نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Among the important issues in the field of financial law are the issues related to financial instruments, which are particularly important in Islamic law due to the prohibition of certain types of transactions - usury, gharari, loss, etc. - in Islamic law. Among the important topics in Islamic finance law is the evaluation and review of the legitimacy and nature of new financial instruments.
One of the new financial instruments is the contractual sales contract. The analysis of the legal nature of these papers as a novel contract is important because it has no precedent in Iran's legal investigations and its legitimacy, nature and other aspects have not been examined to the required extent. In this article, the technical characteristics, legitimacy and nature of these papers are examined and analyzed.
Despite the similarities between the contract of sale and the contract of sale on loan, while explaining some aspects of the difference, by accepting the difference between the peace contract and Article 10 of the Civil Law, finally the contract of sale as a new and legitimate contract based on the principle of public knowledge and It has been approved under Article 10 of the Civil Code.
کلیدواژهها English
