Just price and laesio enormis in Civil law and Islamic law

Aličić, Samir (2020) Just price and laesio enormis in Civil law and Islamic law. In: Uvod u šerijatsko pravo. Institut za uporedno pravo; Državni univerzitet Novi Pazar, Departman za pravne nauke, Beograd, pp. 133-146. ISBN 978-86-80186-61-0

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Abstract

Purpose of this article is presenting a short comparative analysis of the concept of just price and the institute of the rescission of contract in the case of inequality of prestations, with special review to the contract of sale. We will start with the origins of the concept of just price in antiquity and his further history. Than, we will compare the analogous concepts and institutes in the modern Civil law (Roman law based) codifications. After that, we will try to identify parallel concepts and institutes in the Islamic (Sharia, or Mohammedan) law, both historical and contemporaneous. The purpose of this research is to identify correlative institutes in both legal systems (Civil law and Islamic law), to analyse some similarities and differences between them, and to indicate possible lines of further development.

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