خيار الغبن : دراسة مقارنة بين الفقه الإسلامي و القانون المدني العراقي

Abstract EN

Options are of therapeutic means preventive granted to the contractor after the conclusion of the contract to make sure the chosen contract or dissolution willingly individual and non-stop on the will of the other Contracting, so to ensure our search one of these options, an option that injustice, which affects the transaction and the validity of the contract beyond the flaws after associate with sedition, because the legislator is keen to regulate transactions held by the people and the stability of the impetus for the fraud and deception and to avoid conflict that may occur between the contractors, and asserts that the satisfaction of contractors is unblemished by any defect that would make the contract Reserve so we dealt with this option has been systematically compared between texts of Iraqi civil law and Islamic jurisprudence Bmmahbh different in four of Detectives explained in the first concept of choice injustice in the three demands set aside the first to define the option of injustice, and we have dedicated the second to the standard achieved injustice, and either the third demand was aferdnah conditions achieved injustice, and either the second part, have we dealt with the applications option injustice in Islamic jurisprudence and civil law in the two demands, and showed in the third topic of doctrinal choice injustice .