Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions
Assistant professor, department of law, faculty of literature and Humanities, university of Birjand, Birjand, Iran.
10.22034/mfu.2024.139930.1347
Abstract
"Priceless sale" should be considered invalid because the condition that constitutes the essence of the contract does not exist. On the other hand, as a result of preference of the Internal Volition over the external volition, if it is possible to transfer the "Priceless sale" to another valid contract, it can be accepted that the contract that is the subject of the lawsuit is not a void sale contract; rather, it will be an another correct contract. In a similar situation the seller signs the price receipt without receiving it or accepts that the price has been received in cash. There is no difference of opinion regarding the preference of the Internal or external volition in the latter case, but it is debatable whether it is possible to consider "false acknowledgment of receiving the price" as the debtor's acquittal or the creditor is entitled to his acknowledgment by proving his false confession. In this article, First, it is separated between the above two situations and various opinions has been examined and analyzed descriptively, then stated in the first situation, in doubt between whether to consider the concluded contract as invalid or to consider it as valid contract, if the second contract is a specific contract, it can be considered valid by relying on the real Internal Volition. In the second situation, the false confession or giving a formal receipt cannot be considered as a reason for invalidating the contract unless the claimant can prove that the contract is formal
Razavi, S. M. (2024). Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions. Comparative Studies on the Schools of
Jurisprudence and its Principles, 7(1), -. doi: 10.22034/mfu.2024.139930.1347
MLA
seyyed Mohammad Razavi. "Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions". Comparative Studies on the Schools of
Jurisprudence and its Principles, 7, 1, 2024, -. doi: 10.22034/mfu.2024.139930.1347
HARVARD
Razavi, S. M. (2024). 'Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions', Comparative Studies on the Schools of
Jurisprudence and its Principles, 7(1), pp. -. doi: 10.22034/mfu.2024.139930.1347
VANCOUVER
Razavi, S. M. Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions. Comparative Studies on the Schools of
Jurisprudence and its Principles, 2024; 7(1): -. doi: 10.22034/mfu.2024.139930.1347
)