نوع مقاله : علمی-تخصصی
نویسنده
دانشجوی دکتری جامعه المصطفی العالمیه، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The guarantee in kind or price plays an important role in the parties entering into the contract in case of termination or non-fulfillment of the obligation in establishing the rights of the parties, but in the circumstances, this type of guarantee is ineffective in practice due to inflation and decrease in property value and causes the termination of the contract in favor of It turns to one side. The enforceable guarantee that is provided in jurisprudence and legal rights in case of breach of contract or non-fulfillment of obligations is different that the common theory in jurisprudence is payment like or price, which is not a way of justice and respect for Muslim property in chaotic economic conditions. The common approach in subject rights is to prove the exchange value or guarantee of property. The tone of hadiths and jurisprudential-legal rules is applicable in guarantee. The interpretation of most jurists from the narrative and jurisprudential texts is that the guarantee is like and the price, but this research, by rejecting the common arguments of the jurists who do not have a strong and clear reason except the application of the reasons for the guarantee, seeks to prove the tax guarantee in cases of debt payment, dowry. , bank deposits, rejection of trust and breach of contract or non-fulfillment of obligations on time.
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