Reflection on Option for Delayed Payment of the Price

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NOSRATI ALI

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Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2020 | Volume:12 | Issue:21 Page(s): 253-274

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Information Journal Paper

Title

Reflection on Option for Delayed Payment of the Price

Author(s)

NOSRATI ALI | Issue Writer Certificate

Keywords

SaleQ2

Delayed PaymentQ1

EssentialityQ2

OptionQ2

NullityQ2

Abstract

Option is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The Option for Delayed Payment of the price is one of the types of Options that are mentioned only in Imamiyyah jurisprudence and are believed by most Imamiyyah jurists and consequently it is mentioned in the civil law of the Islamic Republic of Iran and is existed in articles 402 to 409. Imamiyyah jurists have held to reports, consensus, the rule of negation of harm (prohibition of detriment) and presumption of continuity (Istishab) for proving the Option of delay. This research by using a descriptive-analytical method based on the library method, tries while reviewing and criticizing the mentioned arguments to show that the incorrect Option for Delayed Payment of the price and misusing it causes unfair income and wants to prove about Delayed Payment of the price which the Sale is basically null and in fact the receipt in three days is the condition of the validity of the Sale. Accordingly, a revision of Articles 402 to 409 of the Civil Code seems necessary.

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APA: Copy

NOSRATI, ALI. (2020). Reflection on Option for Delayed Payment of the Price. CIVIL JURISPRUDENCE DOCTRINES, 12(21 ), 253-274. SID. https://sid.ir/paper/391732/en

Vancouver: Copy

NOSRATI ALI. Reflection on Option for Delayed Payment of the Price. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2020;12(21 ):253-274. Available from: https://sid.ir/paper/391732/en

IEEE: Copy

ALI NOSRATI, “Reflection on Option for Delayed Payment of the Price,” CIVIL JURISPRUDENCE DOCTRINES, vol. 12, no. 21 , pp. 253–274, 2020, [Online]. Available: https://sid.ir/paper/391732/en

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