نوع مقاله : مقاله پژوهشی
نویسنده
مدرس سطوح عالیه حوزه علمیه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
value of the exchanged items leads to the contract being concluded in a differential manner, and the amount of the exchanged items is not equal. According to the agreed principle among Shia jurists, in these differential contracts, if the exchanged items are of the same class measure or weight, this contract is considered "usury" (riba) and is therefore invalid. However, in addition to this, some jurists have proposed a principle regarding contracts where the exchanged items, although not measurable or weighable, are still considered to be of the same genus. They have stated that such contracts can only be valid if the exchange is done in a cash manner. Therefore, the question is whether this contract can also be valid in a long-term form (deferred or forward), or can it only be valid in a cash transaction? This research, using a scriptural-revelatory method and analytical-critical data processing, has reached the conclusion that there is not sufficient evidence to require the condition of being a cash transaction for the validity of this contract. Rather, in accordance with the general principles of the validity of contracts, the ruling should be that this contract is valid even in a long-term (deferred) form. Therefore, one cannot, by relying on the presented evidence for invalidity, consider the general principle of the validity of sale contracts in the Civil Code, which also includes this type of transaction, as invalid according to Article 4 of the Constitution.
کلیدواژهها [English]
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