عقد قرض ، عقد عيني يا رضايي ؟ با رويكردي به آراي حضرت امام خميني (س)

Contract of Borrowing: Objective or acquiesentive? With Special Reference to Imam Khomeiniʹs Viewpoints

Contracts and deals maybe classified into different categories with regard to their different aspects. The basis of these classifications is evolution. On the basis of this criterion, the contracts are divided into subjective and acquiesentive. However there are differences of viewpoint about the referents of contracts on the basis of this criterion. For instance, some contracts are considered objective by some thinkers while the same contracts are considered acquiesentive by other thinkers. Among them, one may mention the contract of borrowing. The controversy stems from the definition of this contract given in the Article 648 of the Civil Code of Iran, which is open to both the definitions. The present article is an attempt to give a clear the definition of this contract on the basis of the viewpoints of Imam Khomeini