پژوهشنامه حقوق اسلامی (Aug 2013)
Nature and Effects of Offset Transactions in the Law of Iran and Islamic Jurisprudence
Abstract
Nowadays the prevalence and significance of mutual transactions particularlyoffset contracts in an international level on the one hand and lack of adequatefamiliarity with such transactions in the law of Iran on the other hand havegiven rise to the fact that natural and legal persons are deprived of a widerange of transactions current in international trade. Studying the concept andvarious types of offset contracts, the present article deals with their nature andeffects from the perspective of law of Iran and Shiite jurisprudence. Accordingto these transactions, the customer supplies a product and the vender in turnpromises to provide the material used in that product from the purchasingparty, or generally to buy an amount of goods equivalent to the value of thesale contract from the first party. As a result, according to the way of relationof vendor’s obligations to the original contract, offset transactions are dividedinto two categories, direct and indirect ones. The novel idea in this researchcan be in framing and finding the nature, and effects of one of the mostcomplex transactions in the field of countertrade lying in the domain of mutualsale in terms of concepts, rules and principles in Iranian legal system as well asin Shiite jurisprudence. A variety of ideas can be raised towards determiningthe specific nature of offset transactions in Iranian law and the Shiitejurisprudence. Hiring persons, mixed contracts, private contracts, promisedsale, and the sale of unascertained goods under obligation are the frameworkssubject to investigation in this regard. As to the effects of these transactions,suspension in transfer of the object of sale, delivery of the purchase moneywhile concluding the contract, determining a contractual sanction againstfailure to fulfill obligations, and sale before due can be raised here. Certainpoints are briefly mentioned in the article while their explanations can befound in a dissertation with the same topic.
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