THE BACKGROUND AND THE CONCEPT OF THE RULE OF THE COMPULSORY WARRANTY IN THE SHI’ITE AND SUNNITE JURISPRUDENTIAL TEXTS

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REZAEE BAQAL ZADEH A.; KAZEMI GOLVERDI M.R.

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Paper Information

Journal: JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE Year:2010 | Volume:6 | Issue:24 Page(s): 91-112

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Title

THE BACKGROUND AND THE CONCEPT OF THE RULE OF THE COMPULSORY WARRANTY IN THE SHI’ITE AND SUNNITE JURISPRUDENTIAL TEXTS

Author(s)

REZAEE BAQAL ZADEH A. | KAZEMI GOLVERDI M.R. | Issue Writer Certificate

Keywords

RULEQ3

WARRANTYQ3

VALIDQ3

CORRUPTQ3

DECAYQ3

CONCEPTQ3

Abstract

One of the famous jurisprudential RULEs is the compulsory WARRANTY. In fact, this RULE consists of two parts: the reasoning of the base, and the negating of the reverse. The meaning of the RULE and regulation is that every contract tie that requires suretyship to be VALID, its CORRUPT is also based upon guarantee, and every contract tie which does not require guarantee to be true, its VALIDity does not cause WARRANTY.This article deals with the background of this RULE according to the Imamiyyeh and the Sunnite jurisprudential texts and comes up with the conclusion that is known as the RULE of Mostaydeh with such a meaning that is not found in any verse or version. But it is possible to find it in the collections of legal injunctions in different chapters and in various cases.In the Five-school sects and creeds, it has been considered and accepted simultaneously as well as in the 4th century in the Al-Mabsooti of Sheikh Toosi and Sarakhsi, two great Shi’ite and Sunnite scholars.This paper is also interested in studying the comparative application and the meaning of this RULE from the viewpoint of the Suniites and the Shi’ites.

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APA: Copy

REZAEE BAQAL ZADEH, A., & KAZEMI GOLVERDI, M.R.. (2010). THE BACKGROUND AND THE CONCEPT OF THE RULE OF THE COMPULSORY WARRANTY IN THE SHI’ITE AND SUNNITE JURISPRUDENTIAL TEXTS. JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE, 6(24), 91-112. SID. https://sid.ir/paper/193912/en

Vancouver: Copy

REZAEE BAQAL ZADEH A., KAZEMI GOLVERDI M.R.. THE BACKGROUND AND THE CONCEPT OF THE RULE OF THE COMPULSORY WARRANTY IN THE SHI’ITE AND SUNNITE JURISPRUDENTIAL TEXTS. JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE[Internet]. 2010;6(24):91-112. Available from: https://sid.ir/paper/193912/en

IEEE: Copy

A. REZAEE BAQAL ZADEH, and M.R. KAZEMI GOLVERDI, “THE BACKGROUND AND THE CONCEPT OF THE RULE OF THE COMPULSORY WARRANTY IN THE SHI’ITE AND SUNNITE JURISPRUDENTIAL TEXTS,” JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE, vol. 6, no. 24, pp. 91–112, 2010, [Online]. Available: https://sid.ir/paper/193912/en

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