Analyzing jurisprudential and legal aspects of the contract for the obligation to sell securities
Quarterly Journal of Securities Exchange

Quarterly Journal of Securities Exchange

Analyzing jurisprudential and legal aspects of the contract for the obligation to sell securities

Document Type : Original Article

Authors
mehrdad masoudifar 1
seyed alireza hashemizadeh kahni 2
seyed pedram khandani 2
1 PhD student in private law, Karaj Branch, Islamic Azad University, Karaj, Iran
2 Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
10.22034/jse.2024.12473.2292
Abstract
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.
Keywords
Accrual sales
borrowing sales
financial instruments
stock market
Subjects
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Quarterly Journal of Securities Exchange
Volume 17, Issue 68
Winter 2025
Pages 179-213