جستجوی مقالات مرتبط با کلیدواژه « اجاره » در نشریات گروه « علوم اجتماعی »

Although in accordance with the general rules of contracts, the effect of abrogation relates to future, the lease contract has certain characteristics, which do not lend it to this rule. Hence, if the contract of lease is abrogated in the midway, there are differences of opinion about the effect of abrogation. Some argue that the effect of abrogation applies only to the remaining period of the lease and the pre-abrogation period remains intact; while others argue that abrogation applies to the entire term and it is abrogated from the beginning of the contract, is rendered null and void and consequently the entire rental is returned to the original owner. There are three viewpoints about this issue in jurisprudence. Imam Khomeini’s viewpoint mentioned in his book Tahrir ul Wasilah, plus another rule that applies to the loser, is the acceptable one which is discussed in this paper.

There are only a few Old Elamite documents available today; however there are more than 500 legal documents from Susa, written in Akkadian, that provide us with a unique chance to study legal and social institutions of Elam in the Sukkalmah Period. The present study will edit and translate three lease documents from the Sukkalmah Period, which are known as esip-tabal contracts. A comparative study with Laws of Hammurabi reveals that a certain type of mortgage was formulated as lease, in order to provide a way to charge more interest than what is legally allowed. This essay will explain the periods of Elamite history and the variety of sources available in order to establish the historical context. Then the significance of the Akkadian texts from Susa is explained, and finally the three esip-tabal documents are studied from the perspectives of form and content.

Without any doubt ownership and the way of its transfer is a source of many transactions. With the expansion of transactions and their diversity, today ownership has become more complicated creating new kind of contracts which did not have any jurisprudential-legal precedence. Hence elaboration of the characteristics of ownership on the basis of jurisprudential-legal principles can be an index and criterion for validity or invalidity of the newly emerged transactions. There are differences of opinion in Islamic jurisprudence particularly in Imamiyeh jurisprudence about permanency as a characteristic of ownership. But by accepting the temporary ownership and strengthening the theory that denies permanency of ownership, one can accept the legitimacy of such contracts as the beizamani. The present paper is an attempt to review the viewpoints of Imam Khomeini and ritically study the reasons for the invalidity of the said theory and on the other hand besides explaining the referents of temporary ownership in Islamic jurisprudence it refers to the general reasons to prove is legitimacy.

Khadij b. Khuwailed b. Asad b. Abdul-Ozza was a rich noblewoman that in the Jahiliyya era was in trade and business, although in that era the women had no place, and many daughters were buried alive after their birth. By her capital, she had employed men to travel to other regions and buy and sell for her. She had contracts of partnership of Mudaraba or rent with those who were helping her.One of the famous men in that time was the Prophet (peace be upon him) that because of characteristics of truthfulness and trustworthiness was very famous and Khadija also believed in his merit. So she suggested him to take the affairs of her trade in his hand and he also accepted; this was the very beginning of economic relationship between the two. Afterwards the Prophet (p.b.u.h.) started his trade trips and according to historical sources, for every trip there was convened a contract between them.