Examining Legal Fundamentals of Leaving the Price to an Expert's View (Contract of Sale under an Expert's View)

Document Type : Research Article

Author

Abstract

In many contracts, especially in contract of sale, determining the price of goods or services may be handed over to an expert or determined according to the market price, but most of our jurists have declared this type of transactions as invalid on the basis of numerous proofs; in contrast, some jurists have also observed it as to be true. This paper tries to delve into and review the presented
jurisprudential viewpoints and fundamentals and to prove the validity of this type of transactions.
Keywords: price as being known, price as being regulated, contract of sale as decreed by an expert, market price, ghurar (risk).

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