REPLACEMENT OF ABSTRACT RIGHTS A COMPARATIVE ANALYTICAL STUDY IN ISLAMIC JURISPRUDENCE AND IRAQI CIVIL LAW
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue Issue 37 part 2, Pages 1-53
AbstractReplacement is a process of exchange, in which each of the two exchanges gives in exchange for what the other party takes. And the replacement of abstract financial rights is through sale, rent and omission (assignment). The essence of these rights is jurisdiction, that is, it is a privilege that is restricted to its owner and not others. The abstract rights that have become to them in the contemporary custom of significant material benefit, and the custom has been replaced by them, are considered funds, and it is not permissible to violate them. The rights that we mentioned in the topic of the research are presented, for example; Because they vary with time and place, abstract rights may appear in the near future that were not known now.In order for it to be permissible for abstract financial rights, the following conditions must be met: * That the rights deprived of the rights of jurisdiction, and not a form of public permissibility. * That the abstract rights are exchangeable. * That abstract rights be fixed immediately. * That the abstract rights are money in which the commercial custom conducts the course of money. * That the abstract rights are inherently fixed for the owner, and were not proven to pay the damage only. * That the abstract rights are transferable from one person to another. * That the abstract rights are described, and do not require ambiguity or ignorance. * That the abstract rights are private rights, not from the rights of God (Glory be to Him). * That the compensation for abstract rights is legitimate, so that the replacement thereof does not result in falling into legal prohibitions such as usury and the like.If the rights in the abstract about the king or have begun to pay for the damage may not be Ea'tiad reported, as a right of pre-emption, though rights alone in the shop, which concerned or was proved, on the face of the land and the link shall be fixed to its owner authenticity may Ea'tiad them as a right-free (instead of Alsergvlah).
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