study on the principle or exemption of the legitimacy of the cooperative contracts

Document Type : Original Article

Authors

1 private law shahid beheshti university

2 Shahid beheshty university PhD student

Abstract

Abstract
The contemporary century is the century of golden growth in the economy and business practices. Sometimes individuals are not identical in terms of capital and workforce and the social life requires that people come together and put their capital, their strength and credit together, into productive and commercial activities. In order to regulate this, it is considered an agreement that has a specific section called Participation (Collaborative Contracts).
Although the legal technique of participation in our legal system from the past has been a concept that has been prescribed in order to prevent the degradation of the Islamic Society and the need for the Islamic Society in certain cases, such as the contract of the company, bailment, share-crop system, and farmletting, but the general legitimacy of the partnerships is never inferred. In the present article, we look at cooperative contracts to find out whether, in principle, the cooperative agreements are sympathizers or opponents of the rule. Then, by explaining the views of the jurists and examining the reasons for each of the groups agreeing or opposing and violating the arguments of the opponents of the partnership agreement, we will provide arrangements for the solution of the religious problems

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