Coherence of law, jurisprudence and ethics under the principle of coherence to prove preference in indivisible movable and immovable property Shofeh
Subject Areas : Jurisprudence of transactionsdawood Nasiran 1 , Mohammadreza kazemi nafchi 2 , sayyed mohammad hadi mahdavi 3 , reza abbasian 4
1 - Department of Law, Najafabad Branch, Islamic Azad University, Najafabad Branch, Isfahan, Iran
2 - Department of Law, Najafabad Branch, Islamic Azad University, Najafabad Branch, Isfahan, Iran
3 - Faculty of Law, Theology and Islamic Studies, Islamic Azad University, Najafabad Branch, Isfahan, Iran
4 - assitant professor-law ofice najaf abad
Keywords: Shofeh, Jurisprudence, movable property, principle of cohesion, Ethics, indivisible property,
Abstract :
The principle of coherence means the connection of laws with morality in society, and of the rights in which the principle of coherence has been neglected, the right of pre-emption is indivisible in movable and immovable property. Articles 808 and 815 BC provide for the right of pre-emption for immovable and divisible property, but these articles can be challenged in two ways; A) Jurisprudence: In proving the right of pre-emption is a theory that, based on jurisprudential arguments, considers the right of pre-emption in movable and immovable property indivisible; B) Ethical: Based on the principle of coherence of the rules of law and ethics, the right of pre-emption is current in this property. The present study was conducted by descriptive-analytical method and seeks to answer questions such as; "How does the principle of coherence imply the proof of the right of pre-emption in indivisible movable and immovable property?" The right of pre-emption in the mentioned property is fixed in three reasons of the four jurisprudential evidences (Sunnah, consensus and reason) and by invoking the principle of coherence of laws and ethics. And the opinions of jurists and not paying attention to the legal-moral principle is coherence.
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