An Introduction to Permission and Refuse in Intrusive Contract

There is a dispute among the researchers about permission effect time in unauthorized contract. The most important question in this subject is whether the will of the authorized owner has played an active role to determine the effect time of permission or he has an passive will to grant this effect. If the authorized owner has an active will, based on the idea of Kashf (revealing of contract effects) , the owner can allow the contract from the time of permission, and vice versa, based on the idea of Naql (transference of rights), it is possible for the owner to allow the contract from when it has been made. But if the will of the owner is passive, the time of permission effect will be determined by the legislator and authorized owner just has the permission to reject or accept the transference. Whenever the authorized owner grants the permission, based on the idea of Kashf (revealing of contract effects), the contract is valid from the time of conclusion, and based on the idea of Naql (transference of rights), the contract will be enforced from the time of permission, and the authorized owner could not ask for a different order. In the present article, which is based on the analytical-descriptive method, it has been concluded that the authorized owner has an active role and the unauthorized contract will be effective from the time of his permission. It seems that from the time of permission, the contract will be effective If the permission would not be approved.