The Jurisprudential Examination of the Limitation in the Civil Affairs

With the pronouncement of the Guardianship Council which the limitation (prescription) principal is illegal, it is not accepted by the civil affairs in Iran law, although it explicitly has been known by the previous civil procedure. From one side, some authors try to prove this principal in Imami jurisprudence and determine reasons and traditions as legal proofs and confirmation. Is the limitation accepted by Imami jurisprudence or not? If it is accepted, can the civil limitation be waiver or putting in possession or only it prohibits litigation? Meanwhile, the present note recommends this principal to be accepted by Iran’s legal system because of reasoning and the necessity of maintaining the judicial system and also it proves that the limitation principal in the civil affairs is not accepted by Imami jurisprudence as the ‘first order’ of the Shari’ah. The traditions which prove this principal are criticized and defected and subsequently it presents that the discussion on putting in possession or waiver is a matter out of argument and not occurring of these two effects is indisputable affair among Islamic jurists.