Bibliographie sélective OHADA

Islamic banking is marked by its use of overly generous terms that are likely to apply to multiple factual situations forming more disputes than the law is supposed to settle, these terms are chosen in the style of Islamic Shariah and are considered as statements of Islamic principles rather than as the enactment of legal rules directly applicable to the facts and therefore able to propose solutions. Wishing to gain a better understanding of this young institution, the Musharakah contract in real estate financing. And as a result of our study and final arguments: this thesis will be a legal theory describing with legal simplicity the complex concept of the Musharakah contract in Islamic real estate financing in comparative law. In addition to the fact that the law must be normative, intelligible, in other words readable, clear and precise. Thus, our thesis is a research of analysis and demonstration, making the Musharakah contract in real estate financing go beyond the purely Islamic context and explicitly position it in a universal legal field as: "a legal regime of a contractual structure combining the company contract and the trust contract".

Islamic banking is marked by its use of overly generous terms that are likely to apply to multiple factual situations forming more disputes than the law is supposed to settle, these terms are chosen in the style of Islamic Shariah and are considered as statements of Islamic principles rather than as the enactment of legal rules directly applicable to the facts and therefore able to propose solutions. Wishing to gain a better understanding of this young institution, the Musharakah contract in real estate financing. And as a result of our study and final arguments: this thesis will be a legal theory describing with legal simplicity the complex concept of the Musharakah contract in Islamic real estate financing in comparative law. In addition to the fact that the law must be normative, intelligible, in other words readable, clear and precise. Thus, our thesis is a research of analysis and demonstration, making the Musharakah contract in real estate financing go beyond the purely Islamic context and explicitly position it in a universal legal field as: "a legal regime of a contractual structure combining the company contract and the trust contract".