The stone requirement as an effective tool in financing and investment: a jurisprudential study with contemporary applications

Abstract

This study aimed to highlight one of the effective tools in collecting money. This study came to explain the concept of the precautionary clause, explain its ruling, and the controls for permitting its use in contracts with some applications. It turns out that the precautionary clause is a negative obligation on the part of one of the contracting parties to refrain from taking action in favor of the other party to achieve a specific benefit for him. It is permissible to use this condition in a contract if it serves a benefit and does not involve something forbidden, and the prohibition is temporary and other conditions. Some contemporary applications of this condition have also been explained, along with an explanation of its impact on investment and finance, and the most prominent contemporary applications to it are the commercial non-competition condition.