نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته دکتری فقه و حقوق خصوصی دانشگاه شهید مطهری و مدرس دانشگاه
2 دانشهآموخته کارشناسی ارشد حقوق خصوصی دانشگاه تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
It often happens that the elements and content of contracts change as a result of several factors such as the condition of the contract, the time factor and common elements, and accordingly the title function of the contract is also the function that is defined for it in the jurisprudence of transactions. considered, it will be removed. This issue has caused a difference among Islamic jurists. Many Sunni jurists have raised this issue under the term between the apparent will and the inner will and have believed in changing the title of the contract based on the originality of the inner will, in contrast to many Shiite jurists, changing the function of the contract is contrary to the nature of the contract which has undergone transformation. They don't know the content of Shadaf and they consider the contract valid by referring to the sovereignty of the will and in contrast to some contemporary jurists and jurists, they believe in the evolution and change of the title of the contract, but not with the analysis presented by Sunni jurists. but have proposed this point of view by analyzing the common elements and the common effect. Some jurists also disagreed with the documentation of these statements and considered the marriage invalid.
In this research, I intend to examine various aspects of the functioning of contracts by referring to library sources and using analytical and descriptive methods. The result of the research shows that the promise of the authenticity of such contracts is close to authenticity without changing the title of the contract, and in this way, with the flexibility of the contracts, the maximum benefit of the contracts is provided to secure the interests of the people.
کلیدواژهها [English]
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