Provision of Taking Higher Profits without a Consideration in the Partnership Contract

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Mortazavi Seyyed Salman; MASOUDIAN MOSTAFA

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:15 | Issue:4 Page(s): 553-571

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Information Journal Paper

Title

Provision of Taking Higher Profits without a Consideration in the Partnership Contract

Author(s)

Mortazavi Seyyed Salman | MASOUDIAN MOSTAFA | Issue Writer Certificate

Keywords

ProfitQ1

Profit without a ConsiderationQ1

Partnership ContractQ1

Imamiyyah JurisprudenceQ1

Abstract

In the contract of partnership in the Imamiyyah Jurisprudence, the Profits from the partnership are divided in proportion to the share of each partner in the company's assets. However, this article studies the possibility that one of the partners takes more Profits than its share ratio without any consideration for that. In addition to the importance of this matter in the quality of dividing Profits in the Partnership Contract, the lawfulness or unlawfulness of the condition of taking higher Profits without a consideration is very important in the mechanism of distribution of Profits among its agents in the economic system as well as the nature of the wage of the worker in the labor law. This article aims to present a view about the possibility of making a condition to take a Profit higher than the proportion of the individual's share of the company's shares based on the principles of Imamiyyah religion. The scope of the research, is a brief study of the abovementioned condition in the civil code and the views of the jurisprudents, and its detailed study in the opinions of the jurisprudents. This study presents a view based on the validity of the above condition in Imamiyyah Jurisprudence. The result of the study can be used for presenting a criterion for dividing the Profits and losses in the Partnership Contract, elaborating on the mechanism of distribution of Profits among its production agents and the nature of the wages of the worker in the Imamiyyah Jurisprudence.

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APA: Copy

Mortazavi, Seyyed Salman, & MASOUDIAN, MOSTAFA. (2020). Provision of Taking Higher Profits without a Consideration in the Partnership Contract. ISLAMIC JURISPRUDENCE RESEARCH, 15(4 ), 553-571. SID. https://sid.ir/paper/369362/en

Vancouver: Copy

Mortazavi Seyyed Salman, MASOUDIAN MOSTAFA. Provision of Taking Higher Profits without a Consideration in the Partnership Contract. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;15(4 ):553-571. Available from: https://sid.ir/paper/369362/en

IEEE: Copy

Seyyed Salman Mortazavi, and MOSTAFA MASOUDIAN, “Provision of Taking Higher Profits without a Consideration in the Partnership Contract,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 4 , pp. 553–571, 2020, [Online]. Available: https://sid.ir/paper/369362/en

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