نوع مقاله : مقاله پژوهشی
نویسنده
استادیار و عضو هیأت علمی گروه حقوق، دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
There is disagreement as to the acceptance or rejection of contractual liability in Islamic jurisprudence. Like many other topics, there could not be found a distinct discussion regarding the question at hand in Islamic jurisprudence, and materials must be attracted from here and there.
This article deals with a case study of this topic in the contract of muzara’ah (agricultural partnership). Thus, after a survey on the nature of this contract, it goes on studying the breach of contract by cultivator and agent separately. From this study, it could be concluded that, as against the famous view, acceptance of damages for breach of contract is favored by some Imamiah jurists and could be supported.
کلیدواژهها [English]
