بررسي فقهي بيع معاطاتي با رويكردي بر آراي امام خميني

A Study of Offer Transaction With Special Reference to Imam Khomeiniʹs Viewpoints

The present paper is an attempt to study the role of intention and will in any legal action, particularly in marriage contract. Also attempts are made to study offer transaction and its different aspects such as: 1) the definition of marriage contract and the viewpoints of the jurisprudents. 2) Verbality or non-verbality of contract will be also studied. In this regard the viewpoints of the advocates and opponents are discussed. The advocates of non-verbality of contract consider it to be a heartfelt issue and maintain that a contractʹs validity is based on the intention and consent of the two contractors. 3) Attempts are also made to study the viewpoints of the jurisprudents with regard to the issue whether offer transaction refers to the permission of ownership or the necessary ownership.