نوع مقاله : پژوهشی (داوری عادی)
1 عضو هیئت علمی دانشگاه پیام نور
2 استاد گروه فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد
3 دانشیار رشته فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد و سردبیر فصلنامه
عنوان مقاله [English]
Lien is a balky right in exchange contracts each of the parties has the right to seize the property after the contract is signed unless the other party fulfills his commitments. In such contracts, submission and receiving the goods matter. Using analytical-descriptive methods and collecting library data, the researchers have investigated the reasons for creation and waiving for lien in exchange contracts and have concluded that the conditions of creation and waiving in the following cases are met in jurisprudence: "existence of sound exchange contract between the parties", "existence of main and bilateral commitments" "occurrence of the good and price in the present time" "non-submission of the each of the two case of right", "submissiblility of on the parties of contract", and the most important of such a right is the existence of main and bilateral commitments. Among the conditions of waiver are the following: "the will of the rightful owner (waving feasible by two parties)", "submission of one the two cases by parties", "providing security and bill for the price and goods", "determining time periods for the price or good", "waiver of bilateral obligations and debts", and " waiver of the right in custom". Among the mentioned conditions "waiving by two parties" is the most significant condition of waiver in exchange contracts.
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