Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face ...
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Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face and according to Article 190 of the law Civil contracts are concluded and valid, and on the other hand, according to the nature and using the customer's position of weakness when concluding the said contracts, banks impose conditions and obligations on the buyer that distinguish them from other contracts, which are mentioned in the text, the differences It is examined in detail and we also find out at the end that the mention of installment sales contracts in the law of usury-free banking operations should not create the illusion of its monopoly, in other words, the conclusion of such contracts is prohibited in societies outside the banking system if it is not against the propositions of public order and good morals. does not turnResearch method: The current research method is analytical-descriptive of applied type and using laws and regulations and library resources, especially banking laws and regulations.Findings: The meaning of installment sale is the transfer of the same thing at a known price, otherwise, all or part of the said price is received in equal or unequal installments on the due date or due dates.
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
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The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
