مطالعات فقه و حقوق اسلامی (Feb 2021)

Re-examining of the transaction with self in the agency

  • Hamid Reza Mirko,
  • Ahmad Reza Behniafar,
  • Mahdi Zolfaghari

DOI
https://doi.org/10.22075/feqh.2020.20002.2359
Journal volume & issue
Vol. 12, no. 23
pp. 389 – 414

Abstract

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One of the significant subjects that has been intended by the jurists and scientists in jurisprudence and law is transaction with self and duties as well as effects arising from it. The main question in this issue is that " In case of Lack of clause in order to deal with self, does agent has permission to sell the property to herself/himself?" this research, by a descriptive-analytical method, clarify the nature of the transaction with self and prove to be the contract of this type of transaction, and examine the different type of granting representation.

Keywords