التنظيم القانوني لعقد التخارج في فمسطين
محمد محمود طو بريوش
Mohammad Mahmoud Brawish
The exit contract is one of the positions that have not been affected by legal scientific research, and it is a civil contract par excellence, it is a contract in which the heirs reconcile to remove some of them from the inheritance in exchange for a known fee, whether it is from the estate, or from the money of the private exited. The exit contract is like other contracts transferring ownership, as it is a sale contract and an heir to an heir, so there must be an existing and legitimate place that is capable of dealing in it, and he must have a legitimate reason, and that the contract is based on mutual consent, and the exit contract has special conditions, as a special contract between his heirs, And his place is limited to the inheritor's share of the inheritor's inheritance, and that the disposition takes place after death. The study dealt with the concept of exit, its definition, legality and legal adaptation, as well as its elements, conditions and special conditions, and its forms and conditions, and the ranks of the exit contract in terms of health, corruption and nullity, and the researcher dealt with the effects of the contract, its dissolution, termination, and judicial procedures related to the exit contract. The researcher aims in the first place to highlight the specificity of the shop in the exit contract and to discuss and analyze the legal texts regulating the subject in the laws in comparison with those provisions established by Islamic jurisprudence around it. Explicit texts dealing with the subject, and I have relied in this study on some comparative legal systems, such as the Jordanian, Syrian and Egyptian civil law and the Palestinian civil law project with the rules of Islamic understanding, in order to reach through it to show the rules for this contract and also requires identifying the principles of the exit contract, referring to the jurisprudence The Islamic Bank is to benefit from the understanding of the organization of this contract as the main original source of this contract.