THE NATURE AND SPECIFIC PROVISIONS OF FORMATION OF MURABAHAH CONTRACT IN IRANIAN LAW

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SOLTANI MOHAMMAD; SHIRVANI ZADEH ARANI HAMED

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Journal: CIVIL LAW KNOWLEDGE Year:2016 | Volume:4 | Issue:2 (8) Page(s): 69-83

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Information Journal Paper

Title

THE NATURE AND SPECIFIC PROVISIONS OF FORMATION OF MURABAHAH CONTRACT IN IRANIAN LAW

Author(s)

SOLTANI MOHAMMAD | SHIRVANI ZADEH ARANI HAMED | Issue Writer Certificate

Keywords

MURABAHAH SALEQ2

CONTRACT FORMATIONQ2

SPECIFIC CONDITIONSQ1

MURABAHAHQ2

Abstract

Approving The Fifth Development Plan of Islamic Republic of Iran Code, has entered in legal arena of our country. Proper use of each contract and use the full legal capacity in a legal system primarily requires that tool is correctly identified. Murabaha contract is not exception to this rule. Recently approved Bylaws and Instructions related to this contract, contain provisions which make it inevitable to again careful analysis of this contract. One of the most important provisions can be understood with a glimpse of the total related regulation, is the extending the contract subject to the goods and services.This is not only have us to trying to find the nature of this contract, but also to reflect again with the SPECIFIC CONDITIONS mentioned in the Jurisprudential texts about the formation of this contract. Referring to the jurisprudence texts and regulations, we can underst and Murabaha contract - that Jurisprudents described and evaluated it under the contract of sale-naturally is notcontract of sale and basically it is a format contract By which we can be transfer to Contracting party anything obtained from a preveous contract (goods or services by sale contract or non-sales), by adding a certain amount of profit to the amount of the acquisition (Ras al-Mal).So the SPECIFIC CONDITIONS of conclusion of this contract, only guarantee the validity of such transferring practice, not accuracy of the contract nature.

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APA: Copy

SOLTANI, MOHAMMAD, & SHIRVANI ZADEH ARANI, HAMED. (2016). THE NATURE AND SPECIFIC PROVISIONS OF FORMATION OF MURABAHAH CONTRACT IN IRANIAN LAW. CIVIL LAW KNOWLEDGE, 4(2 (8)), 69-83. SID. https://sid.ir/paper/245915/en

Vancouver: Copy

SOLTANI MOHAMMAD, SHIRVANI ZADEH ARANI HAMED. THE NATURE AND SPECIFIC PROVISIONS OF FORMATION OF MURABAHAH CONTRACT IN IRANIAN LAW. CIVIL LAW KNOWLEDGE[Internet]. 2016;4(2 (8)):69-83. Available from: https://sid.ir/paper/245915/en

IEEE: Copy

MOHAMMAD SOLTANI, and HAMED SHIRVANI ZADEH ARANI, “THE NATURE AND SPECIFIC PROVISIONS OF FORMATION OF MURABAHAH CONTRACT IN IRANIAN LAW,” CIVIL LAW KNOWLEDGE, vol. 4, no. 2 (8), pp. 69–83, 2016, [Online]. Available: https://sid.ir/paper/245915/en

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