نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری فقه و حقوق دانشگاه تهران، طلبه سطح چهار حوزه علمیه
2 دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The Iranian civil law has stipulated "receipt" as a condition for validity in some legal acts such as mortgage and endowment. This research, focusing on the loan contract, has analyzed the position of receipt in this contract and, by examining the views of Imami jurisprudence and the legal systems of France and Egypt, has finally chosen the theory of the loan contract being consensual. The comparative study shows that in Imami jurisprudence, it is well-known that receipt is a condition for the validity of a loan contract; while in French and Egyptian law, a loan is considered a consensual contract. On the other hand, the Iranian civil law also defines a loan contract as possessory, and appears in the sufficiency of offer and acceptance. The results of this research indicate that the claim of consensus in the well-known jurisprudential theory is distorted and the aforementioned reputation also lacks the necessary validity, given the obviousness of the documentation. Also, the new necessities of business and convergence with advanced legal systems reinforce the need to tend towards consensuality in considering a loan contract. given the obviousness of the documentation. Also, the new necessities of business and convergence with advanced legal systems reinforce the need to tend towards consensuality in considering a loan contract.
کلیدواژهها [English]
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