NON-RESTRICTEDNESS OF THE EXCHANGED ITEMS IN TRANSACTION BASED ON IMAM KHOMEINI’S VIEWPOINTS

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ALE BUYEH ALI

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Journal: Matin research journal Year:2016 | Volume:18 | Issue:71 Page(s): 1-18

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Title

NON-RESTRICTEDNESS OF THE EXCHANGED ITEMS IN TRANSACTION BASED ON IMAM KHOMEINI’S VIEWPOINTS

Author(s)

ALE BUYEH ALI | Issue Writer Certificate

Keywords

NON-RESTRICTEDNESSQ1

INEFFECTIVENESSQ1

TRANSACTIONQ1

CONDITIONS OF THE EXCHANGED ITEMSQ1

Abstract

Among the conditions by the jurisprudents for correctness of a TRANSACTION is that the exchanged items should be non-restricted or should be free from encumbrance. On this basis, the jurisprudents do not allow the TRANSACTION of a mortgaged or endowed item. However, whether this condition is an independent one or not has not been discussed by the jurisprudents. The Iranian Penal Code does not mention NON-RESTRICTEDNESS as a condition for correctness of a TRANSACTION, rather it mentions some of its referents such as TRANSACTION of a mortgaged or endowed item. In viewpoint of some jurisprudents, lack of existence of reason for encumbrance as a condition for correctness of a TRANSACTION, causes the condition of NON-RESTRICTEDNESS in each referent of this subject to require a specific reason. Hence, according to some jurisprudents and jurists, encumbrance is a general title which hinders any interference which is in contravention with that specific right. Given the multiplicity of emergent referents regarding lack of being non-restricted and association of other’s rights in contemporary era, one may argue that being free from encumbrance is a condition for TRANSACTION, opposition to which would lead to the INEFFECTIVENESS of the deal.

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APA: Copy

ALE BUYEH, ALI. (2016). NON-RESTRICTEDNESS OF THE EXCHANGED ITEMS IN TRANSACTION BASED ON IMAM KHOMEINI’S VIEWPOINTS. PAZHUHESHNAMEH MATIN, 18(71 ), 1-18. SID. https://sid.ir/paper/93852/en

Vancouver: Copy

ALE BUYEH ALI. NON-RESTRICTEDNESS OF THE EXCHANGED ITEMS IN TRANSACTION BASED ON IMAM KHOMEINI’S VIEWPOINTS. PAZHUHESHNAMEH MATIN[Internet]. 2016;18(71 ):1-18. Available from: https://sid.ir/paper/93852/en

IEEE: Copy

ALI ALE BUYEH, “NON-RESTRICTEDNESS OF THE EXCHANGED ITEMS IN TRANSACTION BASED ON IMAM KHOMEINI’S VIEWPOINTS,” PAZHUHESHNAMEH MATIN, vol. 18, no. 71 , pp. 1–18, 2016, [Online]. Available: https://sid.ir/paper/93852/en

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