Difference between Permissible Contracts and the Institution of Permission
Subject Areas : All jurisprudential issues
1 - عضو هیأت علمی دانشگاه آزاد اسلامی، واحد نجف آباد، گروه فقه و حقوق، نجف آباد، ایران
Keywords: permission, creating, commitment, Contract, necessity,
Abstract :
Permission (Eznieh) contracts are important parts of legal deeds thatare used in a vast level of social relations.Familiarity with these contracts’ nature and the investigation ofexisting disagreement about their nature are necessary with regardto extensive use of these contracts. Because legal effects andcommandments of these deeds have direct relationship with theirnature. Disagreement about the nature of permission (eznieh)contracts results from different attitudes about the nature of thecontracts and similarity of these contracts to permission. Somebelieve necessity is one of contracts’ components. Accordingly,permission (eznieh) contracts are not followed by necessity so theyare not considered as contracts and their nature are more sililar tolegal quality of permission. In contrast, some believe necessity isnot a valid component of the contract and the contract is a reversiblewritten promise. These people believe permission (eznieh) contractshave contract nature.On the other hand, there is not enough discussion about legal andreligious sources of permission and its meaning. The effects of thislegal quality has been emphasized. In this writing, we offer differentdefinitions of contract and permission in religion and law. Then, weinvestigate the nature of permission (eznieh) contracts with regardto the definitions. In the investigation of permission (eznieh)contracts’ nature, legal and religious definitions of these contractsand their differences with legal quality of permission areconsidered
