Jurisprudential and Legal Comparative Study of the Counter-Condition of the Relative Liability from the Perspective of Five Islamic Schools of Thought and Iranian Law

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Makhsoosi Rasool; Abin Ali Reza

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Journal: FIGHE MOQARAN Year:2019 | Volume:7 | Issue:13 Page(s): 73-92

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Information Journal Paper

Title

Jurisprudential and Legal Comparative Study of the Counter-Condition of the Relative Liability from the Perspective of Five Islamic Schools of Thought and Iranian Law

Author(s)

Makhsoosi Rasool | Abin Ali Reza | Issue Writer Certificate

Keywords

Civil Company

Profit

Loss

Condition

Requirements of the Substance or Absoluteness of Contract

Infiltration

Non-Infiltration of Corruption

Abstract

A civil partnership contract is one of the contracts where the partners’ goal is to achieve higher Profits, so that the ratio of the amount of capital or work is always effective in determination of Profits. However, the discussion of Counter-Condition of the Relative Liability has long been the subject of jurisprudential and legal circles, and in total, three perspectives have been raised in this regard. It seems that the strongest view should be the correctness of the contract and Condition that its root should be investigated in judicial policies and social expediencies, because the freedom of wills is the principle. This principle is based on social and economic expediencies and it is more consistent with the aim of creating a public and economical order. Moreover, such a Condition is against the requirements of the absoluteness of company contract and does not have any negative effect on accuracy of the contract. In the present paper, we try to review, examine and analyze the theories raised in this regard, and ultimately, with a solid proof of the process, we will take a step towards accepting the theory of the integrity of the Condition against the relative liability in civil companies.

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APA: Copy

Makhsoosi, Rasool, & Abin, Ali Reza. (2019). Jurisprudential and Legal Comparative Study of the Counter-Condition of the Relative Liability from the Perspective of Five Islamic Schools of Thought and Iranian Law. FIGHE MOQARAN, 7(13 ), 73-92. SID. https://sid.ir/paper/267003/en

Vancouver: Copy

Makhsoosi Rasool, Abin Ali Reza. Jurisprudential and Legal Comparative Study of the Counter-Condition of the Relative Liability from the Perspective of Five Islamic Schools of Thought and Iranian Law. FIGHE MOQARAN[Internet]. 2019;7(13 ):73-92. Available from: https://sid.ir/paper/267003/en

IEEE: Copy

Rasool Makhsoosi, and Ali Reza Abin, “Jurisprudential and Legal Comparative Study of the Counter-Condition of the Relative Liability from the Perspective of Five Islamic Schools of Thought and Iranian Law,” FIGHE MOQARAN, vol. 7, no. 13 , pp. 73–92, 2019, [Online]. Available: https://sid.ir/paper/267003/en

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