Comparative study of pre-sale contract with emphasis on Islamic jurisprudence

Ali Esfehanian Semnani

Ali Esfehanian Semnani Islamic Azad University -Tehran- Iran.

Keywords: contract, commitment to work, contract for building, prepayment.

Abstract

With the advancement and industrialization of human societies, emerging contracts such as contracts for the sale of buildings with their own conditions and works, along with issues of ambiguity, have attracted the attention of lawyers. In this type of contract, the vendor pledges to build and deliver the building against a certain amount of money that is levied in installment from the pre-buyer, in accordance with the terms of the contract and within the specified deadline. The nature of the contract in Islamic jurisprudence has not been discussed in isolation. However, it can be said that in terms of Islamic law, the proper legal form for expressing the nature of the contract is the form of "dispossessed extinction", which has material and material conditions and, in the absence of formal and material conditions, has a guarantee of execution. In this article, the nature of the contract for the pre-sale of the building is examined from the point of view of Islamic law and refers to the rights of one of the western countries.

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Author Biography

Ali Esfehanian Semnani, Islamic Azad University -Tehran- Iran.

Ph.D. student of department of jurisprudence and legal practices the Faculty of Theology North Tehran Branch- Islamic Azad University -Tehran- Iran.

References

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