نوع مقاله : علمی پژوهشی
نویسنده
استادیار گروه حقوق و الهیات، واحد قائمشهر، دانشگاه آزاد اسلامی، قائمشهر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
One of the legal institutions similar to the peace contract is the amity contract, which is concluded in order to help a bankrupt businessman, and is known as "Selh al-Aludi" or friendly contract in some legal schools. The amity contract, which is based on tolerance and ignoring each other, plays an effective role in untangling some business matters, and it is similar to a peace agreement in terms of amity and kindness that is included in the nature of this agreement. The current research, which is organized with the aim of comparing these two contracts with each other in a descriptive-analytical method, aims to show the similarities and differences between them. The findings of the research indicate that these two institutions are fundamentally different from each other despite their many similarities; For example, in a peace contract, the lack of the condition of possession, such as the bankruptcy of the property, causes the contract to be ineffective, while in the Arafaqi contract, the bankruptcy of the merchant is one of the basic components of this contract; in addition, the issue of relegation and choice in the Arafaqi contract It is excluded, and unlike the peace agreement, it is always realized with the consent of the majority of creditors in a group with the approval of the court, by observing its own conditions and formalities.
کلیدواژهها [English]
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