Considerations on Knowing the Nature of Contracts with a Comparative Approach towards Sale

Subject Areas : All jurisprudential issues

Mehdi Mohaghegh far ¹

1 - دانشجوی دکتری فقه و حقوق اسلامی

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2008-09-22

Keywords: jurisprudence of contracts, reciprocal contracts, sale&#x0D, &#x0D, contract, knowing the nature, Comparative Study,

Abstract :

The proper application of the regulations of contracts depends on theactual knowledge of each of them. Although certain contemporaryjurisprudents have dealt with some aspects of the nature of contracts whilediscussing sale contract, no distinct and sufficient text has been written onImÁmiyya jurisprudence of contracts. The present article seeks to raisesome important considerations presenting outlines of the general methodof knowing the nature of contracts. It deals briefly with distinguishing theontological approach from the conceptual one, distinguishing thedelimiting elements from the causal ones, that of contracts property fromvows property, explanation of causal and effectual attitude to contracts,distinguishing the nature of contracts from their effects, their compoundor simple nature, all of which contribute to finding the essence and natureof contracts. To come to more tangible conclusions, I have delimited thecontracts under discussion to reciprocal ones. I have also studied certaincases of applying these considerations in sale contract with a comparativeapproach