Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason)
One of the issues which has been discussed in civil jurisprudence is that the transaction is conditioned on the condition from the seller which it is forbidden; one of the three reasons of jurists which invalidate this type of transaction is matching the title of property using with invalidity. The...
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Razavi University of Islamic Sciences
2020-02-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_475_a8f3ccec8535fe040a09cebceece9d65.pdf |
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| _version_ | 1850074683336032256 |
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| author | Sajjad Davarpanah Moghaddam Hussein Naseri Moghaddam |
| author_facet | Sajjad Davarpanah Moghaddam Hussein Naseri Moghaddam |
| author_sort | Sajjad Davarpanah Moghaddam |
| collection | DOAJ |
| description | One of the issues which has been discussed in civil jurisprudence is that the transaction is conditioned on the condition from the seller which it is forbidden; one of the three reasons of jurists which invalidate this type of transaction is matching the title of property using with invalidity. The nullity claim which is based on the book’s indication on nonentity of capable of being owned of this type of transaction, is formed by the impossibility of distinguishing between condition and conditioned and specific narrations. It is dealt in this research with reasons for canceling the transaction by approach of property using with invalidity and this review of the necessity of capable of being owned in transactions, non-indication of The Book on capable of being owned negation from transaction, distinguishing between condition and conditioned ,placing consideration of transaction against the object of sale except in the cases of the condition impact in reduction and increase of the price and in the end will end into non-explicit indication of narrations on the nullity of the conditioned transaction therefore, the nullity of the transaction will be fixed only in the conditions that it causes the reduction and the price of the commodity. |
| format | Article |
| id | doaj-art-ea074b186e7a4fb686aaf48045d9d596 |
| institution | DOAJ |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-02-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-ea074b186e7a4fb686aaf48045d9d5962025-08-20T02:46:29ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-02-011120101128475Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason)Sajjad Davarpanah Moghaddam0Hussein Naseri Moghaddam1PhD student of JurisprudenceFull prof. at Ferdowsi University of MashhadOne of the issues which has been discussed in civil jurisprudence is that the transaction is conditioned on the condition from the seller which it is forbidden; one of the three reasons of jurists which invalidate this type of transaction is matching the title of property using with invalidity. The nullity claim which is based on the book’s indication on nonentity of capable of being owned of this type of transaction, is formed by the impossibility of distinguishing between condition and conditioned and specific narrations. It is dealt in this research with reasons for canceling the transaction by approach of property using with invalidity and this review of the necessity of capable of being owned in transactions, non-indication of The Book on capable of being owned negation from transaction, distinguishing between condition and conditioned ,placing consideration of transaction against the object of sale except in the cases of the condition impact in reduction and increase of the price and in the end will end into non-explicit indication of narrations on the nullity of the conditioned transaction therefore, the nullity of the transaction will be fixed only in the conditions that it causes the reduction and the price of the commodity.https://cjd.razavi.ac.ir/article_475_a8f3ccec8535fe040a09cebceece9d65.pdfcapable of being owned negationillegal conditionproperty using with invaliditynulled transaction |
| spellingShingle | Sajjad Davarpanah Moghaddam Hussein Naseri Moghaddam Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) آموزههای فقه مدني capable of being owned negation illegal condition property using with invalidity nulled transaction |
| title | Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) |
| title_full | Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) |
| title_fullStr | Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) |
| title_full_unstemmed | Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) |
| title_short | Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason) |
| title_sort | examination and criticism of the reasons for the arbiter of cancellation of a prohibited conditional transaction by relying on the sanctity of the property using with invalidity reason |
| topic | capable of being owned negation illegal condition property using with invalidity nulled transaction |
| url | https://cjd.razavi.ac.ir/article_475_a8f3ccec8535fe040a09cebceece9d65.pdf |
| work_keys_str_mv | AT sajjaddavarpanahmoghaddam examinationandcriticismofthereasonsforthearbiterofcancellationofaprohibitedconditionaltransactionbyrelyingonthesanctityofthepropertyusingwithinvalidityreason AT husseinnaserimoghaddam examinationandcriticismofthereasonsforthearbiterofcancellationofaprohibitedconditionaltransactionbyrelyingonthesanctityofthepropertyusingwithinvalidityreason |