نوع مقاله : مقاله پژوهشی
1 گروه مبانی فقه و حقوق اسلامی دانشگاه فردوسی مشهد
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی
عنوان مقاله [English]
One of the important issues regarding the transactions, especially regarding sales, is legal offer and acceptance, and their contribution in fulfilling desired effect. It has been attributed to the famous jurists that they have regarded each of the legal offer and acceptance as the main elements of the contract so that the absence of each of them can prevent the fulfillment of the contract and their desired effect. As it appears from the discussions of the priority of the legal offer to the acceptance and the discussion of continuation, sheikh Ansari has accepted this idea. On the contrary, some Jurists, including Imam Khomeini, have regarded the legal offer as the basic elements of the contract, thereby, the salesperson perform the original composition by doing that and acceptance has not a role more than permission in the contract of the unauthorized agent. Both views have been studied in this paper and the view of Khomeini has been introduced as a more viable and justified idea and in the end some of his works has been dealt whit.