Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband
The transportation contract is a contract that is concluded between the carrier and the sender. This article tries to answer the question, what is the status of the transport contract in the case that the goods are transported through smuggling? This research, which was carried out in a descriptive-...
| Main Authors: | , |
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| Format: | Article |
| Jezik: | fas |
| Izdano: |
Semnan University
2023-07-01
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| Serija: | مطالعات فقه و حقوق اسلامی |
| Teme: | |
| Online dostop: | https://feqh.semnan.ac.ir/article_8062_d07e1b193a4fa75b199d21b62ec5e1cc.pdf |
| Izvleček: | The transportation contract is a contract that is concluded between the carrier and the sender. This article tries to answer the question, what is the status of the transport contract in the case that the goods are transported through smuggling? This research, which was carried out in a descriptive-analytical way, indicates that according to the agreement or non-agreement on a matter that is an example of smuggling, the transport contract will be valid or invalid; In addition to the fact that the transport operator is not responsible for the validity or invalidity of the transport contract, and in the situation where the operator has attempted to transport contraband, the rules related to security deposit and guarantee must be taken into account. In this regard, the issue has been raised in the form of five assumptions in order to accurately identify the situation of all cases; in the end, the main finding of the research is that the operator's support is essentially a guarantee. |
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| ISSN: | 2008-7012 2717-0330 |