نویسنده
استادیار گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Dispute between contractor and broker over “the type and attribute of the wage” in contract leads to a controversy which many Imamiehreligious experts believe that has no result but “bilateral oath-taking”. Most important criteria of selecting bilateral oath-taking are: simultaneous positioning of contractor and broker in accuser and denier position, lack of common ground between the two sides as well as lack of any preferred choice.
After bilateral oath-taking, due to the bind between contract and opposed claims, the two sides lose their legitimation and after breaking up the contract, the only way to prevent rights of the two sides from being wasted is to pay the quantum meruit that due to the economic value of the task commanded by the contractor, he has to pay it.
Investigating this issue in order to explain the causes of choosing bilateral oath-taking is the focus of this study.
کلیدواژهها [English]
