مباني فقهي و حقوقي ماده 768 قانون مدني

Legal and Fiqhi Foundations and the Scope of Article 768 of the Iranian Civil Code

Article 768 of Iranian Civil Code is among the few legal provisions capable of so many applications in todayʹs economic relations; for it has an extensive scope and so much efficiency. But this notwithstanding, the provision, due to the lack of familiarity on the part of the people as well as the little attention paid by the lawyers in elaborating its various aspects, has rarely been put into application. The Article is strongly supported by fiqhi and juristic principles and is more appropriate and unproblematic in responding to present day economic needs. Issues such as the obligation to pay a specific amount for an agreed settlement, obligation for a third party, banking operations (giving loans with the least interest, paying interest to fixed deposits), debentures and insurance, are some of the instances for the application of the Article. Through examination of the historical background of the Article and its roots in fiqh and law which leads into its consolidation, the above issues gain religious and legal authority and thus open ways for solving many problems faced by the society.