نوع مقاله : مقاله پژوهشی
1 استادیار، گروه فقه و حقوق امامیه، دانشگاه مذاهب اسلامی تهران، تهران، ایران.
2 دکتری، رشته فقه و حقوق خصوصی، دانشگاه خوارزمی تهران، تهران، ایران.
عنوان مقاله [English]
Failure to separate real from credit concepts is a jurisprudential challenge that sometimes causes wrong perceptions and undesirable practical consequences in the field of transactions. Since the matter contrary to the nature of the contract cannot be forged and is not stipulated in the contract, the binding nature of the rules governing the real concepts in credit is taken for granted and the approved laws function as jurisprudential rulings. Therefore, it is necessary to recognize these concepts first; then the jurisprudential inferences based on current principles in real concepts to be analyzed and scholarly criticized. Considering the validity of most jurisprudential and legal concepts, some apparently certain propositions are vulnerable and their negation would lead to results that are more compatible with common sense. The current research, which was carried out with a descriptive-analytical method and reliance on library sources, shows that no credit concept has a real and self-evident relationship with a real concept or with another credit concept.