نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشکدة حقوق و علوم اجتماعی دانشگاه تبریز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The option of delayed payment of price is one of the factors of rescission of the types of sale. Although provisions of sale in the case of its delayed payment of price has predicted in 402 to 409 articles of civil law, but there are different inconsistent theories in Islamic law for the validity and Nullity of Sale in delayed payment of price and different evidences justify each theory. Regretfully mentioned the theories have not been studied by researchers, so that it can be seen a scientific gap in this issue. Hence the present paper has studied the theories of validity and nullity of sale in delayed payment of price and their evidences in a descriptive method and it has also shown the conformity and segregation of provisions of civil law with these theories and their evidences and it has found the validity of sale if there is delayed payment of price complying with the well-known view of jurisprudents and provisions of civil law and it has announced the view of jurisprudents which is not well-known in the nullity of sale unjustified, if there is delayed payment of price.
کلیدواژهها [English]
