Analytical Review of Buy Back and B.O.T According to immamiyeh Jurisprudence
Volume 1, Issue 2, 2019, Page 12 - 28
Authors : Rohollah Ahangaran
Abstract :
The aim of this writing is the analytical review of buy back and B.O.T according to Ja\\\'fari jurisprudence. The results of this study showed that according to Ja\\\'fari jurisprudence, for buy back description you can measure contract, binding, its decisiveness, being considerate, being long-term and consideration volume and in case of comparing B.O.T which is the same construction, exploitation and transformation contract, also if it is arranged based on Islamic contract principles, there aren’t limitations in accordance with Islamic nominate contracts. Analytic review of this contract has been done in accordance with nominate contracts like deed, compromise transaction, rent, sale, custom order, contract of reward, and advocacy and explained ambiguities which can delegitimize this contract and affects have been clarified. Also, if the jurisprudence nature of the B.O.T contract be imagined as an independent contract based on rationality, it is necessary to give priority contract nature based on non-confiscation contract. In this study, desk research and taking note and finally accessing to results via analytic-descriptive were used as study methods.
The aim of this writing is the analytical review of buy back and B.O.T according to Ja\\\'fari jurisprudence. The results of this study showed that according to Ja\\\'fari jurisprudence, for buy back description you can measure contract, binding, its decisiveness, being considerate, being long-term and consideration volume and in case of comparing B.O.T which is the same construction, exploitation and transformation contract, also if it is arranged based on Islamic contract principles, there aren’t limitations in accordance with Islamic nominate contracts. Analytic review of this contract has been done in accordance with nominate contracts like deed, compromise transaction, rent, sale, custom order, contract of reward, and advocacy and explained ambiguities which can delegitimize this contract and affects have been clarified. Also, if the jurisprudence nature of the B.O.T contract be imagined as an independent contract based on rationality, it is necessary to give priority contract nature based on non-confiscation contract. In this study, desk research and taking note and finally accessing to results via analytic-descriptive were used as study methods.
Keywords :
Buy Back, B.O.T, Contract, Islamic nominate contracts, Construction, Exploitation, Transformation, Islamic Jurisprudence, Custom Order, Rent,
Buy Back, B.O.T, Contract, Islamic nominate contracts, Construction, Exploitation, Transformation, Islamic Jurisprudence, Custom Order, Rent,
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