نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 453
the partnership and the other partneraccords permission for example, if
he says: "I agree to the conclusion of that transaction" the profit and
loss belongs to both of them. 2167. If the partners conclude a transaction
with the capital .f the partnership and it transpires later that the
partnership was invalid and if the position $ suchthat the permission
for the transaction was not conditional upon the validity of the
partnership in the sense that if the partners had known that the
partnership was notvalid, they would have agreed to appropriate the
property of one another, the transaction is in order, and whatever is
acquired from the transaction is the property of all ofthem. And if the
position is not this and in case the persons who have not been agreeable
to appropriation By others says "We agree to that transaction" the
transaction is inorder but otherwise it is void. And in either case if
any one has worked for the partnership and it has not been his intention
to work gratuitously, he can take the wages forhis services from the
other partners at the usual rate.
ORDERS REGARDING COMPROMISE 2168. Compromise means that a person may agree
to give to another person his own property or a part of the profit
gained from it, or may waive a debt or some right, and the other person
may also give him some property or profit from it or may waive his debt
or right in consideration of it; and even if a person gives to another
person his property or profit from it, or waives his debt or right
without claiming any consideration, the compromise will be in order. 2169. It is necessary that the person who gives
his property to another person by way of compromise should be adult, and
sane and should have the intention of making compromise, and none
should have compelled him to make the compromise, and he should not also
be a prodigal.
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 453