On this page
Research Article | Open Access
Volume 15 2023 | None
Jurisprudential-legal solutions to determine the nature of the factoring contract; rereading the approach of Iranian law with a look at Imamiyyah and Hanafi jurisprudence
Dr.Hosein Miri, Firoz Mansoori
Pages: 896-907
Abstract
The factoring contract is one of the methods of facilitating trade in the national and international arena, which provides financing services, consulting, guaranteeing the credit of customers and collecting accounts receivable, and has a special place in accelerating the production of small and medium-sized companies. In order to use this modern method in Islamic countries, including the Islamic Republic of Iran, it is necessary to first examine the nature of the aforementioned contract in order to determine the rights and obligations surrounding it; but there is a question that with what solution can determine the nature of the factoring contract? The current research has investigated the methods of determining the nature of the factoring contract in Islamic jurisprudence (Imamiyah and Hanafi) and Iranian law using written sources and has found that there are three methods for it; Decomposing the contract into multiple contracts; Analyzing the subject of the contract to the main effect and terms of the contract and considering the contract to be independent. It seems that the last view is appropriate due to its compatibility with the legal system of the Islamic Republic of Iran and the fact that the factoring institution is new, and is preferable to other views.
Keywords
Factoring, Basis of Factoring, Account Receivable, Financing, Jurisprudence-Legal Solutions, Islamic Jurisprudence, Iranian Law.
PDF
189
Views
83
Downloads