Private Law
Mohammad Sardoeinasab; Peyman Aghababaee Dehkordi
Abstract
Abstract:The subject of this paper is the analysis of the nature and validity of price adjustment clause by paying the difference at the time of payment of the last installment. The unpredictable changes in commodity prices in the market have led to, in sales in installment, sellers cannot set a part ...
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Abstract:The subject of this paper is the analysis of the nature and validity of price adjustment clause by paying the difference at the time of payment of the last installment. The unpredictable changes in commodity prices in the market have led to, in sales in installment, sellers cannot set a part of price allocated to installment, so they designed the above mechanism. This term concludes that, in the sale of installments, the last installment has been adjusted and the buyer is required to pay rest. In this paper, using a descriptive and analytical method and referring to the main sources, after analyzing the various forms of the above mechanism, it is recognized & this result has been achieved, If understanding of Gharar, and summarizes in assurance, this term will be correct. The judicial procedure also recognizes it's as valid. Keyword: installment sales, condition about performance of an act, corollary term suspended, adjustment, open price, Gharar.
Abas Karimi; Hadi Shabani Kandsari
Abstract
The possibility of transaction of future property is studied in this article. The purpose of doing this paper is studying of the bases of nullity of transaction of future property and designing of the general rule for these transactions, and we were encountered to this question that why the famous of ...
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The possibility of transaction of future property is studied in this article. The purpose of doing this paper is studying of the bases of nullity of transaction of future property and designing of the general rule for these transactions, and we were encountered to this question that why the famous of jurists and lawyers knew as nullity transaction of future property, and how much the given arguments are valid and also in what cases it is possible to know truth the transaction of future property under a general rule. The result was that transaction of future property has known as nullity mainly because of some Jurisprudential exemplum (called Revayat in Islamic jurisprudence) and the forbidden of belonging of possession of nonexistent and its uncertainty, while there are also some Jurisprudential exemplum indicating the truth of transaction of future property. Moreover, prompt possession is not the inherent prerequisite of possessive contracts and possession takes place after the emersion of the subject of contract. In addition, transaction of future property is not uncertain and should be known as truth, if there is conjecture of creation of the property in the future according to the normal routine of affairs. Therefore, the existence of subject of contract meanwhile of conclusion is not of the main conditions and general rule and is necessary only in the cases which the mind basis of the parties is on the transaction of existent property