The principles governing the transaction with the right of restitution and conditional sale in jurisprudence, Iranian and Egyptian law

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor of Islamic Studies, Department of Law, Islamic Azad University of Iran

2 PhD student of Islamic Azad University, Gorgan branch

3 Assistant Professor of Payam Noor University, Gorgan branch

Abstract

Contingent sale, right of return and right of return are entities that have different and common effects in transactions, so that conditional sale and right of return are used in a single concept in registration rights, and in some cases they have the same nature as well as common foundations. This issue is evident in jurisprudence texts and legal regulations, and in Iranian law, the acceptance of this kind of sale has become accepted, and it seems that it is not correct to equate the concept of transaction with the right of restitution and conditional sale, considering the generality and particularity of absoluteness. In Egyptian law (as opposed to Iranian law), the opinion of most Egyptian jurists was that since the customer does not become the owner of the seller, he should reject it, and the seller has the right to claim the seller without observing the period of the right of restitution. The purpose of the upcoming article is to examine the principles governing the transaction with the right of restitution and conditional sale in jurisprudence, the laws of Iran and Egypt in an analytical-descriptive method by applying the laws of Iran and Egypt, and we came to the conclusion that the principles governing the transaction with the right of restitution and sale The condition is different in both laws, and the basis of the transaction with the right of restitution and sale is the condition in Iranian jurisprudence and law according to Imami jurisprudence and in Egyptian jurisprudence and law, it is formed based on Hanafi jurisprudence, the main foundations of which are verses, hadiths, hadiths, tradition and reason. which is crystallized in the heart of legal provisions

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Main Subjects

Journal of Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 21 March 2025

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History

  • Receive Date: 06 October 2023
  • Revise Date: 02 February 2024
  • Accept Date: 11 March 2024

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