Equity and Emergency Contracts

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MOHAMMADI SAM; Khanlari Bahnamiri Hosein; MAFI HOMAYOUN

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Journal: FIGHE MOQARAN Year:2019 | Volume:6 | Issue:12 Page(s): 135-156

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Information Journal Paper

Title

Equity and Emergency Contracts

Author(s)

MOHAMMADI SAM | Khanlari Bahnamiri Hosein | MAFI HOMAYOUN | Issue Writer Certificate

Keywords

Equity

Emergency Contract

Abuse of Position

The Rule of “No Hardship”(La Haraj)

Mandatory Pricing (Tas’ir)

Abstract

Equity as the main path for penetration of morality in law is the foundation of many jurisprudential and legal laws and rules. Equity, as the good behavior of the social conscience, leads to the establishment of true justice in the Islamic society. Accordingly, Equity cannot be silent encountering contracts concluded in emergency situations. Basically, contracts concluded in emergency situations are correct contracts but in some cases (when one of the parties who stands in a top position abuses the emergency situation), influence of this contract will be in doubt, because Equity disallows abuse of the emergency situation in a contract. In Common Law legal system, according to “ the doctrine of unreasonable” in which Equity is the main core, Equity disallows abuse of the emergency situation in a contract. Similarly, jurisprudents, based on the principle of Equity, disallow abuse of the emergency situation in a contract, according to the Rule of “ No Harm” (La Dharar) and the Rule of “ No Hardship” (La Haraj).

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APA: Copy

MOHAMMADI, SAM, Khanlari Bahnamiri, Hosein, & MAFI, HOMAYOUN. (2019). Equity and Emergency Contracts. FIGHE MOQARAN, 6(12 ), 135-156. SID. https://sid.ir/paper/267011/en

Vancouver: Copy

MOHAMMADI SAM, Khanlari Bahnamiri Hosein, MAFI HOMAYOUN. Equity and Emergency Contracts. FIGHE MOQARAN[Internet]. 2019;6(12 ):135-156. Available from: https://sid.ir/paper/267011/en

IEEE: Copy

SAM MOHAMMADI, Hosein Khanlari Bahnamiri, and HOMAYOUN MAFI, “Equity and Emergency Contracts,” FIGHE MOQARAN, vol. 6, no. 12 , pp. 135–156, 2019, [Online]. Available: https://sid.ir/paper/267011/en

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