A new look at the concept, basis and effect for “ZAMAN DARAK” in Imamiyya jurisprudence and civil law
In this paper, the concept and basis for “ZAMAN DARAK” with a new approach in Imamiyya jurisprudence and civil law have been reviewed. The study in the jurisprudential texts shows that the “ZAMAN DARAK” in Imamiyya jurisprudence is a “ZAMAN OHDEH”; however, the civil code has used the “ZAMAN DARAK” as the responsibility of the general practitioner to reimburse and compensate for the indemnity in the supposed desirability of coming to justice. However, the concept and scope of the “ZAMAN DARAK” in civil law should not be limited and confined to the narrow and narrow boundary of the past; instead, the “ZAMAN DARAK” in his new concept in civil law has a contractual root and does not devote to despicable and deserving righteousness. However, it is obliged, in the event of the existence of the right to exploit or to acquire, in defense of the unclaimed ownership of the buyer. The start of a lien is also the time of the conclusion of the contract, not the time for the rejection by the owner.
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