Abstract
One of the most common sales in business communications, especially the international ones is debt to debt sale. Despite prevalence of debt to debt in internal and international business communication and lack of certain legal text about its validity or invalidity, there is a question that whether this type of sale should be allowed or based on principles in constitutional, in the case of law silence we should refer to valid legal resources. Although according to jurists , debt to debt sale is completely invalid , there is no valid reason to invalidity of a sale in which the price and values are both in the form of debt , but according to documents of contract permission and origin of transactions validity , such trades could be considered correct and according to some hadith ..., of course in order to compensate the weakness of its document to evident act , dedicated invalidity just to its certain case which should be both sale and cost before contracting a debt . DOI: 10.5901/mjss.2016.v7n3s3p396
Highlights
One of the most common sales in business communications, especially the international ones is debt to debt sale
Another group know the sale allowed because the sale in this trade has been converted to debt after contract and while contracting being debt to debt is not significant and won’t be a reason to ignore the Hadith, since it is similar to debt to debt sale, it is execrable . 4
Eventually the discussion about division has been mentioned by Seyed Muhammad Kazem Tabatabaie and various aspects of debt – debt sale which is in 46 forms have been stated from that great scientist view and there is a conclusion so that some forms of debt – debt sale have no religious problem and in those cases, the sale is true and is not considered invalid
Summary
One of the sales which current business community especially international trade is engaged in it is debt-debt sale and if debt-debt sale is known invalid, there would be a big problem in human life. It should be noted that in futures sale, this jurisprudence consequence is proposed that when in this sale, transaction price is a credit which is for seller, has debt – debt sale been realized? 4. Some jurists believe their distinction, so that whenever a client mention that previous debt as a condition in the trade and as a cost against certain cost, the transaction will be invalid because of realizing debt to debt sale. Eventually the discussion about division has been mentioned by Seyed Muhammad Kazem Tabatabaie and various aspects of debt – debt sale which is in 46 forms have been stated from that great scientist view and there is a conclusion so that some forms of debt – debt sale have no religious problem and in those cases, the sale is true and is not considered invalid. Debt–debt sale is not invalid absolutely and is correct in some conditions
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