نوع مقاله : مقاله پژوهشی
نویسنده
مؤسسه عالی فقه و علوم اسلامی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The expansion and complexity of financial markets have led to the creation of contracts whose nature is difficult to determine in order of effect. Sometimes, in order to achieve a specific goal, the parties conclude a group of contracts in the form of a contract and attribute various legal effects to it. The governing conditions in some compound contracts are based on the goal on which the combination of contracts has been based. Therefore, the elimination or modification of the conditions of analytical contracts is considered a natural thing, the accuracy of which has been examined in this research using a descriptive-analytical method and the method of collecting its information has been based on library studies.
Examining the types of compound contracts leads us to the fact that the nature of compound contracts in its new instances is predominantly based on the needs of custom and social behaviors. Therefore, some types of combinations have a flexible nature for regulating legal relations, provided that they comply with the general rules of contracts and customary standards. One of the fruits of the flexibility of the contract system is the creation of compound contracts that, despite their similarity to specific contracts, can also have their terms deleted or modified without affecting their validity. The requirement for the aforementioned contracts to be applicable to specific contracts and the existence of specific terms for those contracts, in addition to being an obstacle to the implementation of the contract, is also considered unnecessary from the perspective of jurisprudence and even contrary to the will of the parties to the transaction.
کلیدواژهها [English]