Part Two
ما يندرج تحته
- Chapter 1 : Contracts relating to Ownership
- Section 1 : Contract of Sale
- Article 307 : The Nature of the Sale Contract
- Sub-section 1 : Sold Item and Price
- Article 308 : Knowledge of the Sold Item
- Article 309 : Sale of Sample
- Article 310 : Trial Sale
- Article 311 : Lapse of the Right to Rescind
- Article 312 : Suspension of Sale Conditional on Acceptance of Trial
- Article 313 : Estimation of Price
- Article 314 : Sale at Market Price
- Article 315 : Effect of Not Specifying the Price
- Article 316 : Sales of Trust, and Fraud in Bargaining Sales
- Article 317 : Entitlement to the Price in Sale
- Sub-section 2 : Effects of Sale Contract
- Firstly : Obligations of the Seller
- Article 318 : Transfer of Ownership of the Sold Item
- Article 319 : Obligation of the Seller to Transfer Ownership
- Article 320 : Suspension of Transfer of Ownership of the Sold Item
- Article 321 : Condition of the Sold Item upon Delivery and Bearing the Costs of Delivery
- Article 322 : Delivery of Accessories and Appurtenances of the Sale
- Article 323 : Emergence of Surplus or Deficiency in the Sale, and the Statute of Limitations on the Claim
- Article 324 : Methods of Delivery of Goods
- Article 325 : Buyer's Possession of the Goods Before Sale
- Article 326 : Cases of Delivery of Sold Goods
- Article 327 : Destruction or Damage of the Sold Item Before Delivery Due to the Buyer's Actions
- Article 328 : Destruction of the Sold Item or Part Thereof Before Delivery by the Seller or a Third Party
- Article 329 : Destruction of the Sold Item or Part Thereof Before Delivery Due to a Cause Not Attributable to Either Contracting Party or a Third Party
- Article 330 : Seller's Warranty Against Disturbance to the Buyer and the Integrity of the Sale from Any Third-Party Rights
- Article 331 : Claim for Entitlement to the Sold Item
- Article 332 : Warranty of Title for the Sold Item
- Article 333 : Settlement of the Buyer with the Claimant of the Sold Item
- Article 334 : Approval of Sale by the Entitled Seller
- Article 335 : Non-approval of sale by the entitled party for the sold item
- Article 336 : The Buyer's Right to Rescind if Part of the Sold Item is Claimed by a Third Party
- Article 337 : Exemption of the Seller from Warranty of Entitlement
- Article 338 : Defect Warranty and Option for Defect
- Article 339 : Expiration of Warranty for Defects
- Article 340 : Duration of Defect Option
- Article 341 : Waiver of Defect Option
- Article 342 : Effect of Separating the Transaction in the Option of Defect
- Article 343 : Exemption of the Seller from Warranty for Defects
- Article 344 : Statute of Limitations for Warranty Claims of Defects
- Second : Obligations of the Buyer
- Article 345 : Payment of Price
- Article 346 : Seller's Right to Retain Goods Until Payment is Fulfilled
- Article 347 : Buyer's Receipt of the Sold Item Before Payment
- Article 348 : Place of Payment
- Article 349 : Buyer's Withholding of Payment Due to a Claim of Entitlement to the Sold Item
- Article 350 : Effect of Buyer's Breach of Payment Deadline
- Article 351 : Place of Delivery of the Sold Goods
- Article 352 : Bearing the Costs of Sale
- Sub-section 3 : Sale during Terminal Illness
- Article 353 : The Reality of Terminal Illness
- Article 354 : Effect of Sale and Purchase by a Terminally Ill Patient
- Article 355 : Validity of Sale by a Terminally Ill Patient for the Buyer's Disposal
- Sub-section 4 : Sale by an Agent to Himself
- Article 356 : Purchase by the deputy and those in equivalent positions of what they are entrusted to sell
- Article 357 : Validity of the Agent's Sale by Ratification
- Sub-section 5 : Sale of Litigious Rights
- Sub-section 6: : Sale of Third Party Property
- Section 2 : Contract of Exchange
- Article 361 : The Nature of the Barter Contract
- Article 362 : The Legal Status of Exchangers
- Article 363 : Deviation of Barter from Its Nature
- Article 364 : Bearing the Costs of the Barter Contract
- Article 365 : Application of the Provisions of the Contract of Sale to the Contract of Barter
- Section 3 : Gift Contract
- Sub-section 1 : Establishing a Gift Contract
- Article 366 : The Nature of the Gift Contract
- Article 367 : Conditional Gift with Obligation or Consideration
- Article 368 : Formation of a Gift Contract by Documentation or Delivery
- Article 369 : Gift of the Donor of What He Does Not Own
- Article 370 : Gift of Debt
- Article 371 : Gift of Common Property
- Sub-section 2 : Effects of a Gift Contract
- Article 372 : Warranty of the Gifted's Entitlement and Freedom from Defects
- Article 373 : Obligation of the Donee in a Conditional Gift
- Article 374 : Attachment of a Real Right to the Gifted Property
- Article 375 : Bearing the Costs of the Gift
- Sub-section 3 : Revocation of Gift
- Article 376 : Revocation of a Gift
- Article 377 : Extinguishment of the Right to Revoke a Gift Upon the Death of Either Party
- Article 378 : Effect of Revocation of a Gift
- Article 379 : Cases of Non-Recovery of the Gifted Item Upon Revocation of the Gift
- Article 380 : Entitlement to the Value of the Gift in Lieu of its Object
- Article 381 : Compensation of the Gifted to the Donor
- Section 4 : Loan Contract
- Article 382 : The Nature of the Loan Contract
- Article 383 : Formation of the Loan Contract by Delivery
- Article 384 : Capacity in the Loan Contract
- Article 385 : Condition of Increase in Loan Repayment
- Article 386 : Guarantee of the Right to Borrowed Money and Its Freedom from Defects
- Article 387 : Time for Loan Repayment
- Article 388 : Return of the borrowed item or its value
- Article 389 : Place of Loan Repayment
- Article 390 : Bearing the Costs of the Loan and the Costs of Fulfilling It
- Section 5 : Reconciliation Contract
- Article 391 : The Nature of the Settlement Agreement
- Article 392 : Capacity of the Conciliator
- Article 393 : Settlement of the Discerning Minor
- Article 394 : Condition of the Settled Matter
- Article 395 : Settlement with Ignorance in the Right it Includes
- Article 396 : Settlement with Acknowledgment of the Right, Denial, or Silence Regarding It
- Article 397 : Settlement on part of the right, or postponement or acceleration of the debt
- Article 398 : Settlement with Each Party Retaining the Right Claimed Against Them
- Article 399 : The Right Arising from Settlement and the Applicability of Compensation Provisions to It
- Article 400 : Interpretation of Waiver Clauses in Settlement Agreements
- Article 401 : Effect of the Settlement Agreement
- Article 402 : Scope of the Effect of the Settlement Agreement
- Section 6 : Competition Contract
- Chapter 2 : Usufruct Contracts
- Section 1 : Lease Contract
- Sub-section 1 : Establishing a Lease Contract
- Article 407 : The Nature of the Lease Contract
- Article 408 : Place of Employment
- Article 409 : Estimation of Wages
- Article 410 : Advancement, Postponement, or Installment of Wages
- Article 411 : Increase or Decrease in Wages
- Article 412 : Commencement of Lease Term
- Article 413 : Determination of Lease Duration
- Article 414 : Addition of Lease Contract to a Future Term
- Article 415 : Extension of Lease Term - After Expiration - Due to Necessity
- Sub-section 2 : Obligations of the Lessor
- Article 416 : Delivery of the Leased Property
- Article 417 : Refusal to Deliver the Leased Property Until the Advance Rent is Paid
- Article 418 : Application of the Provisions of Delivery of Sold Goods to the Delivery of Leased Property
- Article 419 : Necessary Repairs for the Leased Property
- Article 420 : Total Destruction of the Leased Property
- Article 421 : Partial Destruction or Diminution of the Leased Property's Benefit
- Article 422 : Tenant's Construction or Repairs on the Leased Property
- Article 423 : Enabling the Lessee to Use the Leased Property Without Interference, and Third-Party Interference with the Leased Property Due to Legal Reasons (Warranty of Quiet Enjoyment)
- Article 424 : Interference by Third Parties with the Leased Property Without Legal Justification, and Diminution of Enjoyment Due to Actions by a Public Authority
- Article 425 : Warranty of the Leased Property Being Free from Defects
- Article 426 : Effect of Defect in the Leased Property
- Article 427 : Exemption from Warranty of Eviction or Freedom of the Leased Property from Defects
- Article 428 : Sale of Leased Property
- Sub-section 3 : Obligations of the Lessee
- Article 429 : Payment of Wages, and Wages for the Period Elapsed Before Delivery of the Leased Property
- Article 430 : Preservation of the Leased Property
- Article 431 : Limits on the Use of the Leased Employee
- Article 432 : Change of Tenant in the Leased Property
- Article 433 : Lessee's Maintenance of the Leased Property
- Article 434 : Necessary Repairs for the Preservation of the Leased Property
- Article 435 : Return of the Leased Property After Termination of the Lease Agreement
- Article 436 : Creation of Benefit by the Lessee in the Leased Property
- Article 437 : Subleasing by the Lessee or Assignment of the Contract
- Article 438 : Lessee's Limitations on Subleasing or Assignment of the Lease
- Article 439 : Substitution of the Assignee in Place of the Lessee
- Sub-section 4 : Termination of Lease Contract
- Article 440 : Termination of Lease Contract, Automatic Renewal, or Continuation of Lessee's Benefit
- Article 441 : Effect of the Death of One of the Contracting Parties on the Termination of the Lease Agreement
- Article 442 : Termination of Lease Agreement Due to an Emergency Excuse
- Sub-section 5 : Agricultural Lease
- Article 443 : Lease of Land for Agriculture
- Article 444 : Lease of Land Occupied by Crops - To a Non-Tenant - Completed Lease for Agriculture
- Article 445 : Lease of Land Occupied by Crops - To a Non-Tenant - Lease with a Deferred Term
- Article 446 : Contents of the Land Lease Contract for Agriculture
- Article 447 : Leasing of Land for Agriculture Without Specifying the Gender and Type of Crop
- Article 448 : Expiration of Land Lease for Agriculture Before the Crop Reaches Harvest
- Article 449 : Land Repairs and Maintenance
- Article 450 : Destruction of Crops Before Harvest Due to Force Majeure
- Section 2 : Loan for Use Contract
- Sub-section 1 : Establishing a Loan for Use Contract
- Article 451 : Nature of the Loan Contract
- Article 452 : Formation of the Loan for Use Contract by Delivery
- Article 453 : Return of the Borrowed Item
- Sub-section 2 : Effects of Loan for Use Contract
- Article 454 : Warranty of the Right to the Borrowed Item and Its Freedom from Defects
- Article 455 : The Required Care in Preserving the Loaned Item
- Article 456 : Bearing the Costs of the Loaned Item, Its Maintenance, and Return
- Article 457 : Effect of Restriction and Its Absence on the Use of the Loaned Item
- Article 458 : Creation by the Borrower of a Right for Others in the Borrowed Item
- Sub-section 3 : Termination of Loan for Use Contract
- Chapter 3 : Work Contracts
- Section 1 : Contract for Service
- Sub-section 1 : Establishing a Contract for Service
- Article 461 : The Nature of the Contract for Work
- Article 462 : Provision of Materials in a Contract for Work
- Sub-section 2 : Obligations of the Contractor
- Article 463 : Specifications of Materials Provided by the Contractor, and the Required Care in Preserving Materials Provided by the Employer
- Article 464 : Bearing the Expenses Required for the Completion of Work
- Article 465 : Duration of the Contract for Work
- Article 466 : Breach of Contractual Terms by the Contractor
- Article 467 : Destruction or Damage of the Object Due to Causes Beyond the Contractor's Control
- Sub-section 3 : Obligations of the Client
- Article 468 : Receipt of Work from the Contractor
- Article 469 : Fulfillment of Wage Obligation
- Article 470 : Increase in the Contract for Work by Measurement
- Article 471 : Increase in Design Contract
- Article 472 : Determination of Unspecified Wage
- Sub-section 4 : Subcontracting
- Article 473 : Assignment of Work to a Subcontractor and the Responsibility of the Original Contractor
- Article 474 : Subcontractor's Claim Against the Employer
- Sub-section 5 : Termination of Contract for Service
- Article 475 : Termination of the Contract of Employment
- Article 476 : Termination of the Contract for Unexpected Circumstances
- Article 477 : Contractor's Inability to Complete the Work Due to a Reason Beyond Their Control
- Article 478 : Effect of the Contractor's Death on the Termination of the Contract
- Section 2 : Employment Contract
- Section 3 : Power of Attorney Contract
- Sub-section 1 : Establishing a Power of Attorney Contract
- Article 480 : The Nature of the Agency Contract
- Article 481 : Unconditional or Conditional Agency, or its Suspension on a Condition, or its Addition to a Term
- Article 482 : General Agency Without Specification
- Article 483 : Special Agency for a Specific Type of Transactions
- Article 484 : Agency in Non-Administrative Matters
- Article 485 : Subsequent Leave for Conduct
- Sub-section 2 : Obligations of the Agent
- Article 486 : The Right to Act on Matters Covered by the Power of Attorney, the Funds Received by the Agent on Behalf of the Principal, and the Agent's Actions in the Best Interest of the Principal
- Article 487 : Due Diligence in Agency
- Article 488 : Multiplicity of Agents in the Same Matter
- Article 489 : Delegation of Authority by the Agent to Another
- Article 490 : Agent's Purchase at More Than the Market Price
- Article 491 : Agent's Purchase of a Specific Item for Himself and the Purchase Made from His Own Funds or the Funds of the Beneficiary
- Article 492 : Purchase by the Agent at a Loss or for More than Authorized, and Purchase for Himself in the Presence of the Principal
- Article 493 : The Agent's Payment of the Purchase Price from His Own Funds
- Article 494 : Determination of the Agent's Sale Price, and the Agent's Sale at a Reduced Price
- Article 495 : The Agent's Purchase for Himself of What He Was Commissioned to Sell, or Its Sale to Someone Who Benefits Him
- Article 496 : Agent's Sale on Deferred Payment
- Article 497 : Providing the Principal with Information
- Sub-section 3 : Obligations of the Principal
- Article 498 : Payment of the Agent's Wage, and Lack of Agreement on Wage Payment
- Article 499 : Bearing the Costs of Agency Execution
- Article 500 : Liabilities of the Agent Arising from the Execution of the Agency and Damages Incurred Therefrom
- Article 501 : Application of Agency Provisions in Contracting on the Principal-Agent Relationship with Third Parties
- Sub-section 4 : Termination of Power of Attorney Contract
- Section 4 : Deposit Contract
- Sub-section 1 : Establishing a Deposit Contract
- Article 506 : The Nature of the Deposit Contract
- Article 507 : Compensation for Safekeeping of Deposit
- Article 508 : Formation of a Gratuitous Deposit Contract by Delivery
- Sub-section 2 : Obligations of the Depositary
- Article 509 : The Required Care in Safekeeping the Deposit, and the Custody by a Non-Depository
- Article 510 : Depositing the Deposit with a Third Party
- Article 511 : Use of the Deposit by the Depositary
- Sub-section 3 : Obligations of the Depositor
- Article 512 : Payment of Wages
- Article 513 : Bearing the Costs of Deposit Maintenance
- Article 514 : Bearing the Costs of Returning and Delivering the Deposit, and Compensating the Depository for Damages
- Sub-section 4 : Termination of Deposit Contract
- Section 5 : Receivership Contract
- Article 517 : Nature of the Security Contract
- Article 518 : Appointment of the Guardian
- Article 519 : Multiplicity of Guards
- Article 520 : Application of the Provisions of Deposit and Agency to the Custodian if the Custody Contract or Judicial Decision Regarding Custody Does Not Specify the Custodian's Obligations and Rights
- Article 521 : Due Diligence in Safeguarding and Managing Funds
- Article 522 : Actions of the Custodian Beyond Preservation and Management Duties
- Article 523 : Providing Stakeholders with Information
- Article 524 : Bearing the Costs of Guardianship
- Article 525 : Guard's Wage
- Article 526 : Relinquishment of the Guardian's Duties
- Article 527 : Termination of the Guarding Contract
- Chapter 4 : Partnership Contracts
- Article 528 : Requirement for Written Partnership Contracts
- Section 1 : Company Contract
- Sub-section 1 : Establishing a Company Contract
- Article 529 : The Nature of the Partnership Contract and Its Scope of Application
- Article 530 : Provisions on Certain Types of Partners' Shares
- Article 531 : The establishment of the company based on the joint liability of partners for their obligations
- Article 532 : Determination of Partners' Shares and Increase of a Partner's Share
- Article 533 : Application of the Provisions of the Sale or Lease Contract to the Guarantee of a Partner's Share
- Sub-section 2 : Effects of Company Contract
- Article 534 : Distribution of Profits and Allocation of Losses
- Article 535 : Stipulation of a Specific Amount of Profit or Exemption from Loss
- Article 536 : Method of Profit Distribution
- Article 537 : Management and Disposition of Company Funds
- Article 538 : Inspection of the Company's Books and Documents
- Article 539 : Due Care in Managing the Company and Disposing of Its Assets
- Article 540 : Gift or Loan from Company Funds
- Article 541 : Partner's Use of Company Funds for Personal Benefit and Reimbursement of Expenses Incurred for the Company's Interest
- Article 542 : Claim of a Personal Creditor Against a Partner's Share
- Article 543 : Exhaustion of the Company's Debts of All Its Assets, and Joint Liability of Partners
- Sub-section 3 : Termination of Company Contract
- Article 544 : Expiration of the Company's Term or Purpose, and Continuation of Partners in the Company's Activities After Expiration of its Term or Purpose
- Article 545 : Withdrawal of a Partner from the Company
- Article 546 : Expulsion of a Partner from the Company
- Article 547 : Effect of the Death of a Partner, or Imposition of Guardianship, Insolvency, Commencement of Liquidation Proceedings, or Withdrawal on the Termination of the Partnership Agreement
- Article 548 : Effect of the Termination of the Company on the Rights of One Partner Without Affecting the Others
- Article 549 : Liquidation of the Company and Distribution of its Assets
- Section 2 : Mudaraba Contract
- Sub-section 1 : Establishing a Mudaraba Contract
- Sub-section 2 : Effects of Mudaraba Contract
- Article 552 : Delivery of Mudaraba Capital
- Article 553 : What is Established for the Speculator After Receiving the Capital of the Speculation
- Article 554 : Providing the Employer with Information
- Article 555 : Limits of the Speculator in an Unrestricted or Restricted Mudaraba Contract
- Article 556 : Mixing the Mudarib's Capital with His Own or Delivering It to Another for Mudaraba
- Article 557 : Effect of Diminished Mudaraba Capital
- Article 558 : Share of Contractors in Profit
- Article 559 : Stipulation of a Specific Amount of Profit, Exclusive Entitlement of a Contracting Party to Excess Over a Certain Limit, Alteration of Each Contracting Party's Share, and Combination of Wages and Profit
- Article 560 : Entitlement of the Contractor to Their Share of the Profit
- Sub-section 3 : Termination of Mudaraba Contract
- Article 561 : Termination of the Mudaraba Contract
- Article 562 : Withdrawal of a Party from a Mudaraba Contract
- Article 563 : Obligations of the Speculator upon Termination of the Speculation Contract
- Article 564 : Return of Capital to the Owner at the End of the Mudarabah, and the Impact of Delay in Doing So
- Article 565 : Effect of the Death, Incapacity, Insolvency, Initiation of Liquidation Proceedings, or Withdrawal of a Contracting Party on the Termination of the Partnership Agreement
- Section 3 : Output Sharing Contract
- Sub-section 1 : General Provisions
- Article 566 : The Nature of the Profit-Sharing Contract
- Article 567 : Obligations of the Employer and the Worker, Bearing the Costs of Preserving and Exploiting the Asset, and Hiring Workers at the Worker's Expense
- Article 568 : Entitlement to Share of Output and Consequences of Termination of Output Sharing Contract
- Article 569 : Effect of Annulment of the Profit-Sharing Contract
- Article 570 : Termination of the Profit-Sharing Contract and the Effect of the Death of One of the Contracting Parties on the Termination of the Profit-Sharing Contract
- Sub-section 2 : Agricultural Partnership Contract
- Article 571 : The Nature of the Agricultural Partnership Contract
- Article 572 : Who Provides the Seeds and Plants
- Article 573 : Requirement of an Uncommon Quantity of Output or Product or Specific Location of Land or Trees
- Article 574 : Duration of Agricultural Partnership Contract
- Article 575 : Worker's Refusal to Work
- Article 576 : Entitlement to a Share of the Output
- Article 577 : Worker's Request to Terminate the Agricultural Partnership Contract Due to an Emergency Reason
- Chapter 5 : Suretyship and Insurance Contracts
- Section 1 : Suretyship Contract
- Sub-section 1 : Establishing a Suretyship Contract
- Article 578 : Nature of the Sponsorship Contract
- Article 579 : Formation of Suretyship and Debtor's Consent Thereto
- Article 580 : The Competence of the Guarantor and the Effect of Terminal Illness on the Validity of the Guarantee
- Article 581 : Validity of the Guaranteed Obligation
- Article 582 : Execution of Sponsorship or Its Suspension on a Condition, or Its Timing or Addition to a Term
- Article 583 : Suretyship in Future or Conditional Debt
- Article 584 : Suretyship for an Amount Greater than the Debt with Stricter Conditions than the Guaranteed Obligation, or Less than the Debt with More Lenient Conditions
- Sub-section 2 : Effects of Suretyship Contract
- Article 585 : Obligation of the Sponsor in Absolute Sponsorship
- Article 586 : Guarantee of a Current Debt as a Deferred Guarantee
- Article 587 : What the Sponsor Demands in Temporary Sponsorship
- Article 588 : The Meaning of Debt Securities and the Discharge of the Guarantor if the Creditor Loses Them
- Article 589 : The Effect of Not Demanding the Debtor for the Debt After Its Maturity on the Guarantee
- Article 590 : Effect of the Creditor's Failure to Claim After the Commencement of the Debtor's Liquidation Proceedings on the Guarantee
- Article 591 : Recourse of the Creditor Against the Guarantor Before Demanding the Debtor, and Execution Against the Guarantor Before Stripping the Debtor of Assets
- Article 592 : Request of the Guarantor for Discharge, and the Creditor's Responsibility towards the Guarantor for the Debtor's Insolvency
- Article 593 : Joint Liability of Sponsors
- Article 594 : Claim by the Sponsor for a Debt Secured by a Real Guarantee
- Article 595 : Multiple Guarantors for a Single Debt and Their Claims
- Article 596 : Recourse of a Joint Guarantor Upon Fulfillment of the Debt Against the Others
- Article 597 : Recourse of the Guarantor Against the Debtor, and the Acceleration of the Guarantor's Payment of the Deferred Debt
- Article 598 : Obligations of the Creditor Towards the Guarantor Upon Fulfillment of the Debt
- Article 599 : Subrogation of the Guarantor in Place of the Creditor by Settling the Entire Debt or Part Thereof
- Article 600 : Effect of the Guarantor's Fulfillment of the Debt with Something Other than or Less Than the Debt on Recourse Against the Debtor
- Article 601 : Notification to the Guarantor Debtor of the Extinction or Nullification of the Debt
- Article 602 : Recourse of the Guarantor Against Joint Debtors
- Sub-section 3 : Termination of Suretyship Contract
- Article 603 : Discharge of the Guarantor by the Discharge of the Debtor, and the Guarantor's Assertion of the Debtor's Defenses
- Article 604 : The Effect of the Creditor's Acceptance of Fulfillment of the Debt with Something Else on the Contract of Suretyship
- Article 605 : Effect of Debtor or Guarantor Assignment on the Contract of Guarantee and Debt
- Article 606 : Effect of the Death of the Guarantor or Debtor on the Termination of the Surety Contract
- Section 2 : Insurance Contract