القاعدة الفقهية الغرم بالغنم في مجلة الأحكام العدلية

Abstract EN

"Islamic Sharia is rich and full of the many rules governing transactions, profit and loss, and striking a balance between the parties to humanitarian transactions.

Perhaps the rule of the ""AL-Ghurm bil Ghunm"" contained in the Journal of Justice Provisions in article 87 is one of the most prominent and most important rules, and the general purpose of this rule is reflected in the obligation and burdens of the individual insofar as it takes advantage and rights.

The study aims to reflect the most salient legal issues addressed by both the Journal of Justice Judgments and the draft Palestinian Civil Law with regard to the doctrine of ""AL-Ghurm bil Ghunm"" and the similarities and differences between them.

And this importance of being one of the legal rules on which the Journal of Justice Judgments was based on.

The problem was the statement of the limits, conditions and portrayal of the doctrine of the ""AL-Ghurm bil Ghunm"" as it was not clearly stipulated by the legislature in both the Journal of Justice Judgments and the draft Palestinian Civil Code.

The researcher reached several through the research, the most important of which is to charge the joint king's reform expenses to each of the partners according to their respective shares in the two pieces of legislation, but the Palestinian Civil Code has also given them the option of agreeing among themselves otherwise.

The difference between the two legislations with regard to the application of the AL-Ghurm bil Ghunm rule in the barea, since the costs for the reform according to the Journal of Justice Judgments are the one who is the beneficiary of it.

In the draft Palestinian Civil Code, it is the responsibility of the lender because he is the owner."