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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Main Author: Ali Nosrati
Format: Article
Language:fas
Published: Razavi University of Islamic Sciences 2020-06-01
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.
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institution Kabale University
issn 2251-936X
2783-3690
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publisher Razavi University of Islamic Sciences
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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