Basics of General Theory of Revocation Will in Contracts, Unilateral legal act, Events and its Legal Nature from the Perspective of Jaʽfari (Imamiah) jurisprudence and Iranian Civil Law
Ali Ashraf Sobhani
1
(
Ph.D. student, Jurisprudence and Private Law, Torbat Heydariyeh Branch of Azad University, Torbat Heydariyeh, Iran
)
Hosein Saberi
2
(
Professor, Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University of Mashhad, Mashhad city, Iran,
)
mansour amirzadeh jirkoli
3
(
assistant professor at Faculty of Theology (Jurisprudence and Principles of Islamic Law), Islamic Azad University, Torbat-e Heydarieh Branch
)
Keywords: Revocation to contracts, Imami jurisprudence, Iranian civil law,
Abstract :
Referral plays an important role in regulating the legal relations of individuals in society, and due to the diversity and complexity of nature, the issues of referral remain unknown. Reference in jurisprudence is an independent general theory, but in the law it is not considered as an independent theory, but in the light of concepts such as reference from will, gift, martyrdom, etc. The purpose of this study is the basics of the general theory of recourse in contracts, agreements, events and its legal nature from the perspective of Imami jurisprudence and Iranian civil law and the research method is analytical-descriptive method. The rule of will in contracts, for example in contracts and agreements, is a principle that is accepted except in cases of dealing with the order of society and the law. This principle is necessary for the dignity and freedom that God has given to man. Accordingly, in principle, any contract is formed by the intersection of two wills, and the parties enter into it with the intention of maintaining the validity and its effects and results. But sometimes in the legal materials about contracts and transactions and considering the appearance of some materials and the nature of some contracts, we find contracts that can be dissolved by reference. This is the same legal act that has created complex issues in endowment, mortgage and gift contracts.
