Research in Proving Reasons of Civil Liability of Used Interests in Imamieh Jurisprudence and Law
The used interests are the benefits that a person enjoys from them, after obtaining the property of another person. There is in Islamic jurisprudence a consensus of guarantee corpus of property but to the interests, there is a duality based on whether the interests such as corpus of property are they in the category of property, or are they not. The majority of jurists believe that the interests are the property because defining their interests is true as well as the purpose of property, their interests, and there is no valid reason for belonging to the corpus of property, also the custom and the word property include the corpus and usufruct. With reference to the fact that there are no tangible benefits, some jurists do not accept the inclusion of property on profit. The proponents of the first theory are on two attitudes. majority theory, for reasons such as legal formulas destruction, liability of unlawful possession, consistent usages law principles, have been guaranteed the benefits used, but the minority theory which is attributed to ibn Hamza by adhering to the advantages and interests of an object follows the risk rule does not guarantee the benefits used.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.