Interpretation of the Wording of Transactions with Reference to the Principle of Validity and Corruption and its Juridical and Legal Effects

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
One of the issues of jurisprudence and transaction law is related to the interpretation of the will of the transaction party and the legislator in the meaning of the words of transactions and determining the valid transaction from corrupt and its legal and jurisprudential effects. The meaning of transactions in the title of the issue is any type of jurisprudential and legal action, the realization of which is dependent on the execution of a specific recital. The question of the present research is whether the intention of the transaction party and the customary and shari'a legislator of the words of transactions only includes its correct state or does it also include its corrupt state? Answer to each question has its own jurisprudential and legal implications. This research was carried out with descriptive and analytical method and library tools and came to the conclusion that the reference for distinguishing custom in the interpretive principle of validity and corruption is carrying the meanings of the words of transactions on their authenticity.
Language:
Persian
Published:
Jurisprudence and the Fundaments of Islamic Law, Volume:56 Issue: 2, 2024
Pages:
303 to 320
https://www.magiran.com/p2727389  
سامانه نویسندگان
  • Bagheri Asl، Heydar
    Corresponding Author (1)
    Bagheri Asl, Heydar
    Professor Private Law Department, University Of Tabriz, تبریز, Iran
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