Doubt in the Transaction

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AALIPANAH ALIREZA; MAJEDI ABBAS

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Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2019 | Volume:- | Issue:19 Page(s): 241-269

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Information Journal Paper

Title

Doubt in the Transaction

Author(s)

AALIPANAH ALIREZA | MAJEDI ABBAS | Issue Writer Certificate

Keywords

DoubtQ1

Subject of the transactionQ2

Universal fact from specified thingQ2

Uncertain thingQ1

RiskQ2

Drawing lotsQ2

Abstract

oubt in the transaction” occurs when the definite conclusion of the two parties of the transaction concern to uncertain parts of two or more than to things. The majority Shiite jurisprudents, as well as some jurists have prohibited the uncertainty in transaction and considered it to be harmful for reasons such as consensus, invoking to some narrations, the impossibility of availability of Uncertain thing, ambiguity, Risk, non-applicability of such transactions, foolishness of this act, analogous to uncertain compromising, and incorrectness of the concluding of the contract. Iran’ s civil law, following the majority, has necessitated “ the defined subject” for the correctness of the transaction. By criticizing the reasons of the prohibition of Doubting in transaction, and also by referring to reasons such as generalities, invoking to the traditions regarding marriage, uncertain testament and vow, the present article has determined the validity of the transaction that its subject is uncertain and made possible spreading its validity to the assumption that the collection that consists of the things that have different prices. And in the end, it has suggested two solutions of stipulation and Drawing lots for determining the Subject of the transaction.

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APA: Copy

AALIPANAH, ALIREZA, & MAJEDI, ABBAS. (2019). Doubt in the Transaction. CIVIL JURISPRUDENCE DOCTRINES, -(19 ), 241-269. SID. https://sid.ir/paper/227216/en

Vancouver: Copy

AALIPANAH ALIREZA, MAJEDI ABBAS. Doubt in the Transaction. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2019;-(19 ):241-269. Available from: https://sid.ir/paper/227216/en

IEEE: Copy

ALIREZA AALIPANAH, and ABBAS MAJEDI, “Doubt in the Transaction,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 19 , pp. 241–269, 2019, [Online]. Available: https://sid.ir/paper/227216/en

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