Supply contract and its juristic characterization

תקציר

The research provides a vision of the supply contract and its legitimacy. It includes an agreement between the seller and the purchaser upon the sale of goods or the provision of services once or on stages in return for a price to be paid according to the agreement or when the goods or services are provided. It has been demonstrated that contemporary jurists see that this contract is one of the contemporary contracts, as their opinions are different, because of the difference in the juridical characterization of this contract, so that if the subject matter of the contract is a commodity that needs to be manufactured, the contract shall be characterized to be an Istisnᾱ'a contract, and if the subject matter of the contract is a service provided, the contract shall be lease contract.

However, if the subject matter of the contract in Supply Contract is purchasing a commodity, then the jurists have resorted to several doctrines to characterize the contract, as some of them have characterized the same based on similar nominate contracts, as some have characterized the same to be  Salam (Advance Payment) Agreement; some of them have characterized the same to be as sale contract on description; some have considered as the same to be binding deal; some have characterized the same to have of the image of purchase of a permanent work, some of them have resorted to ensnarement sale because of the similarity between them; and some of them have characterized the same to be a contract that has its own nature and that is different from the previous contracts.