إعادة قراءة وجهة نظر الفقهاء الإمامية حول ضمام الأمين في العقود العارية و الإجارة

الملخص EN

The issue of trust guarantee in loan and lease contracts and their conditions has attracted the jurisprudents and lawyers.

This research was done to discover the view of Imami jurisprudents on trust guarantee in loan and lease contracts.

The main question was as follows: What is the view of Imami jurisprudents on trust guarantee in loan and lease contracts? The research took a descriptive analytical method.

The findings proved to show that there are two barriers for the effect of guarantee: one) ownership credit; b) legal credit.

Studying the belief in trust guarantee and its reasons proved that the condition for guarantee is correct for the leasehold property for the lessee- in case of lack of voluntary waste- and the guarantee condition is not limited to lease and mere relationship to the lessee; rather, it involves other trusts.

Studying the belief in the lack of trust guarantee, and investigating the reasons, indicates that they have the competence to be generalized to other similar contracts.

Eventually, researchers concluded that there is obstruct neither in loan contract, nor in lease contract and includes other trusts as well.