نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In a general classification, contracts are divided into two categories: Titled contracts and untitled contracts. Titled contracts are contracts that the human society has named with the purpose of a special function and for which special rules and effects have been established, such as sale and lease, each of which has its own function. Sale with the purpose of buying and selling and lease with the purpose of acquiring benefits, that were invented and named by intellectuals. This unique function of each of the titled contracts is changed due to various factors such as a condition included in the contract, time and common elements, and as a result, the titled function of the contract is removed from the function taken into account in the contract itself. This interaction in the function of contracts due to the aforementioned factors has caused differences among Islamic jurists. The difference is very broad. Many Sunni jurists have raised this issue under the tension between subjective and objective Intent, and have believed in changing the title of the contract based on the originality of the subjective Intent. In contrast, for many Shiite jurists, changing the function of contracts is not contrary to the nature of the contract that has changed its content, and they consider the contract correct by referring to the sovereignty of the will. On the other hand, some contemporary jurists and jurisprudents have believed in the transformation and change of the type of contract but not with the analysis presented by Sunni jurists but with the analysis of common elements and common effects. Some jurists also objected to the reasons for these views and considered the contract invalid. The purpose of the current research, conducted using analytical and descriptive methods based on library resources, is to investigate these different aspects of the function of contracts. The theory of the validity of such contracts, whether it causes a change in the title of the contract or not, is more compatible with jurisprudential and legal logic, and in this way, by the flexibility of the contracts, the maximum benefit of the contracts is provided to secure the interests of the people.
کلیدواژهها English
