Effort for understand

وبلاگ فقه و حقوق - weblog fegh & law

Effort for understand

وبلاگ فقه و حقوق - weblog fegh & law

Effort for understand

One way to understand a science is a known experts and scholars of science
and
We should know how important books written in the science, which is also referred
Science fegh - the fegh written which in that has been compiled books
And the books are still available- has hundred year old history
When eleven centuries ago
Without interruption
fegh teaching centers have been established
Teachers were trained students
The student have been trained other students
Until the present
And is not cut off the relationship Master and Disciples
And that's just in the Muslim world
that science Are vital records tandem and regular thousand years and more,
That hasn't been a pause in between them
وَ جَعَلْنَا مِن بَیْنِ أَیْدِیهِمْ سَدّاً وَمِنْ خَلْفِهِمْ سَدّاً فَأَغْشَیْنَاهُمْ فَهُمْ لَا یُبْصِرُونَ

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implied term or xiyar

so,until now
We learned about the xiyar
But for more accurate recognition
it is necessary that we compare
institution of xiyar with similar institutions in Common Law
And it is implied term.

In the common law
If the condition is expressed in the form of words
express terms called
But
If the condition is not explicit
obtained by the legal interpretation of the contract

implied term called

If the norm is given Conditions in the contract
Without the parties have stipulated to condition
It is called
implied term by custom
If the rule of law to be imposed contract
Implied term by law called
Sometimes the court's complete contract
That is implied term by court

It seams
Like a train going back and forth between the two cities
xiyar traffic between
Implied term by custom  and implied term by law
Some terms have been taken from customs and people trading
As xiyar caused Defect

And some other conditions
  No exact position of the common people
However, are imposed on contract
  because
 existence Islamic explicit text that valid for Shiite scholars
s
uch as xiyar session of contract

Such as legal text which has given a series of conditions

Taken from the book implied term written By Hossein Symayy Sarraf

click for see text farsi

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