عقد الصيانة : دراسة فقهية مقارنة

Abstract EN

After scientific research in the subject of the research, the research concluded that the results are almost as important as the following: 1 - clarity of innovation in the parameters of Islamic jurisprudence, because of the continuation of the movement of development and the large number of referendums on new issues and emergency issues, and answer them.

2 - The contract of maintenance of contracts that have similar contracts of Islam, but not identical, and has a number of characteristics that distinguish it, is one of the contracts that apply to the general rules of contracts, and stipulate what is required in other contracts of conditions that denies ignorance (Gharar) and commentary and others.

3.

If maintenance is a condition in a contract, it is a condition that is legally permissible and covered by evidence of fulfillment of the conditions.

4 - The Iraqi law - apparently from the search and follow the minor did not establish legal rules specific to this contract, or consider it a type of enterprise.