The nature of the conditional amnesty for the right of retribution
Amnesty of retribution right is arising from will and has legal effect. Legal acts are divided into two categories according to popularity. Amnesty is divided into absolute and conditional categorization. Absolute amnesty is considered unilateral legal act, and it is entrusted to the world with the...
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| Format: | Article |
| Language: | fas |
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Semnan University
2019-12-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_3843_736b371b5b4bca371980a7691e825e4c.pdf |
| _version_ | 1827342221717798912 |
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| author | Zohreh Nikamal Mostafa Mohaghegh Damad Ahmad Bagheri |
| author_facet | Zohreh Nikamal Mostafa Mohaghegh Damad Ahmad Bagheri |
| author_sort | Zohreh Nikamal |
| collection | DOAJ |
| description | Amnesty of retribution right is arising from will and has legal effect. Legal acts are divided into two categories according to popularity. Amnesty is divided into absolute and conditional categorization. Absolute amnesty is considered unilateral legal act, and it is entrusted to the world with the will of the owner of the Qisas right, but the nature of the conditional amnesty is hesitant. Due to the importance of the amnesty and the effect of its nature on the sentences and consequences, it is necessary to determine the nature of the conditional amnesty. The presumption of the conditional amnesty to be a contract is rejected for reasons such as the lack of paternity of dissatisfaction, irreducibility, the impossibility of placing the rescission option in it, and the non-possession of an exile in a royal estate on the property and his life. Naturally, by rejecting these reasons, It is proved to be unilateral legal act. In addition, based on the principle of non- guardianship of people to each other and according of the condition with the requirement of pardon, its validity can be verified as unilateral legal act, although for the necessity of satisfaction the one who is forgiven of the amnesty in the conditional amnesty, it can be considered as special contract . Therefore, the conditional amnesty as unilateral legal act and its effects, they are subject to the general rules of unilateral legal act and will be distinguished from the other contract like compromise of Qisas right. |
| first_indexed | 2024-03-07T22:04:34Z |
| format | Article |
| id | doaj.art-bf85c610f8584296bf4070c8c0a16e56 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:34Z |
| publishDate | 2019-12-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-bf85c610f8584296bf4070c8c0a16e562024-02-23T23:19:50ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302019-12-01112134537010.22075/feqh.2019.16151.17823843The nature of the conditional amnesty for the right of retributionZohreh Nikamal0Mostafa Mohaghegh Damad1Ahmad Bagheri2Phd Student of Tehran UniversityProfessor of Shahid Beheshti UniversityProfessor of Tehran UniversityAmnesty of retribution right is arising from will and has legal effect. Legal acts are divided into two categories according to popularity. Amnesty is divided into absolute and conditional categorization. Absolute amnesty is considered unilateral legal act, and it is entrusted to the world with the will of the owner of the Qisas right, but the nature of the conditional amnesty is hesitant. Due to the importance of the amnesty and the effect of its nature on the sentences and consequences, it is necessary to determine the nature of the conditional amnesty. The presumption of the conditional amnesty to be a contract is rejected for reasons such as the lack of paternity of dissatisfaction, irreducibility, the impossibility of placing the rescission option in it, and the non-possession of an exile in a royal estate on the property and his life. Naturally, by rejecting these reasons, It is proved to be unilateral legal act. In addition, based on the principle of non- guardianship of people to each other and according of the condition with the requirement of pardon, its validity can be verified as unilateral legal act, although for the necessity of satisfaction the one who is forgiven of the amnesty in the conditional amnesty, it can be considered as special contract . Therefore, the conditional amnesty as unilateral legal act and its effects, they are subject to the general rules of unilateral legal act and will be distinguished from the other contract like compromise of Qisas right.https://feqh.semnan.ac.ir/article_3843_736b371b5b4bca371980a7691e825e4c.pdfamnestyconditionforgivenessqisas right |
| spellingShingle | Zohreh Nikamal Mostafa Mohaghegh Damad Ahmad Bagheri The nature of the conditional amnesty for the right of retribution مطالعات فقه و حقوق اسلامی amnesty condition forgiveness qisas right |
| title | The nature of the conditional amnesty for the right of retribution |
| title_full | The nature of the conditional amnesty for the right of retribution |
| title_fullStr | The nature of the conditional amnesty for the right of retribution |
| title_full_unstemmed | The nature of the conditional amnesty for the right of retribution |
| title_short | The nature of the conditional amnesty for the right of retribution |
| title_sort | nature of the conditional amnesty for the right of retribution |
| topic | amnesty condition forgiveness qisas right |
| url | https://feqh.semnan.ac.ir/article_3843_736b371b5b4bca371980a7691e825e4c.pdf |
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