Addressing capacity in the jurisprudence and statute law of Iran
In the jurisprudence is well known that each of the parties to the contract should have the competence and capacity to conclusion the contract in time of creating by another and between the two creations. According to jurisprudence they must have the addressing capacity. that means since creating of...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2016-11-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1960_c674a60d9d282265cf6f7fa08ed63bef.pdf |
| _version_ | 1797296409510150144 |
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| author | نادر پورارشد محمّد ریاحی |
| author_facet | نادر پورارشد محمّد ریاحی |
| author_sort | نادر پورارشد |
| collection | DOAJ |
| description | In the jurisprudence is well known that each of the parties to the contract should have the competence and capacity to conclusion the contract in time of creating by another and between the two creations. According to jurisprudence they must have the addressing capacity. that means since creating offer , each party should maintain their competence until completion of the contract and connect acceptance to offer ; and death , madness , mental incapacity , bankruptcy , stupor , sleeping or drunk on them shouldn’t occur. There are many differences of opinion among the jurisconsults in this field. In Iran law also legislature has remained silent and hasn’t express anything about it. Thus, the field is open for making comments and needs jurists to provide solutions after examine juridical basics and principles. However, it seems that having intact creation will, in time of creating by creator is enough and that Convincing evidence about existence and continuity of it to the end of the contract can’t be seen. |
| first_indexed | 2024-03-07T22:04:18Z |
| format | Article |
| id | doaj.art-704c0020ac7541329bce4c90b5cc80cf |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:18Z |
| publishDate | 2016-11-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-704c0020ac7541329bce4c90b5cc80cf2024-02-23T23:18:54ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302016-11-0181510913010.22075/feqh.2017.19601960Addressing capacity in the jurisprudence and statute law of Iranنادر پورارشدمحمّد ریاحیIn the jurisprudence is well known that each of the parties to the contract should have the competence and capacity to conclusion the contract in time of creating by another and between the two creations. According to jurisprudence they must have the addressing capacity. that means since creating offer , each party should maintain their competence until completion of the contract and connect acceptance to offer ; and death , madness , mental incapacity , bankruptcy , stupor , sleeping or drunk on them shouldn’t occur. There are many differences of opinion among the jurisconsults in this field. In Iran law also legislature has remained silent and hasn’t express anything about it. Thus, the field is open for making comments and needs jurists to provide solutions after examine juridical basics and principles. However, it seems that having intact creation will, in time of creating by creator is enough and that Convincing evidence about existence and continuity of it to the end of the contract can’t be seen.https://feqh.semnan.ac.ir/article_1960_c674a60d9d282265cf6f7fa08ed63bef.pdfaddressing capacityparties to the contractofferwill retain |
| spellingShingle | نادر پورارشد محمّد ریاحی Addressing capacity in the jurisprudence and statute law of Iran مطالعات فقه و حقوق اسلامی addressing capacity parties to the contract offer will retain |
| title | Addressing capacity in the jurisprudence and statute law of Iran |
| title_full | Addressing capacity in the jurisprudence and statute law of Iran |
| title_fullStr | Addressing capacity in the jurisprudence and statute law of Iran |
| title_full_unstemmed | Addressing capacity in the jurisprudence and statute law of Iran |
| title_short | Addressing capacity in the jurisprudence and statute law of Iran |
| title_sort | addressing capacity in the jurisprudence and statute law of iran |
| topic | addressing capacity parties to the contract offer will retain |
| url | https://feqh.semnan.ac.ir/article_1960_c674a60d9d282265cf6f7fa08ed63bef.pdf |
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