قاعدة أصالة اللزوم في العقود : دراسة تحليلية في الفقه و القانون المدني

Abstract EN

The Fuqaha 'said that the first principle in the transactions is the necessity and the word of the verb.

this origin is sometimes in terms of the practical origin and the other in terms of the original verb.

the practical origin requires that the effect should not be arranged before the transaction and the face in it.

in the case of the transaction we doubt whether the effect occurred or not.

do not arrange the effect either in the verbal origin of the work is that the word is considered apparent or identical to the duty as in the words of the almighty fulfilled the contracts as this signifies the commitment to contracts, moreover there is some evidence that is based on the rule of necessity, the prophet's Sunnah, to hold the curriculum and build wise.