نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 دانشیار گروه فقه و حقوق اسلامی دانشگاه شهید مطهری (ره) ، تهران، ایران.
2 دانش آموخته کارشناسی ارشد فقه و حقوق خصوصی دانشگاه شهید مطهری (ره)، تهران، ایران.
3 دانشجوی کارشناسی ارشد، حقوق خصوصی دانشگاه شهید بهشتی (ره)، تهران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The truth of sale has long been considered by Imamiyah jurisprudents and in their jurisprudence books with their definitions of the contract of sale have been expressed their views on the truth of this contract. In the present age, with the development of capable of being owned and recognize property something’s are non-existent but traditionally considered to be a purchase and sale, the question arises whether these new contracts can be incorporated into the contract of sale? According to the famous view of the jurists, which is also followed by civil law, the object of sale in the contract of sale must be from standing property in its narrow sense, there is another view that considers the interpretation of the object broad and considers the object vs. profit. Emphasizing on the customary nature of the contract of sale. The present article with emphasizing the customary nature of the contract of sale seeks to examine the truth of the contract of sale and to review the definitions of the scholars with regard to its customary truth and the conclusion is that the truth of the contract of sale, is a property-to-property exchange, and both views are critical and are incompatible with the customary reality of the contract of sale. According to the authors, Article 338 should be revised in the definition of the contract of sale and provide a definition that is consistent with customary reality. This research has been done by a descriptive-analytical method and based on library resources.
کلیدواژه‌ها [English]
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