List of Articles future property

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  1 - بررسی تطبیقی بیع مال آینده در فقه اسلامی و حقوق ایران
  mohsen aziz علی شیعه علی فاطمه  نعمتی
  Considering that the needs of the societies have increased, we need new legal forms in the legal field other than the existing contracts in today's law in order to respond to these needs from a legal point of view. The sale of future property (that is, the sale of which More

  Considering that the needs of the societies have increased, we need new legal forms in the legal field other than the existing contracts in today's law in order to respond to these needs from a legal point of view. The sale of future property (that is, the sale of which does not exist when the contract is concluded and will occur in the future) is a form of sale that has been investigated especially with the prevalence of pre-sale of apartments, but unfortunately, because in We do not have an explicit law regarding this type of sale. Among the jurists and jurists, there are differences in its authenticity or inauthenticity, each of which has its own reasons. But the truth is that the reasons given by the opponents of the validity of the sale of future property, including jurists and jurists, are not strong reasons for the invalidity of this sale, and therefore, according to the principle of authenticity, the validity of this transaction must be ruled, which requires the examination of several issues. be Among other things, what is the nature of this sale and what are its types? Can the sale of a certain object be traded as the sale of future property? What is the relationship between the sale of future property and contracts such as Salem, Istisna and Kali to Kali? In this article, which is written in a descriptive and analytical way, the result is that the sale of future property is not identical to any of the contracts, but it is an independent contract.sons given by the opponents of the validity of the sale of future property, including jurists and jurists, are not strong reasons for the invalidity of this sale, and therefore, according to the principle of authenticity, the validity of this transaction must be ruled, which requires the examination of several issues. be Among other things, what is the nature of this sale and what are its types? Can the sale of a certain object be traded as the sale of future property? What is the relationship between the sale of future property and contracts such as Salem, Istisna and Kali to Kali?sons given by the opponents of the validity of the sale of future property, including jurists and jurists, are not strong reasons for the invalidity of this sale, and therefore, according to the principle of authen In Manuscript profile
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  2 - Uncertainty about the existencesubject of transaction in Islamic jurisprudence, Iranian and Egyptian law
  hamed salehi ali abadi Alireza Shamshiri Abbas Karimi
  . Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main d More

  . Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future Manuscript profile