مبناي محاسبه قيمت در كالاي قيمي مقبوض به عقد فاسد از ديدگاه محقق اول و ثاني

UNAVAILABLE GOOD WHICH RECEIVED THROUGH SPOILED CONTRACT FROM FIRST AND SECOND MOHAGHGHEGH VIEW

Mohaghghegh Helli who is called as First Mohaghghegh (Awal) in this essay, has different opinion with Mohaghghegh karaki who is called as Second Mohaghghegh (Sani) about guarantee of received unavailable goods through spoiled contract. First Mohaghghegh believes receiver of goods is responsible for payment of price on the basis of receipt day, while second Mohaghghegh advocates from payment of price on the basis of loss day. First Mohaghghegh says receiver of goods must be considered as responsible and guarantor from receipt day because of belonging of address to him on this day, and invokes to "Abi Vallad Sahiheh". But Second Mohaghghegh presents the time of transfering of guarantee from goods to price is loss day, and rejects loss dayʹs excess price according to "principle of acquittance." Some of Jurists invokes to traditions of chapters of "Etgh" and "Rahn" as reasons for loss day view.