Document Type : research
Authors
1
PhD student in private law, Islamic Sari Branch, Azad University, Sari. Iran
2
Assistant Professor, Department of Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
3
Assistant Professor of private Law, Faculty of Law and political Science, University of mazandaran, mazandaran Iran.
10.22034/ejs.2024.422820.1594
Abstract
Background and Purpose: Buying debt is one of the important contracts that play an important role in banking law and commercial transactions. The purpose of this article is to examine the validity of buying religion in Iranian jurisprudence and laws and uniform laws.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is library-based and it has been done by referring to international and domestic books, articles and documents.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: According to the opinion of famous jurists, the contract of purchase of religion is accepted. Selling at a lower price in such a way that there is no usury and that the sale of the deferred debt after the end is reached to the debtor is one of the most important conditions for the validity of the debt purchase in jurisprudence. From the legal point of view, the debt purchase contract must have the substantive conditions such as the qualifications of the parties, the subject of the transaction, the purpose of the transaction, which are the general conditions of contracts, and in terms of form, it must have the characteristics of the genuineness of the debt, the liquidity of the debt, the validity of the obligor, and the maturity period. According to the uniform rules, the request and acceptance of the parties to the contract, the subject of the agreement, the object of the transaction, and the existence of the demand and the right are the conditions of validity of forfeiting..
Result: The validity of the forfeiting case in the uniform laws is consistent with the validity of the purchase of debt in Iranian law. Forfeiting in the form of a debt sale contract is accepted and valid in Iran's jurisprudence and law, just like the purchase of debt.
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