PERFORMANCE OF THE RULE OF GUARANTEE OF EXCHANGE, IN TERMINATION OF CONTRACTS OF EXCHANGE

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KHADEMSARBAKHSH MAHDI

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2012 | Volume:5 | Issue:9 Page(s): 57-75

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Information Journal Paper

Title

PERFORMANCE OF THE RULE OF GUARANTEE OF EXCHANGE, IN TERMINATION OF CONTRACTS OF EXCHANGE

Author(s)

KHADEMSARBAKHSH MAHDI | Issue Writer Certificate

Keywords

RECIPROCAL CONTRACTSQ3

DISSOLUTIONQ2

REVOCATIONQ2

GUARANTEE OF EXCHANGEQ2

TORTQ1

Abstract

In accordance with opinion “Islamic jurists” and under the “civil code”, in the sale contract, whenever the subject of transaction is dissipated before the transference of the risk to assignee, the contract would be rescinded and buyer legally should give back thing has gotten from assignee. In law, The firest of rule is named GUARANTEE OF EXCHANGE and towel of rule is named security faults in title.This article attempts to examine this rule, GUARANTEE OF EXCHANGE, that hitherto was carried out at the performance of RECIPROCAL CONTRACTS, in termination of contract, ie: DISSOLUTION and REVOCATION, and then proves performance or failure of performance of this rule in REVOCATION and DISSOLUTION and It shall study existence or non existence of automatic liability while failure of proof GUARANTEE OF EXCHANGE in termination of mutual interest contracts.This article proves that dissipation of object of DISSOLUTION will cause rescission and dissipation of object of REVOCATION, without any effect on validity of REVOCATION, will cause civil liability of possessor.

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APA: Copy

KHADEMSARBAKHSH, MAHDI. (2012). PERFORMANCE OF THE RULE OF GUARANTEE OF EXCHANGE, IN TERMINATION OF CONTRACTS OF EXCHANGE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 5(9), 57-75. SID. https://sid.ir/paper/212127/en

Vancouver: Copy

KHADEMSARBAKHSH MAHDI. PERFORMANCE OF THE RULE OF GUARANTEE OF EXCHANGE, IN TERMINATION OF CONTRACTS OF EXCHANGE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2012;5(9):57-75. Available from: https://sid.ir/paper/212127/en

IEEE: Copy

MAHDI KHADEMSARBAKHSH, “PERFORMANCE OF THE RULE OF GUARANTEE OF EXCHANGE, IN TERMINATION OF CONTRACTS OF EXCHANGE,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 5, no. 9, pp. 57–75, 2012, [Online]. Available: https://sid.ir/paper/212127/en

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