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The validity of the condition to forfeit of the option of inspection and incorrect description in contract is a point of dispute in legal thoughts and jurisprudential writings. According to the opinion of some legal writers and in some judicial opinions, the generality and application of Article 448 of the Civil Code, regarding the possibility of the condition of the forfeiture of all or some options in the contract, excludes the condition of the cancellation of the option of inspection. Also, in the opinion of some jurists, the condition of forfeiture of this option is invalid based on the rational rule of "prohibition of abrogation of a right that has not been created" and in the opinion of others, the condition of forfeiture of clause of violation of description option causes the transaction to be invalid. On the other hand, in some legal writings, the possibility of rescission of the choice of inspection is accepted by the condition of the contract, and also, some jurists have answered the objections of the opponents. The present research, which using a qualitative method and using library resources, tries to solve the problems related to the validity of the condition of the fall of the inspection option and the incorrect description, while analyzing the discussion and evaluating different points of view. The main hypothesis of this research is the invalidity of the belief in the nullity of the condition of the fall of the choice of inspection and the incorrect description: because the occurrence of confusion and ignorance in the transaction causes the invalidity of the contract. While the right to terminate the transaction arises with the proof of the choice of inspection and the violation of description. Therefore, the realization of the option of vision does not have an effect on the removal of uncertainty, so that when it falls, the transaction becomes unknown. In other words, knowledge about the transaction is not created by establish the option, so that the removal of the option causes the transaction to become unknown. Also, some attributes that are mentioned in the transaction do not have an effect on creating knowledge and removing ignorance about the transaction, rather, they are among the attributes of perfection that come only for the purpose of attracting interest in the transaction. Therefore, the basis of the choice of inspection and violation of description in contracts is not related to the issues of ignorance and uncertainty in the transaction, but rather, it is related to the issue of mistakes; A mistake in the sub-characteristics stipulated in the transaction or in the assumption that the customer did not see the merchandise and bought it based on the description, is effective in the contract, and if he wrongs, can cancel the transaction. Because, the purpose of establishing the option of inspecting and breach of description is to remove the loss caused by the noncompliance of the transaction with the desired characteristics of the contracting party, so that he is not bound to the contract against his will and satisfaction. Thus, in the assumption that there is a mistake in the description, there is sufficient knowledge about the transaction, but the description of the subject of the transaction does not match the intention of the parties and so, the injured party has the right to rescind the transaction. As a result, the means of the condition of the fall of inspection option and the violation of description is the waiver of the protection of the law to the possibility of termination of the contract by the party, and according to the fall condition, he is bound to not use the right of termination. Therefore, the condition of the fall of options leads to the consolidation of the transaction and agrees with the principle of the necessity of contracts (pacta sunt servanda). Accordingly, article 448 of the Civil Code, under the heading "On the Rules Concerning Options in General", stipulates: " It is possible for forfeit all the options as a condition inserted in the deed of sale". So, the condition for forfeit the inspection option and incorrect description in the contract is a valid condition. In addition, it should be said: the condition of the forfeit of inspection option in the contract is outside the scope of the rule of "prohibition of abrogation of the right before its creation". Because, according to that condition, in fact, the contract party oblige that not to use the option, without he has revoked his right of termination before it is created. However, if the cancellation of all options is stipulated in the transaction, the totality of that condition does not include the option of violation of the condition, including the description condition. Also, in the assumption that the contract explicitly stipulates that: "If the seller does not comply with the specifications mentioned in the contract, the buyer has the right to cancel", the condition of canceling all options is out of the option of violation of specifications. Indeed, in these cases, there is a conflict between the general and specific terms of the contract. Undoubtedly, the specific condition is excluded from the scope of the general terms of the contract. In other words, the option of violating the description condition as well as the explicit condition of the option of inspection, remain out of the scope of the general condition of fall of option. Nevertheless, it is proposed that Article 448 of the Civil Code be amended by the addition of a Note stating that: "The condition for forfeiture of all options including the option of condition violation, does not include, the condition of description". [ABSTRACT FROM AUTHOR]

This study dealt with the research of correct selling in the four schools of Islam because it is one of the most important human activities based on the use of the individual's skills, and it is one of the most important chapters on financial transactions. The research also aims to highlight the concept of sale and its legal ruling and explain its pillars and conditions according to the four imams. This research relies on the descriptive, comparative approach. The conclusion showed the most important results reached by the research. [ABSTRACT FROM AUTHOR]

The sale of dwellings in different stages of construction is, without a doubt, a current topic. A lot of investors (real estate promoters) operate on the real estate market from Romania, taking advantage, perhaps, of the existing legislative framework, which is too permissive, in our opinion, and which inevitably leads to unwanted effects both by clients and by the other participants in the instrumenting of sales documents (including sales promises), with the exception of investors, in the almost exclusive profit of whom the documents are concluded. For these reasons, through this study, we are trying to make more visible the activity of construction and of sale of dwellings not yet finished or in various stages of construction, with the hope that the legislative bodies of this country will notice the need for a special regulation in this field, as some European countries very close to Romania have already done, so that, in the end, the sale of dwellings that are in different stages of construction is recognized and regulated as such, as a distinct variety of sale, alongside the other varieties of sale currently regulated in the Civil Code through Title IX, Chapter I, Section 4, devoted to varieties of sale. [ABSTRACT FROM AUTHOR]

Cashew nuts, a plantation commodity from Indonesia, come with a high economic value. Cashew nut processing enterprises are crucial in elevating the value added, broadening the work field, and enhancing labor absorption. This research provides an analysis of the performance and marketing strategy of micro, small, and medium enterprises (MSMEs) of cashew nut processing in Muna. It was a case study using explorative, descriptive, and qualitative methods and involved an informant, i.e., the owner of CV Hukasari Semesta. Results demonstrated that CV Hukasari Semesta contributed to the household economic sector, especially in espousing the cashew nut supply chain, which consisted of cashew nut farmers as the key material suppliers, village collecting traders, transport workers, transportation entrepreneurs, processing workers, and store employees. In operating the cashew nut processing business, parties concerned applied strategies for staple ingredient procurement, processing process, management, packaging, capital procurement, more labor recruitment, processing technology procurement, product innovation by varying product packaging and flavors, market network expansion by distributing products to supermarkets and retailers, and market segmentation. Additionally, among the marketing strategies to escalate cashew nut processing MSMEs in Muna were improving product innovation by developing more attractive product packaging based on national standards, carrying out well-planned branding, developing digital-based product information and marketing systems, honing processing and marketing labor skills, increasing processing industrial tool technology, and bolstering business capital.

AbstractSales promotion is a common marketing approach used in the clothing industry to attract customers and increase sales, resulting in the effect of sales promotions on consumer purchasing behavior. Discounts, coupons, flash sales, and loyalty bonuses are all forms of sales promotions. Advertising and marketing of a product increase its reach to more people. The present study looks at how sales promotions influence customer purchasing behavior in the apparel business. The study investigates several sales promotion tactics to attract consumers that can influence consumer decisions in the apparel business. The methodology of the paper is based on a statistical analysis of close-ended questionnaire responses from 330 people aged 18–35 residing in India, as part of field research. The current study asked respondents questions on a 5-point Likert scale. The replies were evaluated using statistical tools from Microsoft, such as Excel, and IBM's Statistical Package for Social Science, as well as statistical techniques such as Regression and Pearson Correlation. According to the study’s findings, sales promotions have a positive influence on customer purchase decisions in India’s apparel industry. Discounts and coupons add up to savings and have a favorable impact on customer purchasing patterns.

The law distinguishes between the concepts of "thing" and "money." While the concept of "thing" refers to the object of a right, whether physical or moral, money is considered every right that possesses a monetary value. The Tunisian legislator defines money in the first article of the real rights code as: "Everything that is not outside the transaction by nature or by law and can be the subject of a right with a monetary value." The second article of the same code adds that "Money is divided into real estate and movable property." The importance of studying the differences between real estate and movable property in the Tunisian Civil law, lies in analyzing the differences between the rules governing them, whether substantively or procedurally. The research aims to enrich legal knowledge by providing researchers with a study of the provisions of Tunisian law and its applications, which may serve as a starting point for comparative studies. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Agroindustrial Technology / Jurnal Teknologi Industri Pertanian is the property of IPB University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article considers enslaved mothers' emotional responses to the separation of their children. While slavery studies scholars have discussed the individual impact sales had on enslaved people, and historians of emotion have explored white communities' understandings of both white maternal love and enslaved emotion, few studies have explored how events such as sale shaped enslaved women's own emotional understandings, practices, experiences and expressions. Guided by enslaved women's own testimony, this article argues that enslaved women created their own, gendered, emotional worlds in response to their experiences of sale – their own conceptions of love and grief, ways of expressing their emotion, and collective emotional practices in the aftermath of separation. Not only individual responses to emotional pain, their collective emotional practices must also be viewed as acts of refusal to submit to slave trading practices, white emotional standards and racialized emotional ideologies. Through loving and grieving actively, enslaved women maintained their maternal bonds in the face of both practical and ideological attempts to decimate them. [ABSTRACT FROM AUTHOR]

This article explains the sale of Saftji and its rulings according to Islam. Human beings need someone in their lives to help them and solve their issues because human life is not free from dealing with others. Since the life of a human is civil and social, therefore he needs to maintain relations with others to fulfill social needs. Islamic law also considers the interests of humans and permits all those things that bring them benefit and free them from hardships and troubles, This research was conducted descriptively using the bibliographic approach, The research problem arises from the fact that the bill of exchange is a new form of transaction that most Muslims are ignorant of its legal ruling, and they face problems from a legal standpoint in many aspects, Saftajah means a book or a stamped sheet that a person writes to his representative or creditor in another country and obligates the person to provide him goods/wealth who has given him the loan. And it is similar to a loan or transfer. And this has a special importance according to Sharia, to understand whether saftajah is halal or haram, the jurists have different opinions regarding its permissibility and prohibition. And in terms of protecting money and profits, is there protection for both sides of the sale of goods and profits, or is there a loss and loss of money for both parties? Purpose of the study Identifying the sale of Saftja and understanding its types and rulings and refraining from it if there is a Shariah prohibition in it and performing it if there is no prohibition in it and understanding its permissibility and impermissibility, Importance of the study Since people face this kind of sale in their commercial and non-commercial dealings, borrow from some and lend to others, therefore, they become the borrowers and lenders at the same time. If the law forbids not paying the dues without paying the original debt, then there would be a problem for people. Therefore, in order not to face hardships and make it easy for the lender and the borrower, Islamic Sharia has made it permissible to assign his borrower to his lender and it will help others as well, At the end of the articles, we have recommended the application of the rules of Islamic Sharia in various areas of life and the need for research for contemporary financial transactions in the light of Islam. Special recommendations have been provided regarding the daily transactions of people such as saftajah sale because many people deal with it. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores developments in Justinian's legislation on church property as evidence of economic strain during the plague of the early 540s. It argues that changes to such laws that have recently featured in scholarly literature, namely the permission introduced by Novel 120 for the sale and emphyteutic lease of church-owned immovable property, were merely incremental and provide evidence for a plague-induced crisis that is at best equivocal. Other features of this same law that have not yet been adduced in scholarly literature on plague, however, potentially shed additional light on the consequences of plague for churches and related institutions. More generally, it is intended that this study make two methodological contributions to current discussions of the so-called Justinianic plague: first by demonstrating the limited utility of calculating rates of new laws per year or per decade, and second by showing the importance of contextualizing Justinian's Novels not just in light of contemporaneous measures but also in light of the diachronic development of the area of law of which they form part. [ABSTRACT FROM AUTHOR]

Copyright of Opole Studies in Administration & Law (OSAO) / Opolskie Studia Administracyjno-Prawne (OSAP) is the property of University of Opole / Uniwersytet Opolski and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article addresses the issue of sale with option of redemption, a variety of sale that was reintroduced among the texts of the Civil Code by the current legislator and which has long been a reason of dispute between theorists and practitioners of law. Thus, we will try to highlight some of the most important aspects regarding such a sale, both from the perspective of national legislation and referring to the legislation of other states in the European space.

The subject of the sale of traction is one of the new issues in some aspects and forms that have become popular in the modern era. This type of sale has been mentioned in ancient books and sources in general, and in recent times various articles and letters have been written about it, but some of these letters and articles suffer from two things. The first matter: lengthening, and the second being brevity. Therefore, I thought it was appropriate to write in this article an intermediate article between the two previous matters referred to. This article contained moderate writing, neither boring length nor disruptive abbreviation, as I mentioned the importance of this topic and the reasons for choosing it, and then touched on a simple introduction about Sale, then I mentioned a definition of hire sale, and I also mentioned the reason for calling this type of hire sale, then I mentioned the forms of hire sale according to the four jurisprudential schools of thought (Hanafi, Maliki, Shafi'i, Hanbali), and a statement of their opinions and theories regarding the permissibility and lack of neighborliness according to some, and the evidence for each statement, and the issue was followed. In the most correct statement, at the end of the article I touched on some contemporary applications of the sale of rent that are reality and exist in the present era, with an explanation of the ruling on each issue and application and the permissibility and impermissibility of each aspect, mentioning the sources and references that are relevant to the topic, and I appended the article with the results and an index of the list of sources and references that I benefited from during the course of the article. search. God bless and Pacific to the straight path. [ABSTRACT FROM AUTHOR]

Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Summa, Animali da Compagnia is the property of Point Veterinaire Italie s.r.l. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Yıldırım Beyazıt Law Review (YBLR) is the property of Ankara Yildirim Beyazit University Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper examines the legal status and treatment of crypto assets in the context of contractual obligations. The analysis begins by considering the evolution from cryptocurrencies to crypto-goods, with special reference to definitions and terms used in the context of private law transactions. Then, the author focuses on the contractual parties under the EU Regulation on Markets in Crypto Asset (MiCa, 2023) and the Serbian Digital Assets Act (DA Act, 2020), where crypto-assets are predominantly treated as investment assets. Special attention is given to e-money tokens in the context of monetary obligations, as well as to Non-fungible tokens (NFTs) that have not yet been covered by regulations. The paper also refers to the contracting of crypto services, exploring how contractual relationships are formed and regulated, and elaborating on legal transactions based on contracts within the blockchain environment and tokenization. In conclusion, the paper draws attention to the problematic terminology used in the Serbian Digital Assets Act (2020), stating that the term "digital asset" (srb. "digitalna imovina") is too broad and inadequate, and proposes the term "crypto asset" (srb. "kripto dobro") which is defined through two key elements: the private nature of the good and the use of cryptography within the Digital Ledger Technology (DLT). This paper correlates the general theory of contract law and nominate contracts when the contractor's performance is in crypto. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Tikrit University for Humanities is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines in detail the methods of involving minors in illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues, as an element of the forensic characteristics of the specified criminal offense. The provisions of Article 2 were analyzed. 307 of the Criminal Code of Ukraine, which provides for illegal production, manufacture, acquisition, storage, transportation or forwarding for the purpose of sale, as well as illegal sale of narcotic drugs, psychotropic substances or their analogues committed with the involvement of a minor. Attention is drawn to the fact that all the variety of ways of involving a minor in illegal activities can be combined into two main groups: related and unrelated to the use of violence or the threat of its use. The most common non-violent methods of committing are revealed, which include: a promise, deception, clarification, offer, persuasion, a personal example of the contortionist, etc. The results of the study of the materials of criminal proceedings show that about 88 % of involvements were committed by offering, persuading, explaining, requesting and persuading to commit a criminal offense. The most common non-violent way of involving minors in illegal activities is an offer to commit a criminal offense. However, attention is drawn to the fact that the establishment of only one proposal by an adult to commit a criminal offense is not always sufficient to recognize it as a method of entrapment. Separate attention is paid to preparatory actions regarding the involvement of a minor in committing the actions provided for in Art. 307 of the Criminal Code of Ukraine. Such actions are diverse, but the following should be considered the most common: 1) search for children, before committing illegal actions, their selection, manifestation of friendly relations (70% of criminal proceedings); 2) creating a vested interest (ease of earning, raising authority) in a minor in illegal activities with drugs (67 %); 3) facilitating the behavior of a minor in which he loses the ability to control his actions (drinking alcoholic beverages, using narcotics, psychotropic substances), which creates psychological and physical dependence (60 %); 4) familiarization of minors with the methods of committing, distribution of roles between accomplices, planning to hide traces of a criminal offense (52 %). [ABSTRACT FROM AUTHOR]

Copyright of Adab Al-Kufa is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The research included an investigation of a part of the book "Sabil Al-Rashad Explanation of Al-Irshad" by Imam Abdullah bin Ahmed Bazara, on the book "Al-Irshad" by Imam Ismail Al-Maqri, and dealt with: the chapter on selling. Introducing the author of the text, introducing the commentator of the text, and the second dealt with the verified book, then the results, the most important of which are: the book's inclusion of many chapters of jurisprudence despite its brevity, and it is also not valid to sell unclean things such as dogs and pigs. It is not valid to sell a loose bird other than bees; Because the bees are not able to sense it, and as for the bees outside the cage, it is valid if its mother is in it. And invalidates a curious disposal in the eye of someone else and in the responsibility of someone else, so if he sells someone else's money, or buys someone else's money, and says: I bought for a thousand in his debt without his permission, the sale is cancelled. And it is valid with the seller's comment on the will of the purchaser, or vice versa. The purchaser gets one-third of the slave, which is equal to one hundred by one-third of the price, which is thirty-three or one-third, so he gets favoritism with sixty-six and two-thirds, which is one-third of two hundred, and the heirs of the slave are left with two-thirds equal to two hundred. Thirty-three and a third, which is double what was missed by favoritism. [ABSTRACT FROM AUTHOR]

The increase in the number of creative industry entrepreneurs on the scale of UMKMs in Indonesia must be supported by several factors so that these businesses can develop. These factors range from business conditions, environment, facilities, and infrastructure, to technology. In terms of the use of technology, UMKM business actors can use it in various fields including the procurement of raw materials, the production process to the marketing and promotion stages of the products produced. This analysis aims to determine the weight the importance of the criteria to create an element of UMKM sales volume. In addition, it also helps UMKM actors in making decisions in choosing and using which alternative best suits their needs. Based on the results of the analysis of this study, it can be concluded that alternative social media is a priority criterion in increasing the sales volume of UMKM actors. Based on the overall average weight value, the alternative for social media is to expand the market by increasing the intensity of promotions with various social media. Such as WhatsApp Business, Instagram, Facebook, YouTube, and others to increase product sales for UMKM actors.

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In random contracts one of the parties, or both of them reciprocally, undertake to give or do something in consideration for something that the other party is to give or do in the event of occurrence of an uncertain event, or an event which shall take place in an unspecified time. This contractual category is unprecedented in Roman law and in Spanish historical law, being relatively new. One of the first authors who refers to random contracts is Samuel Pufendorf, and later they are consolidated with Wolff and the French Domat and Pothier, being collected the category of the random contract in the Napoleon Code, and moving from there to our Civil Code. [ABSTRACT FROM AUTHOR]

Introduction: In recent years there has been public speculation about the breed, destination and number of horses being sold by public auction at livestock saleyards in Australia. Currently, there is little objective information available about the breed and condition of horses sold through this medium. With little publicly available objective data on these horses, the horse industry has been left vulnerable to misinformation. Accurate information regarding the composition and condition of horses attending saleyards is important to identify and address any welfare issues and to inform public debate. Method: Data were collected on 312 horses and ponies presented for sale through the Pakenham Horse Sales between July 2019 and March 2020. All horses and ponies were inspected at the saleyards and information on breed, age, body condition score (BCS), purchaser and sale price were recorded as the animals were auctioned. Results: Crossbred horses and ponies were the largest groups presented for sale. Ponies were more likely to be sold to private buyers. Quarter horses and riding ponies were as likely to be sent to slaughter as thoroughbreds and standardbreds. Entire males and females sold for lower prices than geldings. Most horses and ponies (64%) were sold to private buyers. More than three‐quarters (77%) of horses and ponies presented for sale had a BCS greater than or equal to three out of five. Conclusion: This pilot study challenges perceptions that thoroughbreds are the primary breed to attend public sales or that animals attending the sales are in poor condition. [ABSTRACT FROM AUTHOR]

There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer. This article is prepared with the aim of analyzing the implications of seven hadiths about considering the couple as a customer and its consequences in the opinion of Imami jurists, regardless of the strength or weakness of the chain of transmission. The two main questions are as follows: Has considering the couple as a customer in the Shia hadiths influenced the opinions of Imami jurists? Is the application of the word "customer" for a couple in the phrase "He perchase her for the highest price" a real application? In a descriptive and analytical research, the author has found these answers that the early emergence of hadiths suggests that the marriage contract should be an exchange and the couple should be a customer. This apparent indication has influenced some opinions of jurists, and has resulted in jurisprudential issues such as: the permissibility of man's looking in proposing ceremony, the right to imprison the wife, etc. According to the author, marriage is not a sale, and the husband is not a real customer, and the financial obligations of the couple, such as dowry, are a secondary aspect of the marriage contract, and comments such as "He perchase her for the highest price" and "hired as amother" and "because the woman is the seller of soul" in the hadiths are metaphors. [ABSTRACT FROM AUTHOR]

This article explores the symbolism of plastic pollution. Plastic and microplastic particles are now found everywhere - in the Arctic, in deep ocean trenches, in human organs - and plastic accumulates in our oceans forming gigantic spiral-shaped garbage patches. Both spiral symbolism and E.A. Poe's 'Maelström' are suggestive of a necessary fundamental ecological-psychological transformation of our one-sidedly logos-dominated civilization. Plastic, the author argues, has become a carrier of our longing for immortality: in plastic, humanity has synthesized an 'immortal', a virtually non-biodegradable substance. To avert what Jung called a 'catastrophic enantiodromia', humanity must relinquish its ecologically and psychologically detrimental consumerist mentality and jump into the unknown towards a less resource-intensive lifestyle. The author's dream about sea salt and spiral-shaped marine animals is interpreted as a compensatory urge from the collective unconscious for humanity to reconnect to inner and outer nature by cultivating the neglected eros principle - feeling-based relatedness - as a felt realization that we are part of nature on which we depend. Instead of succumbing to paralyzing fear or denial, the author argues for facing the abyss of our ecological-psychological crisis and acting, informed by science. For ecological-psychological transformation, Jungian psychology can play an important role. [ABSTRACT FROM AUTHOR]

The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (Bai' al-Gharar). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method.

İnsanın yeryüzüne gönderildiği andan itibaren mukaddes bir coğrafya kabul edilen Harem bölgesi, Kâbe’nin Hz. İbrâhim tarafından inşasıyla birlikte dini yaşantıda daha mühim bir yer bulmuştur. Son peygamber Hz. Muhammed’in bu topraklardan seçilmesi ve Kur’an’ın diliyle efdaliyetine işaret edilmesi harem bölgesinin kutsiyetini perçinlemiştir. Bu saydıklarımızın yanısıra Hz. Peygamber’e dayandırılan ciddi bir hadis müktesebatı da bulunmaktadır. Mekke ile ilgili rivayet malzemelerine bakıldığında bir kısmının bölgenin efdaliyetine ilişkin olduğu gözlemlenirken diğer bir kısmının ise Mekke’ye özgü bir takım uygulamaları barındırdığı söylenebilir. Öyle ki bölgeye has uygulamalar süreç içerisinde yalnızca Mekke için geçerli olan bir fıkıh literatürü doğmasına da vesile olmuştur. Söz konusu literatüre konu olan hususlardan birisi de Mekke evlerinin satışı ve kiralanmasının caiz olup olmaması ile ilgilidir. Kaynaklarda bu konuya ilişkin cevaz ve nehy ifade etmek üzere iki farklı rivayet grubu yer almaktadır. Konuyla ilgili birbirine zıt hususların hadis diliyle aktarılmış olması müctehid imamlar arasında da bazı değişik yorum ve yaklaşımlara sebebiyet vermiştir. Mekke evleri çerçevesinde zuhur eden bu tartışmanın boyutlarını sadece hadisler oluşturmamaktadır. Mescid-i Harâm’ın orada bulunan ve bulunmayan bütün Müslümanlar nazarında söz konusu olan statüsü ve bu statüye işaret eden Hacc sûresinin yirmi beşinci âyeti de anlaşmazlıkların diğer bir yüzünü teşkil etmektedir. Hudeybiye Antlaşması sonrasında indiği kabul gören Hac Suresi 25. âyet-i kerime, Kâbe’nin bütün Müslümanların ortak değeri olduğu mesajını verirken Mescid-i Harâm etrafında bulunan evler ile ilgili fıkhî değerlendirmelerdeki farklılıkların derinleşmesine sebep olmuştur. Mekke’nin fethedilme şekli konusunda ilim ehli arasındaki anlayış farklılığı da konunun ayrı bir yüzünü teşkil etmektedir.Ortaya koyduğumuz bu gerekçeler çerçevesinde Ebû Hanîfe, İmam-ı Mâlik ve bir görüşüne göre Ahmed b. Hanbel tarafından söz konusu evler üzerinden hiçbir şekilde menfaat elde edilemeyeceğinin savunulması karşısında İmam-ı Şafiî’nin başını çektiği cephe tarafından bunun aksi dillendirilmiştir.Bu makale, yukarıda da zikri geçtiği üzere Mekke evlerinin satışı ve kiralanması konusundaki hadislerin kaynak değeri ve yorumlanmasını konu edinmektedir. Çalışma, ilgili rivayetlerin dört büyük fıkıh mezhebi tarafından yorumlanması ile sınırlandırılmıştır. Bu çalışma ile maksadımız hadislerin yorumlanmasında mezhepler arası farklılığı gözler önüne sermektedir. Her fırkanın kendisine ait bir düşünce sistematiği ve literatür birikimi olabilmektedir. Bu müktesebat farklılığı neticesinde aynı malzeme üzerinden farklı sonuçlara ulaşmaları son derece olağandır. Bu durum Mekke evlerinin satışı ve kiralanması ile ilgili fıkhi çıkarımlarda da kendisini göstermektedir. Burada dikkat çekici olan imam Şâfiî dışında üç mezhep imamının Mekke evlerinin satışı ve kiralamasını câiz görmemesidir. Çünkü âlimler zaman içerisinde evlerin fâhiş fiyatlar ile satış ve kiralaması neticesinde hac ibadetinin doğal olarak engellenebileceği endişesini taşımaktadırlar. Bu güne gelindiğinde Mezhep imamlarının söz konusu endişesini haklı çıkaran birtakım sıkıntıların varlığını görmemek mümkün değildir. Üstelik bu durum sadece konaklama imkânı sağlayan evlerle sınırlı kalmayarak genel anlamda hac ibadeti ile ilgili her hususta kendini göstermektedir. Öyleki bu sıkıntılar talep edilen fâhiş fiyatlar eliyle müminleri ömürleri buyunca farz olan hac ibadetinden mahrum edebilecek bir seviyede kendini gösterebilmektedir. Bu çalışmamızda, adeta multimilyoner ibadetine dönüşme sürecine giren ve yüksek karlar elde etme aracı olarak kullanılan uygulamaların aksine bütün Müslümanların ibadetlerini eşit bir şekilde yapabilecekleri alternatif bir model arama konusunda farkındalık oluşturmayı amaçlamaktayız. Aynı şekilde hadislerin yorumlanmasına dikkat çekici bir örnek üzerinden bakma imkânı sağladığımız bu çalışmamız, rivayetlerin doğurabileceği sonuçları dikkate alarak yorumlanması gerektiği konusunda bir fikir vermesi bakımından da önem arz etmektedir.

This essay compares patterns in Ḥanafī and Mālikī rulings about marital annulments and shows how they are connected to differences in how these two schools treated the relationships between marriage, sales, and worship law. Drawing on a variety of jurisprudential texts from the 5th/11th to the 9th/15th centuries, including Ibn Rushd's (d. 595/1198) Bidāyat al-Mujtahid and Burhān al-Dīn al-Farghānī al-Marghīnānī's (d. 593/1197) al-Hidāyah , we first show that Ḥanafī and Mālikī rulings on annulments were consistently inconsistent: when they differed, Mālikīs consistently ruled to permit annulments that Ḥanafīs prohibited. Focusing then on annulments based on defects in dower and maintenance, we show how Mālikī rulings manifest a comparatively stronger emphasis on the analogy between marriage and sale, while Ḥanafī rulings manifest a comparatively stronger emphasis on the analogy between marriage and worship. Finally, we discuss how these differences in emphases may help explain the schools' other divergent rulings on annulments. [ABSTRACT FROM AUTHOR]

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