نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری، دانشگاه قم، ایران
2 استادیار، جامعه المصطفی العالمیه، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the case where the buyer has not seen the property and has purchased it only according to its specification, and also in the case where the buyer is confident of his previous observation and purchases a property, and then it is proved that the property has not the aforesaid specifications, would he have the option of cancellation? In addition, in the case where the customer finds the object of sale against the aforesaid specifications and it is stipulated in the contract that in the case of any inconsistency another object of sale must be given to the customer, is the transaction correct or not? Referring to the jurisprudential books and summing up the views of the jurisprudents, this article aims to answer this question using a descriptive-analytical method of research. The jurisprudents hold that conditioning in this problem takes two forms; it is whether the condition of result or the condition of act. Any one of these conditions or substitutes stands against the substituted object, or the substitute stands against the price. It seems that the condition of substitution (ibdal) in the four cases is not valid, the most important reason of which is qharar (deceit) which causes harm.
کلیدواژهها [English]
قرآن کریم.
