Extinction effects of legal actions in the form of negative result condition in Imamiyah jurisprudence and Iranian law
Extinction of religious and legal effects in the form of stipulation is called negative result condition. In the works of precedent faqihs, thus far, there was no explicit mention of this condition, and most of recent faqihs also considered it invalid caused of the opposition to lawgiver verdict except in special cases. This is while most jurists believe in influence and accuracy of this condition. It seems that, since the effects of legal actions are among the inventions of the wise and lawgiver has only given them validity, the diagnosis authority in extinction ability of this actions is the rule of the wise, and they considered that these effects are extinguishable by the owner. In addition, there is a connection between the validity of negative legal positive condition and negative result condition, and since the faqihs considered the first one in correct, they must also consider the second in effect; Of course, it is subject to shouldn't cause the loss of motive of main promise, and it shouldn't be oppose to public order and good behavior. Since the civil law was written under affect by Imamiyah jurisprudence celebrities, can't be presumption from its articles 959, 454, 474, 679 and 120.
- 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.