Private Law

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Browsing Private Law by Author "Ayman Mohammed Hussein Nasser"

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    Sale of a Properly Belongs to Another A Compartive Study Under Positive Law & Islamic Jurisprudence
    (2006) Ayman Mohammed Hussein Nasser; Dr. Ali Al-Sartawi
    The subject of this research is the issue. Sale of a properly Belongs to Another a Compartive Study under Positive Law & Islamic Jurisprudence. The research includes a preliminary section where I stated the essence of sale in language, law & doctrine where I have compared among these three concepts. In the first section, I’ve tackled the concept of sale in the positive law & Islamic jurisprudence, comparing between these two concepts. Then I’ve limited the range Sale of a properly Belongs to Another, determining what might be included in this sale or not, distinguishing it from a few other suspected systems. In the second section, I’ve dealt with the issue of legal nature for the Sale of a properly Belongs to another in the positive law, discussing the theories said in this concern as follows: 1.The theory of cancellation; 2.The theory of absolute nullity; 3.The theory of relative nullity; 4.The theory of suspended contract; 5.The theory of annulment, for a special kind. Then I dealt with the theories said in rooting the. Sale of a properly Belongs to Another according to the Islamic jurisprudence; such as: 1.The theory Sale of a properly Belongs to Another cancellation. 2.The theory Sale of a properly Belongs to Another stopping. Then I compared between the two doctrines: the Islamic & legal in determining the lawful nature Sale of a properly Belongs to Another where I studied the rule of suspended contract & the rules of contract liable to cancellation; as well as which of the two contracts is more appropriate for the case Sale of a properly Belongs to Another. In the third section, I researched the subject Sale of a properly Belongs to another where I started with determining the legal nature of real-estate sale in the positive law & Islamic jurisprudence, comparing between the two trends. Then, I moved to limiting the nature of the lawful nature for the selling Sale of a properly Belongs to Another according to the positive law & Islamic jurisprudence, comparing between the two concepts, the lawful & doctrinal from the issue Sale of a properly Belongs to Another. In the fourth section, I took the rules Sale of a properly Belongs to Another where I studied first the rules Sale of a properly Belongs to Another between the contracting parties; and the right of the buyer & seller in revoking the Sale of a properly Belongs to Another and the position of Islamic jurisprudence in this concern; as well as the extent of buyer’s right to claim compensation according to the two doctrines: the legal & Islamic; as well as the source of this compensation on the basis of the lawful & Islamic trends. Then, I took the cases of correcting the Sale of a properly Belongs to Another, sush as: 1.The lapse of buyer’s right to sue for an action-at-law against annulment by prescription. 2.The licensing of buyer for the sale. 3.The possession of buyer for the sale. 4.The possession of seller for the sale. Then, I took the rules Sale of a properly Belongs to Another according to the true proprietor where I studied the issue of fixing or licensing the proprietor for the sale inscribed on his proprietorship. This needed at first studying the concepts of fixing & licensing according to the lawful & Islamic concepts; as well as the difference between the two terms in the shade of the two doctrines. And I moved afterwards to the hypothesis of not confirming the proprietor for the sale where in this supposition there were two relations for the true proprietor: the 1st, his relation with the buyer; and the 2nd, his relation with the seller. Yet, in the hypothesis of fixing the true seller for the sale, three results have emerged: 1.The validity of selling in the right of the proprietor. 2.The lapse of the buyer’s right to claim for annulment. 3.The relation between the true proprietor & the buyer. Finally, I researched the rules of 3rd. Party’s Sale in the case of successive sales. Then, there was the end which included the results of the research and recommendations.