Basics of the general theory of recourse in contracts, events, events and its legal nature from the perspective of Imami jurisprudence and Iranian civil law.

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Revocation plays a crucial role in regulating legal relationships among individuals in society. Due to the diversity and complexity of its nature, the concept of revocation remains largely unexplored. In Islamic jurisprudence, revocation is considered an independent general theory, while in law, it is not seen as an independent theory but is discussed under concepts such as revocation of wills, gifts, testimonies, etc. Revocation is a unilateral legal act realized with the intent of creation. It is neither an absolute judgment nor a right but is relative and person-specific, non-transferable, and subject to partial waiver. Revocation, as a general theory, can dissolve legal acts alongside its similar instances and can assert its position through legislative enactment. This research aims to explore the theoretical foundations of the general theory of revocation in contracts, unilateral acts, events, and its legal nature from the perspective of Imamieh jurisprudence and Iranian Civil Law. The research methodology is library-based, and the type of research is analytical-descriptive. The principle of autonomy of will in contracts, such as in contracts and unilateral acts, is accepted unless it conflicts with public order and law. This principle is essential for the dignity and freedom granted to humans by God. Generally, every contract is formed through the concurrence of two wills, with the parties intending to sustain its validity and effects. However, sometimes, by examining legal provisions regarding contracts and transactions and observing the nature of some contracts, we find that certain contracts can be dissolved through revocation. This legal act creates complex discussions in contracts like endowment, mortgage, and gift.

Language:
Persian
Published:
Islamic Law & Jurisprudence Researches Journal, Volume:20 Issue: 3, 2024
Pages:
43 to 70
https://magiran.com/p2769272