LEGAL AND JURISPRUDENTIAL CONSIDERATION OF LEGAL EARNEST MONEY

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ROSTAMI CHELKASARI E.; ALINEZHADY GVRABJVARY M.

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Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2013 | Volume:3 | Issue:6 Page(s): 85-145

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Information Journal Paper

Title

LEGAL AND JURISPRUDENTIAL CONSIDERATION OF LEGAL EARNEST MONEY

Author(s)

ROSTAMI CHELKASARI E. | ALINEZHADY GVRABJVARY M. | Issue Writer Certificate

Keywords

EARNEST MONEYQ2

ARBON SALEQ2

OBLIGATORY PAYMENT (MONEY)Q1

INITIAL (PRIMARY) CONDITIONSQ2

COMMITMENT TO SELLINGQ2

Abstract

Both in legislated law and among scholars, EARNEST MONEY has received little attention, and has been considered as a trivial issue throughout the related texts. Therefore, dealing with this issue would be a new and fruitful investigation here. There are many subtle differences and similarities between the nature of EARNEST MONEY and other legal structures that caused it to be stated for the justification and investigation of the nature of EARNEST MONEY. Of course, those untouched differences will be targeted in this text. Despite the silence of legislator and generality (brevity) of civil law regarding this issue, by and large, paying EARNEST MONEY does not and cannot lead to a selling contract, because the requirement and commitment has not been established between corresponding persons, so it would not have the conditions of selling contract. Obligation, unilateral COMMITMENT TO SELLING, mutual COMMITMENT TO SELLING, and suspended contract cannot be the suitable justification of EARNEST MONEY. That is why after analyzing the juridical proofs and foundations of law in Iran, it can be concluded that EARNEST MONEY has its own specific nature which is considered as the partial payment of the total contracted price, and if contract is made later, it is considered as the main price.

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APA: Copy

ROSTAMI CHELKASARI, E., & ALINEZHADY GVRABJVARY, M.. (2013). LEGAL AND JURISPRUDENTIAL CONSIDERATION OF LEGAL EARNEST MONEY. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 3(6), 85-145. SID. https://sid.ir/paper/207152/en

Vancouver: Copy

ROSTAMI CHELKASARI E., ALINEZHADY GVRABJVARY M.. LEGAL AND JURISPRUDENTIAL CONSIDERATION OF LEGAL EARNEST MONEY. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2013;3(6):85-145. Available from: https://sid.ir/paper/207152/en

IEEE: Copy

E. ROSTAMI CHELKASARI, and M. ALINEZHADY GVRABJVARY, “LEGAL AND JURISPRUDENTIAL CONSIDERATION OF LEGAL EARNEST MONEY,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 3, no. 6, pp. 85–145, 2013, [Online]. Available: https://sid.ir/paper/207152/en

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