A REVIEW OF THE PRINCIPLES FOR THE LEGITIMACY OFTHE INDEFINITE CONTRACTS IN THE ISLAMIC LAW THROUGH ACOMPARATIVE APPROACH

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AHANGARAN MOHAMMAD RASOOL; SAEEDI MAHDI

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Journal: CIVIL LAW KNOWLEDGE Year:2017 | Volume:5 | Issue:2 (10) Page(s): 1-15

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Title

A REVIEW OF THE PRINCIPLES FOR THE LEGITIMACY OFTHE INDEFINITE CONTRACTS IN THE ISLAMIC LAW THROUGH ACOMPARATIVE APPROACH

Author(s)

AHANGARAN MOHAMMAD RASOOL | SAEEDI MAHDI | Issue Writer Certificate

Keywords

SUPREMACY OF WILLQ2

LIBERTY OF CONTRACTQ2

INDEFINITE CONTRACTSQ1

MUTUAL CONSENTQ1

PRINCIPLESQ2

Abstract

One of the PRINCIPLES dominating the private contracts between individuals is the principle of the SUPREMACY OF WILL or the LIBERTY OF CONTRACT. This principle is considered as one of the main discussions of the contract law.According to this principle, the contracting parties are free in choosing the other party of the contract as well as the shape, form, amount, and conditions of the contract, lest limited by law, good behavior, or public order. Although the shape and form of some contracts have been specified in the civil code, the contracting parties can draw upon the LIBERTY OF CONTRACT principle to choose a form and shape other than the fixed contract. Article 10of the civil code of the Islamic Republic of Iran is the main supporter of the LIBERTY OF CONTRACT principle. Regarding the Islamic law, the jurisprudents have extracted numerous proofs and arguments from the Islamic traditions and texts and have introduced them as the PRINCIPLES of the LIBERTY OF CONTRACT.

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APA: Copy

AHANGARAN, MOHAMMAD RASOOL, & SAEEDI, MAHDI. (2017). A REVIEW OF THE PRINCIPLES FOR THE LEGITIMACY OFTHE INDEFINITE CONTRACTS IN THE ISLAMIC LAW THROUGH ACOMPARATIVE APPROACH. CIVIL LAW KNOWLEDGE, 5(2 (10)), 1-15. SID. https://sid.ir/paper/245910/en

Vancouver: Copy

AHANGARAN MOHAMMAD RASOOL, SAEEDI MAHDI. A REVIEW OF THE PRINCIPLES FOR THE LEGITIMACY OFTHE INDEFINITE CONTRACTS IN THE ISLAMIC LAW THROUGH ACOMPARATIVE APPROACH. CIVIL LAW KNOWLEDGE[Internet]. 2017;5(2 (10)):1-15. Available from: https://sid.ir/paper/245910/en

IEEE: Copy

MOHAMMAD RASOOL AHANGARAN, and MAHDI SAEEDI, “A REVIEW OF THE PRINCIPLES FOR THE LEGITIMACY OFTHE INDEFINITE CONTRACTS IN THE ISLAMIC LAW THROUGH ACOMPARATIVE APPROACH,” CIVIL LAW KNOWLEDGE, vol. 5, no. 2 (10), pp. 1–15, 2017, [Online]. Available: https://sid.ir/paper/245910/en

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