Contract to give books to researcher without sale (legal harmony library as an example) (a comparative analysis study)

Abstract

There is no doubt that books are considered as a significant source of information. Researchers rely on them for the purpose of doing their researches and due to different factors researchers borrow books from libraries for a certain period of time without having to buy them in order to take the benefit of them via concluding oral contract under which librarians are required to lend them for free. It is worth mentioning that this contract is among unnamed contracts and there is no special regulation for the rules of such contract. Therefore, after conducting research on this subject the research revealed that it is neither a loan contract nor a lease contract as there are some similarities between them in terms of some characteristics, however, there are some differences between them in some characteristics. Therefore, after conducting the action of legal qualification for the contract of lending books to researchers without selling them, we noticed that the characteristics of charitable acts would be applicable on such contract which is a kind of donation contract and it becomes a valid enforceable contract if the owner of the library owns the boo, but if he/she is not the owner of the book and  he/she dispose of the book, the contract becomes valid suspended contract and the rules of curious contract would applicable on it.