Analysis of Basis and Legal Nature of Arsh | ||
| مطالعات فقه و حقوق اسلامی | ||
| Article 1, Volume 3, Issue 5, October 2012, Pages 9-25 PDF (187.13 K) | ||
| DOI: 10.22075/feqh.2017.1873 | ||
| Authors | ||
| M. Abouata* ; M. Abouata* ; A. Shamsollahi | ||
| Receive Date: 28 January 2017, Revise Date: 21 February 2026, Accept Date: 28 January 2017 | ||
| Abstract | ||
| The obligation of seller to pay arsh in case the object of sale is defective ,has contractual basis and in cases, it is impossible to revocate the contract due to the impossibility of restitution of object or itâs restitution in the same condition as the time of making the sale contract, buyer may, only, receive arsh as compensation. the right to collect arsh ,is a financial independent right that is created ,as to making good the buyerâs damages ,with the appearance of defect in object and by the side of the right to revocate the contract but itâs permanence or fall, is not necessarily affected by the condition of revocation right | ||
| Keywords | ||
| sale; revocation; arsh; Right | ||
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