The Extent of the Impact of the Merchant's Death on his Contracts in the Saudi System

(An analytical study)

Abstract

When examining the Saudi commercial system in a deep way, it became clear that the regulator gave a deep description of the provisions of the surviving merchant, while the deceased merchant was not, which raised many complications in the practical application. Due to organizational gaps, which requires bridging these gaps and addressing these problems with scientific research based on the integrative role between educational institutions and the regulatory, executive, and judicial authorities; from this standpoint, this research came in an attempt to clarify the extent of the impact of the death of the natural trader on his contracts in the Saudi system in order to contribute to the reduction of discounts, and the delay in dividing the legacies that are caused by ignorance of these effects, proceeding in preparing this research the analytical method to find the best solutions to the research problem after dividing it, relying on interpretation and criticism, the introduction to each issue with what it clarifies if necessary, and to collect scientific material from its sources according to the requirements of the research, and return to Islamic jurisprudence when I do not find an answer to the issue presented in the system, and I reached a number of results, most notably that the death of one of the two contracting parties After the offer was issued and before the acceptance of the one to whom it was directed, the offer is nullified, so the contract is not concluded posthumously with the acceptance of the one to whom the offer was directed after the death of the obligator, nor with the acceptance of the heirs of the offeree after his death, and that the effect of the death of the current merchant on the commercial mortgage contract that occurred on future money varies depending on the time If his death occurred before his possession of the future money, then the mortgage contract expires, but if his death was after his acquisition of the future money, then the contract remains and the mortgaged money - subject of the contract - is transferred to his heirs with the mortgage The fee does not end in the event of the death of the agent, but remains valid until the agent is informed of the death of his client, and proof of the agent’s knowledge or lack thereof falls on the heirs of the appointed merchant, and the research concluded with a number of recommendations, the most important of which is the addition of an article in the commercial mortgage system that deals with the impact of the trader’s death in the mandate on the management of the mortgaged money And its development and investment, and adding an article showing the impact of the trader's death on the commercial agencies system.