Identify the Subject of the Contract in Customary Guarantee

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Qanbari Saeedeh; Tabatabaei Mohammad Sadeq

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: FIQH Year:2020 | Volume:27 | Issue:3 (103) Page(s): 138-164

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Information Journal Paper

Title

Identify the Subject of the Contract in Customary Guarantee

Author(s)

Qanbari Saeedeh | Tabatabaei Mohammad Sadeq | Issue Writer Certificate

Keywords

Dhimmah

responsibility

narrative guarantee

customary guarantee

subject of the contract

Abstract

In civil law and Imamiyah jurisprudence, based on the theory of narration and basis of the contract of guarantee on the institution of Dhimmah, the subject of this contract is limited to the fixed religion in Dhimmah and existing at the time of the contract, to the extent that most of the jurists have considered the absence of these two aforementioned conditions as the cause of the invalidity of this contract. However, the subject of guaranteed and common contracts cannot be limited to these conditions. The adequacy of the existence of the cause is not enough to solve the issue. Therefore, it is necessary to correctly identify the subject of the contract, the conditions, and its effects on these conditions, based on the nature of this type of guarantee and appropriate techniques related to this nature, in the guarantees that are used in society. The current paper, in addition to proposing a general theory in the realm of guarantee, it has broken the monopoly of the subject on religion and made obligations in its broadest sense the subject of this contract, with a descriptive-analytical method and focusing on the customary approach to the guarantee contract, by analyzing the nature of the customary guarantee and its profound difference with the narrative guarantee, and using the responsible institution instead of the institution of Dhimmah in explaining the subject of the contract.

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APA: Copy

Qanbari, Saeedeh, & Tabatabaei, Mohammad Sadeq. (2020). Identify the Subject of the Contract in Customary Guarantee. FIQH, 27(3 (103) ), 138-164. SID. https://sid.ir/paper/366255/en

Vancouver: Copy

Qanbari Saeedeh, Tabatabaei Mohammad Sadeq. Identify the Subject of the Contract in Customary Guarantee. FIQH[Internet]. 2020;27(3 (103) ):138-164. Available from: https://sid.ir/paper/366255/en

IEEE: Copy

Saeedeh Qanbari, and Mohammad Sadeq Tabatabaei, “Identify the Subject of the Contract in Customary Guarantee,” FIQH, vol. 27, no. 3 (103) , pp. 138–164, 2020, [Online]. Available: https://sid.ir/paper/366255/en

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