The forms of unauthorized sale from the perspective of Sheihk Ansari

Subject Areas : فقه و مبانی حقوق

akbar zakerian ¹ , شکراله نیکوند ²

1 - دانشگاه اراک
2 - هئیت علمی دانشگاه ورامین

Received: 2018-01-10 Accepted : 2017-06-02 Published : 2017-06-22

Keywords: Sale Unauthorized, Permission, Dissuasion Of The Owner, Owner's permission,

Abstract :

The ancient jurists in the argumentation of unauthorized transaction just have proceed its edict and according to their fundations , they have edicted to correctness or nullity ( in the absence of enforcement). SHeihk Ansari ,in addition to proceed edict unauthorized transaction, for the first time, he has examined these transactions in term of the subject and in a division , the form s of unauthorized sale has examined in three _dimensional which the following him, the recents are pointed to the forms of unauthorized sale. In this division, or unauthorized property sells for the owner or for himself; in the first case, either dissuasion has done by the owner or there is no previous dissuasion. The deceased Sheihk has hnowen correctness the edict of all three parts providing the owner's permission, although in some of cases , some of jurists are believed to nulity.