LEGAL STATUS “MORA’A” AS A STATE WITHIN THE VALIDITY, INVALIDITY AND LACK OF INFLUENCE

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KARIMI ABBAS; SHABANI KANDSARI HADI

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Journal: PRIVATE LAW STUDIES Year:2018 | Volume:47 | Issue:4 Page(s): 683-702

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Information Journal Paper

Title

LEGAL STATUS “MORA’A” AS A STATE WITHIN THE VALIDITY, INVALIDITY AND LACK OF INFLUENCE

Author(s)

KARIMI ABBAS | SHABANI KANDSARI HADI | Issue Writer Certificate

Keywords

FUTURE PROPERTYQ2

IGNORANCEQ1

OUTER SUBSTANCEQ1

POSSESSION OF NONEXISTENTQ2

RISKQ2

UNCERTAINTYQ1

Abstract

This paper is to study the transaction possibility of FUTURE PROPERTY, and the bases of transaction nullity of FUTURE PROPERTY and designing the general rule for these transactions. There would be a question that why the famous 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.

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APA: Copy

KARIMI, ABBAS, & SHABANI KANDSARI, HADI. (2018). LEGAL STATUS “MORA’A” AS A STATE WITHIN THE VALIDITY, INVALIDITY AND LACK OF INFLUENCE. PRIVATE LAW STUDIES, 47(4 ), 683-702. SID. https://sid.ir/paper/125038/en

Vancouver: Copy

KARIMI ABBAS, SHABANI KANDSARI HADI. LEGAL STATUS “MORA’A” AS A STATE WITHIN THE VALIDITY, INVALIDITY AND LACK OF INFLUENCE. PRIVATE LAW STUDIES[Internet]. 2018;47(4 ):683-702. Available from: https://sid.ir/paper/125038/en

IEEE: Copy

ABBAS KARIMI, and HADI SHABANI KANDSARI, “LEGAL STATUS “MORA’A” AS A STATE WITHIN THE VALIDITY, INVALIDITY AND LACK OF INFLUENCE,” PRIVATE LAW STUDIES, vol. 47, no. 4 , pp. 683–702, 2018, [Online]. Available: https://sid.ir/paper/125038/en

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