A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West
Nature of Reward is one of the subjects on which there is disagreement in Imamiyah Jurisprudence and Law. Recognition of the legal nature of Reward is of significance in terms of the conditions of fulfillment and its consequences and rules. The purpose of this article is recognizing the nature of Re...
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| Format: | Article |
| Language: | fas |
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University of Qom
2018-08-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1339_9efa70f7dd4fbddc4195cd413e88aa64.pdf |
| _version_ | 1827300737900609536 |
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| author | seyed mahdi dadmarzi Azam Heidari |
| author_facet | seyed mahdi dadmarzi Azam Heidari |
| author_sort | seyed mahdi dadmarzi |
| collection | DOAJ |
| description | Nature of Reward is one of the subjects on which there is disagreement in Imamiyah Jurisprudence and Law. Recognition of the legal nature of Reward is of significance in terms of the conditions of fulfillment and its consequences and rules. The purpose of this article is recognizing the nature of Reward in Imamieh Jurisprudence, Iranian law and law of the west. The Jurists and lawyers have expressed different views in this regard. In the Imamiyah Jurisprudence there is no separation between offer of reward to the public and offer of reward to the certain person and jurists have stated their opinions in general terms. In the Iranian Civil Code the nature of reward is not clearly explained and the term of obligation has been employed in an absolute way for refering to its nature. According to jurisprudential and legal analyses, it seems that reward have various external examples that can be determined in each case according to its requirements in the form of contract or unilateral juridical act or common causality. In law of the west, offer of reward to a certain person is not disputed and its nature is considered to be contractual. What is controversial is the offer of reward to the public. Some legal systems have accepted the the contractual approach and others have adopted the reward as a unilateral promise in which there is no need for acceptance and knowledge of the rewarder is not required except for the case of an explicit stipulation in the contract. |
| first_indexed | 2024-04-24T16:10:14Z |
| format | Article |
| id | doaj.art-a2fdc71235e8427a9eaaaab8c9f701eb |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:14Z |
| publishDate | 2018-08-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-a2fdc71235e8427a9eaaaab8c9f701eb2024-03-31T19:07:28ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212018-08-0152558010.22091/csiw.2019.1991.11941339A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the Westseyed mahdi dadmarzi0Azam Heidari1Assistant Professor, Department of Private Law, Faculty of Law, University of QomPh. D. Candidate in Private Law, Faculty of Law, University of Qom.Nature of Reward is one of the subjects on which there is disagreement in Imamiyah Jurisprudence and Law. Recognition of the legal nature of Reward is of significance in terms of the conditions of fulfillment and its consequences and rules. The purpose of this article is recognizing the nature of Reward in Imamieh Jurisprudence, Iranian law and law of the west. The Jurists and lawyers have expressed different views in this regard. In the Imamiyah Jurisprudence there is no separation between offer of reward to the public and offer of reward to the certain person and jurists have stated their opinions in general terms. In the Iranian Civil Code the nature of reward is not clearly explained and the term of obligation has been employed in an absolute way for refering to its nature. According to jurisprudential and legal analyses, it seems that reward have various external examples that can be determined in each case according to its requirements in the form of contract or unilateral juridical act or common causality. In law of the west, offer of reward to a certain person is not disputed and its nature is considered to be contractual. What is controversial is the offer of reward to the public. Some legal systems have accepted the the contractual approach and others have adopted the reward as a unilateral promise in which there is no need for acceptance and knowledge of the rewarder is not required except for the case of an explicit stipulation in the contract.https://csiw.qom.ac.ir/article_1339_9efa70f7dd4fbddc4195cd413e88aa64.pdfrewardcontractunilateral juridical actcommon causalitypromise of rewardunilateral contractunilateral promise |
| spellingShingle | seyed mahdi dadmarzi Azam Heidari A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West پژوهش تطبیقی حقوق اسلام و غرب reward contract unilateral juridical act common causality promise of reward unilateral contract unilateral promise |
| title | A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West |
| title_full | A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West |
| title_fullStr | A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West |
| title_full_unstemmed | A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West |
| title_short | A Comparative Study of Nature of Reward in Imamiyah Jurisprudence, Iranian Law and Law of the West |
| title_sort | comparative study of nature of reward in imamiyah jurisprudence iranian law and law of the west |
| topic | reward contract unilateral juridical act common causality promise of reward unilateral contract unilateral promise |
| url | https://csiw.qom.ac.ir/article_1339_9efa70f7dd4fbddc4195cd413e88aa64.pdf |
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