University of Judicial Sciences and Administrative Services
10.22106/jcr.2024.2008556.1454
Abstract
In recent years, when we have been faced with excessive growth of inflation and devaluation of the national currency, some people convert it into gold in order to preserve the value of their money and capital, as well as earn conventional profit, and conclude various contracts in the jewelry market. One of these common contracts is known as "bulk gold rental contract" in goldsmith custom. In this contract, bulk gold means melted gold that the owner, according to the contract, hands over to the goldsmith as an agent so that he can use it in the goldsmith workshop and trade. Finally, the parties of this contract share in the profit and operation jointly with a certain share. Also, the goldsmith is obliged to pay funds to the owner in the prescribed period before the profit distribution. This contract was the subject of the 7th judgment review session of the Yazd judiciary and is based on the cases raised in it. The nature of this contract, based on the originality of the inner intention and some judicial decisions, and considering that gold is a quantity of consumable property and does not have an independent benefit from the object, but rather has a profit and function, it cannot be a lease in any way, although in the contract, "lease" is called, but the mentioned contract, in comparison with other certain contracts, as a partnership contract, is most similar to Mudarabah contract and company contract. Based on the intention of the parties, it can be mudarabah, but it faces the problem of lack of cash capital. It seems that this contract can be compatible with some parts of the company contract, especially a new part of it called "property and deeds company" as a civil company.
Dehestani,A . (2024). The nature of the so-called volume gold lease contract, the subject of the seventh review verdict of the Yazd judiciary. Ray (Judicial Case Review), 12(45), 93-117. doi: 10.22106/jcr.2024.2008556.1454
MLA
Dehestani,A . "The nature of the so-called volume gold lease contract, the subject of the seventh review verdict of the Yazd judiciary", Ray (Judicial Case Review), 12, 45, 2024, 93-117. doi: 10.22106/jcr.2024.2008556.1454
HARVARD
Dehestani A. (2024). 'The nature of the so-called volume gold lease contract, the subject of the seventh review verdict of the Yazd judiciary', Ray (Judicial Case Review), 12(45), pp. 93-117. doi: 10.22106/jcr.2024.2008556.1454
CHICAGO
A Dehestani, "The nature of the so-called volume gold lease contract, the subject of the seventh review verdict of the Yazd judiciary," Ray (Judicial Case Review), 12 45 (2024): 93-117, doi: 10.22106/jcr.2024.2008556.1454
VANCOUVER
Dehestani A. The nature of the so-called volume gold lease contract, the subject of the seventh review verdict of the Yazd judiciary. Ray (Judicial Case Review). 2024;12(45):93-117 (In Persian). doi: 10.22106/jcr.2024.2008556.1454