Feasibility study of the child's advocacy in the sale from the perspective of Imami jurisprudence
Subject Areas : Jurisprudence of transactions
hadi manteg
1
,
رضا الهامی
2
*
1 - PhD student in Islamic jurisprudence and law, University of Tabriz
2 - استاد دانشیار دانشگاه تبریز
Keywords: advocacy, child, sale, authenticity and influence,
Abstract :
There are two main views about the child's representation in the contract of sale. Well-known jurists are of the opinion that the child can not enter into a contract at all and puberty is one of the obligatory conditions of the contractors, but in the face of some of the great jurists. Are child sales; Especially when the original transaction is attributed to the guardian or client. And they rely on this statement for significant reasons from the verses and narrations and reject the reasons of the first group. In this article, the arguments of the parties are examined and violated by the library method in order to assess the accuracy of the child's advocacy in the sale and to find out the correct opinion about the principle of advocacy and its scope in the sale. . And assuming the validity of such a transaction and the power of attorney, its scope should be clarified, first of all, why is a child and power of attorney transaction otherwise valid? And secondly, what is the scope of influence of this transaction? The achievement of this research is to express the correctness of the lawyer of the discriminated child and related transactions so that the child can be an independent lawyer in the transaction on the other side and do it correctly and effectively