♦ contract law
◊ xiyar
√ meaning
√ types
1.session of contracting
◊obligation
√meaning
1.obligation on the abstract world
Effort for understand
وبلاگ فقه و حقوق - weblog fegh & law
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
طبقه بندی موضوعی
-
Contract law
(۵)-
xiyar
(۳) -
oblligation
(۲)-
meaning
(۲)
-
-
-
terms
(۲) -
comparative
(۱)
بایگانی
- مرداد ۱۳۹۵ (۶)
- تیر ۱۳۹۵ (۶)
پربیننده ترین مطالب
پیوندها
♦ comparative
5.tradition: [sonnat] Arabic , ,means in fiqh: Action & hardware & Signature and stressed from the Prophet of Islam Muhammad (peace be upon him) and the Imams (peace be upon them)
3. islamic explicit text: Shia jurisprudence has four sources ,that Fiqh gain his scientific arguments from the resources. Contains:
Quran (book) - Hadis (traditions) - the principles of reason ( intellect) - the consensus of jurists ( Consensus)
Of these, only Quran and Hadith are verbal reasoning or in other words Islamic explicit text and consensus and intellect are rational arguments and do not follow a clear text.
4. Hadis: Arabic ,name ,means The words that have been narrated from the Prophet of Islam Muhammad (peace be upon him) and the Imams (peace be upon them)
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
such 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