Adaptation of Ju'alah contract and international contracting contracts and feasibility of using Ju'alah contract in contracting contracts

Document Type : Academicm and Research

Authors

1 Assistant professor of the department of private law; faculty of law; qom university

2 Master's student in private law, Faculty of Law, Qom of University.

10.22091/csiw.2024.10289.2495

Abstract

Considering to the development of societies, new type of contracts according to the new conditions is created. The lawyers take two approaches to recognize these new contracts when they face them: they know these contracts close to the contracts considered and defined in the laws, and another, is to have contracts thereunder the 10 article of civil law. One of the newly emerged contracts is the construction contract, and regarding the reasons provided by both groups, the idea of the followers of first approach is significant.

In Civil Law, the contract of Ju'alah has been referred to as a special and flexible contract can be used in the fields of construction contracts. In the current study. With usage of descriptive and analytic investigate system, has been tried to answer the main question with a detailed investigation about the conditions of the contracts of Ju'alah's uses and condition of the construction contract's uses, that whether Ju'alah contract can be used instead of construction contracts or not? In conclusion with considering to Ju'alah's conditions it can be said that contract of Ju'alah can be used instead of some construction contracts.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 16 May 2024

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