نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشآموخته کارشناسی ارشد فقه و حقوق خصوصی، دانشگاه شهید مطهری، تهران، ایران.
2 دانشیار گروه فقه و حقوق خصوصی، دانشگاه شهید مطهری، تهران، ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and there is no obstacle according to Sharia law to it. The practice has some effects and it is necessary to identify these effects in order to determine the type of relationship of the transactors and arbitration between them. Guarantee on damage or loss of the commodity is one of the guarantees that in view of some jurists is the owner’s obligation, while some consider it that of the receiver. However, since the owner delivers the commodity to the other party upon his will, it is unlikely to consider the receiver responsible unless in wasting commodity or in encroachment. Therefore, guaranteeing the commodity in case of damage or loss is on the owner.
Upon evaluation of various views on the nature and impact of the said institution, in this paper all aforesaid views can be taken as one. In this case, the probable problems for the traders in this area will be removed and the ground will be prepared for a fair arbitration between them.
کلیدواژهها English
