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The Concept and Essentials of Unstable Ownership and Its Effects in Imami Jurisprudence and Iranian Law.

Authors :
Vakili Moghadam, Mohammad Hosein
Source :
Manchester Journal of Transnational Islamic Law & Practice; 2024, Vol. 20 Issue 3, p1-18, 18p
Publication Year :
2024

Abstract

Contracts alter legal relationships between parties based on mutual agreement and law. One of the most significant impacts of ownership transfer contracts is immediate transfer of ownership to the other party. However, in a few exceptional cases, such as suspended conditions, time options and conditional sales, the transfer of ownership begins but remains fragile and unstable. The unique nature of legal relationships in these cases requires individual analysis. Ownership should not be disregarded, and despite its instability, ownership and its benefits must be explained clearly. This article examines instances of unstable ownership in Imami jurisprudence and Iranian law. The article argues that the creation of an unstable contract in this form is conceivable and in accordance with the rules. However, the effects of unstable status of a contract depend on the nature of each contract and its instability. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
CONTRACTS
CIVIL law
JURISPRUDENCE

Details

Language :
English
ISSN :
17423945
Volume :
20
Issue :
3
Database :
Complementary Index
Journal :
Manchester Journal of Transnational Islamic Law & Practice
Publication Type :
Academic Journal
Accession number :
181002284