عــــقــــد الســـلــــم

Abstract

AbstractThe Islamic consists have talked about Loan Contract which has been known since many years. They have explained definition, rules and legal proofs of it. while the Iraqi civil law hasn't organized this contract, despite dealing with it, without explaining what they deal with is loan Contract, Whereas the Jordanian civil law has organized the rules of the Loan Contract in article 532 as an application of the contract of sale. This research consists of two chapters: the first is divided into three dements. The first chapter discusses what the Loan Contract is and distinguishes it forms the artificial contract. The first demand is divided into two branches. The first talks about the linguistic definition of the loan contract and the canon of AL-Hanafi and AL-Maleki. The second branch talks about the definition of Loan Contract in the law. The second demand includs the legal proofs and possibility of Loan contract in the Holy Qura’n and Suna. The third demand includs the elements of Loan contract and divided into two branches. The first branch talks about elements of the Loan Contract in canon. The second branch talks about elements in law. Finally, the second chapter talked about the effects of the Loan Contract between the seller and buyer. This chapter divided into three demands: the first demand talks about the rights and obligations between the seller and the buyer in canon. The second demand talks about the rights and obligation of them in law. The third demand includs application of the Loan Contract.