Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

A comparative study of contracting through verb in Afghan jurisprudence and law

Document Type : Research Article

Authors
1 Assistant Professor, Faculty of Law and Political Science, Albiruni University, Kapisa, Afghanistan. (Corresponding Author)
2 Master's student, Nangarhar University, Afghanistan.
Abstract
The act of transaction, the exchange of goods and price by the parties of the contract without verbal declaration of will through the act that indicates the consent of the parties. There exists a difference of opinion in jurisprudence regarding the permissibility or impermissibility of contracting through transaction. While some jurists, emphasizing the significance of explicit expression of intent, deem transaction impermissible, others consider it permissible in relation to goods of little value. The view adopted by the majority of jurists, particularly the Hanafi school, is that since the foundation of contracts is based on the consent of individuals, transaction is valid as long as it does not contravene legal principles, irrespective of the value of the goods involved. Among the jurists who advocate the permissibility of transaction, there is a divergence of opinion regarding whether the act of delivery should be simultaneous with the exchange of consideration or not. According to the opinion of the majority in the Hanafi school, the delivery of the exchanged goods must occur in a single gathering for the contract to be valid through transaction. The Civil Law of Afghanistan, in its Article 509, acknowledges the legal institution of transaction and aligns with the majority view in the Hanafi school concerning the simultaneous delivery of exchanged goods for the contract to be valid through transaction.
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  • Receive Date 27 December 2024
  • Revise Date 18 January 2025
  • Accept Date 28 February 2025