Reflection on Option for Delayed Payment of the Price
Option is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The option for delayed payment of the price is one of the types of options that are mentioned only in Imamiyyah jurisprudence and...
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| Format: | Article |
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Razavi University of Islamic Sciences
2020-06-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_636_f8348a009561b711c012440e9008ea9a.pdf |
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| author | Ali Nosrati |
| author_facet | Ali Nosrati |
| author_sort | Ali Nosrati |
| collection | DOAJ |
| description | Option is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The option for delayed payment of the price is one of the types of options that are mentioned only in Imamiyyah jurisprudence and are believed by most Imamiyyah jurists and consequently it is mentioned in the civil law of the Islamic Republic of Iran and is existed in articles 402 to 409. Imamiyyah jurists have held to reports, consensus, the rule of negation of harm (prohibition of detriment) and presumption of continuity (Istishab) for proving the option of delay. This research by using a descriptive-analytical method based on the library method, tries while reviewing and criticizing the mentioned arguments to show that the incorrect option for delayed payment of the price and misusing it causes unfair income and wants to prove about delayed payment of the price which the sale is basically null and in fact the receipt in three days is the condition of the validity of the sale. Accordingly, a revision of Articles 402 to 409 of the Civil Code seems necessary. |
| format | Article |
| id | doaj-art-688223157f2a4ccc9280a7246c55f37f |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-06-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-688223157f2a4ccc9280a7246c55f37f2025-08-20T03:58:36ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-06-011221253274636Reflection on Option for Delayed Payment of the PriceAli Nosrati0Assistant professor at Razavi University of Islamic SciencesOption is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The option for delayed payment of the price is one of the types of options that are mentioned only in Imamiyyah jurisprudence and are believed by most Imamiyyah jurists and consequently it is mentioned in the civil law of the Islamic Republic of Iran and is existed in articles 402 to 409. Imamiyyah jurists have held to reports, consensus, the rule of negation of harm (prohibition of detriment) and presumption of continuity (Istishab) for proving the option of delay. This research by using a descriptive-analytical method based on the library method, tries while reviewing and criticizing the mentioned arguments to show that the incorrect option for delayed payment of the price and misusing it causes unfair income and wants to prove about delayed payment of the price which the sale is basically null and in fact the receipt in three days is the condition of the validity of the sale. Accordingly, a revision of Articles 402 to 409 of the Civil Code seems necessary.https://cjd.razavi.ac.ir/article_636_f8348a009561b711c012440e9008ea9a.pdfsaledelayed paymentessentialityoptionnullity |
| spellingShingle | Ali Nosrati Reflection on Option for Delayed Payment of the Price آموزههای فقه مدني sale delayed payment essentiality option nullity |
| title | Reflection on Option for Delayed Payment of the Price |
| title_full | Reflection on Option for Delayed Payment of the Price |
| title_fullStr | Reflection on Option for Delayed Payment of the Price |
| title_full_unstemmed | Reflection on Option for Delayed Payment of the Price |
| title_short | Reflection on Option for Delayed Payment of the Price |
| title_sort | reflection on option for delayed payment of the price |
| topic | sale delayed payment essentiality option nullity |
| url | https://cjd.razavi.ac.ir/article_636_f8348a009561b711c012440e9008ea9a.pdf |
| work_keys_str_mv | AT alinosrati reflectiononoptionfordelayedpaymentoftheprice |