نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری فقه و حقوق دانشگاه تهران، طلبه سطح چهار حوزه علمیه
2 دانشجو ارشد فقه و حقوق، دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The Iranian Civil Law has stipulated receipt as a condition for validity in certain legal acts, such as mortgage and endowment. This research, focusing on the loan contract, examines the legal status of receipt in this contract and, through an analysis of Imami jurisprudence alongside the legal systems of France and Egypt, ultimately adopts the theory that the loan contract is consensual in nature. The comparative study reveals that, within Imami jurisprudence, the prevailing view considers receipt a condition for the validity of a loan contract, whereas in French and Egyptian law, a loan is regarded as a consensual contract. In contrast, Iranian Civil Law characterizes the loan contract as possessory, despite its apparent sufficiency of offer and acceptance. The findings of this research demonstrate that the alleged consensus underlying the well-known jurisprudential view is flawed, and that such notoriety lacks sufficient legal authority in light of the clarity of its evidentiary basis. Moreover, contemporary commercial necessities and the imperative of convergence with advanced legal systems further underscore the need to move toward recognizing the consensual nature of the loan contract.
کلیدواژهها [English]
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