Drop the Corrupt Condition of the Sales Contract and its Effect on the Correction of the Contract: Comparative Jurisprudence Study

Al-Maliki, Majid Bin Muhammad Bin Hussein Al-Maliki

doi:10.21608/bfda.2019.63286

Drop the Corrupt Condition of the Sales Contract and its Effect on the Correction of the Contract: Comparative Jurisprudence Study

Author

Majid bin Muhammad bin Hussein Al-Maliki Al-Maliki

Associate Professor, Department of Sharia, Taif University

10.21608/bfda.2019.63286

Abstract

The condition in terminology: What is necessary from its non-existence, and from its existence does not require existence or non-existence of its essence.
And the corrupt is against the right: the right: what was legitimate in its origin and description, and the corrupt: it is legitimate in its origin and not its description.
Conditions in the sale: One of the sellers obligating the other, because of the contract, to have a benefit in it.
Conditions of sale are divided into two parts: true and invalid
And the invalid part is that which invalidates the contract by it at all, whether it is waived or not, and from it what corrects the contract by dropping and deleting it from the contract. This is the focus and aim of the research.
The research was divided into an introduction, a preface, two chapters, and a conclusion
The first topic was related to the conditions in the sale in terms of their legitimacy, the correct ones and the corrupt ones.
The second topic was related to the essence of the research, which is dropping the corrupt condition and deleting it from the contract, its impact on correcting the contract or not.

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