نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانش آموخته دکتری فقه و مبانی حقوق اسلامی، واحد علوم و تحقیقات، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The subject matter of a sales agreement can either be a specific thing or a generic obligation. The former will be named as a "Generic Sale ". And the Sale Contract Itself will be described as "Generic Sale". The primary concern as regards Generic Sale would be determining its nature as either property-transfer contract or a contract of obligations. Jurisprudents argue that the Generic Sale falls under the category of property-transfer contract while most lawyers consider it to be a contract of obligation.
Even as scholars state that a sales agreement is necessarily a property-transfer agreement (given the nature of the definition of sales which includes elements like transfer of property, transfer of ownership, exchange ets), declaring Generic Sale as null and void or simply an obligation is unfounded except for the belief that all criticisms surrounding it cannot be resolved. Those scholars who agree with these objections and find no satisfactory response to them have thus concluded that this sale is a contract of obligation
. They base their objections on three grounds, namely: the generic is imaginary, lacks any financial value; and cannot belong to the seller before the contract takes place.
This current study has been carried out by applying the method of library research and aims to clarify whether or not these objections are valid based on the Imamiyya jurisprudence, and how they can be overcome. According to the results obtained from this research, the "generic" has existence, economic value, and can be owned.
کلیدواژهها [English]
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