The Conditions of the Contracting Parties in the Contract in Jurisprudence and Law

Abstract

The purpose of this research is to examine the conditions of the contracting parties in the contract in jurisprudence and law. The research method is descriptive and analytical using library resources. Investigations showed that among the conditions of contracting parties are maturity, reason, authority, ownership, possession and intention. Islamic jurists have two views about Sabi Memiz transactions. The point of view that considers Sabi Memiz as one of those who are imprisoned and detained, from trading, and they consider the realization of maturity and growth as two necessary conditions to remove Sabi's stone. The point of view that in Sabi Meeez's trade license considers the realization of growth as a basic condition for their possession, regardless of whether puberty has been achieved or not. Another condition of the seller and buyer is intelligence. On the other hand, all jurists agree on the necessity of intention in interactions; however, there is a difference of opinion among the jurists regarding the position of intention and intention. Also, if someone sells someone else's property, i.e. other than these persons, it will be based on the permission of the owner and does not require a new contract. Also, a prudish sale is based on the permission of the original owner, otherwise it is invalid and the silence of the owner is not enough. Article 252 BC states that permission or rejection does not have to be immediate.