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Issue Info: 
  • Year: 

    2011
  • Volume: 

    4
  • Issue: 

    7
  • Pages: 

    25-47
Measures: 
  • Citations: 

    0
  • Views: 

    3458
  • Downloads: 

    0
Abstract: 

The "Option Contracts" are among means being used in the stock market today. This kind of Contract can be corrected through certain Contracts such as "Jealeh" and "Solh" Contracts. It's correction based on independent Contract is devoid of any fault, though it's linkage with some other Contracts like "Insurance" as well as Representation is faciny challenge. It should be said, however That there exist general conditions relevant to the Contracts in this kind of interaction and is devoid of any fault from this point of view. The payment of the right of condition can be corrected for the cause of ebra. On the subject of the linkage between papers of the tansaction Option are can refer to the suggestion of participation and representation and all possible defects can be repelled. The verdicts related to the papers like ownership (possession), interest and so, are compatible with the religious law.

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    22
  • Issue: 

    2
  • Pages: 

    135-141
Measures: 
  • Citations: 

    0
  • Views: 

    297
  • Downloads: 

    131
Abstract: 

A key issue for manufacturing firms is planning for outsourced components. In this research, we have considered a manufacturer in a Make-to-Order production environment who has to outsource a special component from a set of suppliers. One selling season is considered and the manufacturer faces uncertain demand during the selling season. A good strategy for the manufacturer to balance both holding and lost sale costs is to initiate capacity reservation Contracts with his suppliers. Thus, unlike the previous researches we have presented a mathematical model based on Option mechanism that will help the manufacturer to select appropriate suppliers and order allocation, simultaneously. The considered Option mechanism has a two part Contract fee structure (Option price and exercise price) and it is at the foundation of practical Contracts used by different industries. A numerical example is used to illustrate the model and to investigate how Option mechanism improves manufacturer's expected profit in comparison with the situation without applying the Option mechanism.

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Author(s): 

TALEB AHMADI H.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2004
  • Volume: 

    10
  • Issue: 

    3 (43 LAW)
  • Pages: 

    169-203
Measures: 
  • Citations: 

    1
  • Views: 

    3017
  • Downloads: 

    0
Abstract: 

According to Article 380 of Iranian Civil Code: "In the case of the bankruptcy of the buyer, if he has retained in his possession the actual object of the sale, the seller can reclaim it and he can keep the object sold provided it has not yet been handed over." This right of the seller is known as "Option of taflis" in Islamic law. It can be found in Iranian Commercial Code too. In this article we study the definition, conditions, enforcement, etc. of this Option in bankruptcy law.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    221-244
Measures: 
  • Citations: 

    0
  • Views: 

    100
  • Downloads: 

    69
Abstract: 

This study proposes a novel Option-revenue sharing coordination Contract framework. In the proposed model, the retailer determines the number of order sales effort. The manufacturer sets the price of products for the wholesale strategy. The investigated supply chain problem analyzes the results of different strategies. In the proposed coordination Contract problem, two types of games including retailer-based game and manufacturer-based Stackelberg game are considered. In both cases the retailer adopts the value of order and the sales effort and the manufacturer determines the wholesale price. To assess the performance of the proposed Contract, a wholesale and a basic selection Contract are considered in the model. To obtain the Nash equilibrium in the retailer-based state of the proposed Option-revenue sharing coordination Contract problem, a hybrid algorithm consisting of a heuristic and a genetic algorithm is proposed by considering the computational complexities of the proposed model. A numerical comparison between the proposed Contract and other cases demonstrates that the Option-revenue sharing Contract significantly dominates the basic Option and the wholesale price Contract. Finally, we implemented some numerical experiments on the critical parameters of the Contract. Based on the results, increasing the price-dependency of demand results in less number of products ordered by the retailer.

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Journal: 

Issue Info: 
  • Year: 

    2019
  • Volume: 

    51
  • Issue: 

    1 (116)
  • Pages: 

    31-57
Measures: 
  • Citations: 

    0
  • Views: 

    518
  • Downloads: 

    0
Abstract: 

Bail (Kafala) is an irrevocable Contract. Although under the principles applicable to irrevocable Contracts, stipulation of Option in these Contracts is permitted, the legislator has not declared whether such stipulation is valid or void. Therefore, the main question remains what is the remedy of stipulation of Option in bail Contract? Different opinions have been suggested by Islamic jurists and it is necessary to determine the valid opinion and accordingly, the legal status through comparative study and criticizing the suggested opinions. The purpose of the present paper is to determine whether stipulation of Option in bail Contract is valid or void according to valid fatawi (verdicts) through descriptive method and destruction of valid jurisprudence sources and library tools. As the most important result of this research we can say that stipulation of Option in bail Contract is valid and in addition to the stipulation, the Contract is valid as well. Therefore, the legislator is recommended to enact an article and declare the validity of stipulation of Option in bail Contract and end the current controversies.

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Author(s): 

MOVAHHEDI MOHEBB MEHDI

Issue Info: 
  • Year: 

    2012
  • Volume: 

    44
  • Issue: 

    2
  • Pages: 

    139-154
Measures: 
  • Citations: 

    0
  • Views: 

    1268
  • Downloads: 

    0
Abstract: 

Restriction of Option of meeting place to the sale Contract is treated as incontrovertible in both Shiite jurisprudence and Iranian civil code in such a way that it is considered among necessities of Shiite jurisprudence by some and a matter of consensus by others. However, Malik and Abu Hanifa radically denied the prevailing opinion and Shafii had his own idea in this connection.Since transactions are not dependent upon divine instruction but rather are handed over to the custom of the wise on the one hand and the wise can generally discover criteria of their religious precepts on the other, the present essay explains various opinions of jurists on the Option of meeting place reviewing and criticizing their proofs and arguments first, expounds the theory of generalization of Option of meeting place along with its evidence and supporters secondly, and, annulling the peculiarity to sale Contract, concludes that Option of meeting place includes all irrevocable Contracts (except marriage) in which the criterion of Option of meeting place exists.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    40
  • Pages: 

    47-63
Measures: 
  • Citations: 

    0
  • Views: 

    990
  • Downloads: 

    0
Abstract: 

The purpose of this research is the pricing of gold coin Option Contracts based on the Black-Scholes model and identification of the profitable strategies in the Iran mercantile exchange. For this purpose, The theoretical prices of the Option Contracts based on the Black-Scholes method have been compared whith market prices for each maturity from December 2016 to September 2017. (200 working days in the Iran mercantile exchange). The volatility of the gold coin in the market has been estimated by the GARCH method as a variable in the pricing models. The results of the research indicates that the market prices of gold coin Option Contracts in Iran mercantile exchange were lower than the theoretical prices in 53 to 100% of investment days, (at different strike price) Also, the Bull Call Spread for the gold coin Option Contracts in Iran mercantile exchange with Exercise dates of January 2017, the the Bull Call Spread and Butterfly Spread for Option Contracts with the maturity of November 2017 are profitable.

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Author(s): 

Shahmalekpour h. | Daryaee r.

Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    1 (65)
  • Pages: 

    7-22
Measures: 
  • Citations: 

    0
  • Views: 

    215
  • Downloads: 

    0
Abstract: 

Regardless validity arguments, requireements and effects of Option of conditions, determining the scope of its utilization needs serious attention. The question raised here is that is it possible to stipulate Option of conditions in marriage Contract in Sunni and Shia jurisprudence? Here are the two main ideas. A group of Shia and Sunni jurists believe that not only the Option of conditions but also the marriage Contract is void because the aforementioned Option is contrary to the requirement of the substance of Contract. Another group, pointing out some reasons such as illegality of these conditions, believes that the Option of conditions is void, not the marriage Contract. However, the main reason brought forth by the proponents of these ideas is the consensus on voidance. The first group believes that the consensus includes the Option of conditions and the Contract, and the second group limits it to the Option of conditions. This research shows that all of the reasons of above-mentioned ideas have problems and it is unable to prove the voidance of the marriage Contract and even the Option of conditions; in other words, both the marriage Contract and the Option of conditions are valid.

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    3
  • Pages: 

    131-158
Measures: 
  • Citations: 

    0
  • Views: 

    70
  • Downloads: 

    16
Abstract: 

Option belongs to the category of rights, not obligations, and therefore it can be terminated. The notion of terminating an Option before the Contract refers to eliminating the cause and necessity of the Option right, rather than nullifying it after its creation. There is uncertainty regarding the capability of stipulating the termination of an Option before the Contract in Imami jurisprudence and Iranian positive law. The stipulation for the termination of an Option before the Contract may take the form of a separate agreement regarding the Option, an independent condition concerning the Option, or even an incidental provision other than the Contract that includes the Option right. Based on the findings of the present descriptive-analytical study, considering the evolved jurisprudential developments, it is possible and acceptable to stipulate the termination of an Option before the Contract in each of the aforementioned forms in Imami jurisprudence and Iranian law. However, the existing civil law regulations in this regard are incomplete and ineffective, and their modification, from the perspective of a general definition of conditions that also encompasses pre-Contractual conditions, the acceptance of the stipulation for the termination of the Option before the Contract, the expression of various forms of its legal implications, and ultimately the determination of essential instances of Options, is necessary.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    3
  • Pages: 

    473-489
Measures: 
  • Citations: 

    0
  • Views: 

    1211
  • Downloads: 

    0
Abstract: 

In B. O. T Contract, construction of a project is relegated from the public sector to the private sector, so that after a certain period of operation of the project, it assigns the project to the public sector. The main objective of the parties is undoubtedly performing B. O. T content. However, the parties’ agreement, the public interest, breach of Contract, and temporary stoppage at B. O. T Contract may cause the interruption of relationships. In this regard, in the rules and regulations of the Islamic Republic of Iran, there are no clear and objective regulations for that. It is worth noting, for termination of the Contract various ways can be outlined the most important of which are Option of Condition, Termination and Dissolving Condition. In the present research, the authors try to analyze the legal texts and law scripts and explain the mentioned solutions about the termination of B. O. T Contract.

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