List of Articles Reciprocal contract

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  1 - Performance of the Rule of Guarantee of Exchange, in Termination of Contracts of Exchange
  Mahdi Khademsarbakhsh
  In accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally shoul More

  In accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally should give backthing has gotten from assignee. In law, The firest of rule is namedguarantee of exchange and towel of rule is named security faults intitle.This article attempts to examine this rule, guarantee of exchange,that hitherto was carried out at the performance of reciprocalcontracts, in termination of contract, ie: dissolution and revocation,and then proves performance or failure of performance of this rulein revocation and dissolution and It shall study existence or nonexistence of automatic liability while failure of proof guarantee ofexchange in termination of mutual interest contracts.This article proves that dissipation of object of dissolution willcause rescission and dissipation of object of revocation, without anyeffect on validity of revocation, will cause civil liability ofpossessor. Manuscript profile
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  2 - Considerations on Knowing the Nature of Contracts with a Comparative Approach towards Sale
  Mehdi Mohaghegh far
  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 b More

  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 Manuscript profile
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  3 - Judicial -Legal Analysis of Possibility to Generalize Civil Arsh (Price-Reduction) to all Other Options
  Aliakbar Izadifard Mehdi Falah Mehdi Falah
  Jurists believe that Arsh is contrary to the rule and they deny its entrance in other options. Civil law, only in the discussion of Khiyar Eyb, has spoken of the right to receive Arsh and has not prescribed it in other options. Most of the lawyers has the same viewpoint More

  Jurists believe that Arsh is contrary to the rule and they deny its entrance in other options. Civil law, only in the discussion of Khiyar Eyb, has spoken of the right to receive Arsh and has not prescribed it in other options. Most of the lawyers has the same viewpoints and tried hardly in justification of civil law in this regard. It seems that in Khiyar Eyb, Arsh is receivable when deficiency or lack of health causes a change in value and price of traded goods without loss of the whole value of those goods. A point that can be regarded in jurists’ viewpoints and civil law relates to the nature of Arsh which is the performance guarantee of the contract itself. In this regard, in any reciprocal contract as a sale, the parties undertake an implicit manner to establish equality and balance between the value of the goods and its price and implementation in contract and if each party breaks this commitment, the obligation must force him to implement this commitment. Accordingly, it seems that Arsh is not only contrary to any rule but only it can be exigible in other options in which lack of effective factor causes violation of commitment in making relative balance in value of the goods. Manuscript profile