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CONDITIONS OF SALE - Coggle Diagram
CONDITIONS OF SALE
conditions of conclusion
the Hanafis
the contractor
sane and able to run his own affairs
Hanafi
: reach legal age is not a condition
child's ability to conclude a contract (Jurist)
purely beneficial dealings
sheerly harmful dealings
dealings that may result in benefit or harm
the multiplicity of contractors
may not be concluded by 1 legal proxy except for:
a father
a judge
a legal guardian
a messenger from both parties
a marriage contract
the effects of coercion
Hanafi
: contracts of trade and rent are defective unless if the parties accepts
Shafie and Hanbali
: it is not valid
Maliki
: it is not binding
Shafie and Hanbali
: the parties must be free and willing
the contractor itself
offer and acceptance correspond to one another
the buyer is only required to pay what is asked from the seller
the place of the contract
offer and acceptance are made during the same session
Shafie & Hanbali
: the acceptance must follow the offer
Maliki
: the separation of offer and acceptance does not affect the contract
both parties are present
the absent party knows the offer
the object of the contract
must exist
currently owned and non perishable good
may not be something that is not allowed to be owned such as wine or blood
privately owned and in the possesion of the seller
it is deliverable at the conclusion of sale
conditions of validity
general conditions
sale must not include :forbidden:
ignorance
ignorance by the buyer
genus
type
quantity
ignorance of the price
not valid to sell something at a price specified to be the price of a similiar object
ignorance of the time-period term
defective sales if time-period are not known
ignorance of the means of documentation
ensue if the buyer makes it a condition to have a third party guarantor of the transaction
coercion
total coercion
the coerced person finds himself forced to take an action
Hanafi
: invalid
Zufar
: suspended
partial coercion
if the person is threatened with incarceration, beating or injustice
Hanafi
: invalid
Zufar
: suspended
timing
defective if there is a time-expiration of the sale
deception and gharar
invalid
harmful sales
ensues if the object of sale cannot be delivered without causing the seller losses that exceeds what he is selling
it is valid if it does not affecthis legal rights
corrupting conditions
commutative contracts: it is invalid
other contracts: it is considered as valid if conditions are deemed nugatory
specific conditions
receipt of movable goods
condition for validity of sale of the movable property
Abu Hanifah & Abu Yusuf
: allowed the sale of immovable properties prior to receipt
knowing the initial price in trust sales
exchanging object & price in trust sales
satisfaction of forward sale
equality of compensations
conditions of bindingness
must be free from
options by description
option by defect
option by specification
option by condition
conditions of executability
ownership or guardianship
original
a person is fundementtaly a guardian for himself
agent
for those who may not legally represent themselves, a guardian may be commissioned
must be legally allowed to do so or else it will be regarded as al-fuduli
Shafie
: it is invalid
Hanbali
: it is invalid
Hanafi and Maliki:
have the option to void it if it is not beneficial
underage child or insane person are considerd owners but the objects under the control of their guardians
no third party should have the rights over the object of sale
the contract will be suspended if the object is not legally owned by the seller
Hanafi
: if it is not legally owned, the buyer has an option to void it or to conclude it
Hanafis
executable sale
conditions of conclusion & conditions of executibilty are satisfied
suspended sale
conditions of conclusion are satisfied but not the conditions of executibility