Description and interpretation of reasons for the unilateral or contractual feature of the testamentary disposition in religious jurisprudence and law, concentrating on the opinion of Mohammad Jafar Jafari Langroudi

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

There are clear definitions in Islamic religious jurisprudence and law to differentiate the contract from a unilateral legal act valid consequences, but there are also disputes on the topic between religious jurisdictions and lawyers in some legal affairs due to some similarities. The testamentary disposition, which means the testamentary disposition of real or personal property to another person all for free, is a legal matter that has been under dispute from past times. For the testamentary disposition, some accept its contractual nature, and some others admit its unilaterality by rejecting the reasons provided by the former side. Both sides have their own opinions, but here we aim to ascertain reasons for the unilaterality of the testamentary disposition or its entry into a contract in religious jurisprudence and law, concentrating on the opinion of Mohammad Jafar Jafari Langroudi. For this, we analyze the opinion of the two sides to scrutinize their theories, aiming to reach an optimal output, which is in favor of the unilaterality of the testamentary disposition in his opinion.

Language:
Persian
Published:
Journal of Research and Development in Comparative Law, Volume:2 Issue: 5, 2020
Pages:
439 to 455
https://magiran.com/p2187635  
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