عكس العينة و التطبيق على العلاقة بين العميل و السمسار في الشراء بالهامش

الملخص EN

This research was conducted to demonstrate an important issue of the old jurisprudence with an applied aspect, namely the issue of inverting the sample.

The researcher clarified the issue of sample mentioning its general and special forms; scholars’ different interpretations of this issue; and, based on this, the researcher builds the issue of inverting the sample after clarifying its forms and the difference of opinion on it.

Further, the application was conducted on the relationship between the client and the broker in margin purchase and adaptation of the relationship between them.

The research revealed that the client purchases shares and the like of what dealt in margin trading through purchasing a part of the deal by the client, and the other part to be borrowed by the broker or remains as a debt owed by him.

This is done by one of two methods: 1) loan contract; if shares of the deal are not owned by the broker at the time of contract, where the broker lends the shares and then sells them to the client, so he pays part of their value and borrows the rest from him.

2) sale contract; where the shares of the deal are owned by the broker and then he sells them to the client.

The client pays part of their value and the rest is a debt owed by the client.

It was also referred to the form of the first method, which is the form of loan provided borrowing as well as the form of loan provided mortgaging.

The paper also goes on to point out the forms of the second method in which there are three forms: the form of gathering the sale and the loan in one contract, the form of gathering the sale and mortgaging in one contract too, and the form of gathering two sales in one contract.

Finally, the study concluded the research with demonstrating the ruling of margin trading regardless of the ruling of each form separately.