نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
A cash sale is a sale in which the seller sells a product on credit to an individual, then the seller buys the same product from the customer in cash, at a lower or higher price. Biya Aina is considered one of the types of Biya in jurisprudence, this type of buying and selling, in the past and among ancient nations, was to escape usury and was popular among people. On the other hand, the right of lien in pure barter contracts such as sale, each of the parties to the contract can refuse to submit and hand over their exchange to the other side of the contract, until the other party agrees to submit their exchange. According to the definition of visual sale and lien, the main question in this article is, is there a lien for each of the parties in the visual sale? In response to the mentioned question, it is necessary to examine the nature of sale in kind, its conditions and Shariah evidences, the nature of the right of arrest, the principles and conditions of its implementation, as well as the opinions of jurists in the context of the implementation of the right of arrest in jurisprudence. to be It seems that the application of the right of lien in the in-kind sale, in the first sale, which is between the seller and the customer, the seller is sold on credit and with a fixed term, there is no lien for the parties to the contract in the in-kind sale, but in the second sale, where the exchange is in the form of A cash payment is concluded between the contracting parties, for each of the parties to the contract in the sale of the goods, the lien is enforceable due to the existence of the exchange.
کلیدواژهها English