List of Articles initial rejection

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  1 - Critical analysis of the jurisprudential theory of the lack of effect of permission after rejection in a nosy contract
  hojat AZIZOLAHI
  According to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the pe More

  According to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the permission of the owner; The jurists have stated conditions for the influence of this permission; Some of these conditions are coincidental, and in others there is a difference of opinion between the jurists, which includes the non-precedence of rejection of permission; The famous jurists have considered the requirement of this condition and in this regard they have relied on evidence such as consensus, the decline of the title of marriage, the rule of subordination and the principle of companionship; Article 250 of the Iranian Civil Code also follows the famous jurists in this case; The present study, using descriptive-analytical method, first deals with the controversy in the evidence of this theory, and then by insisting on the Saheeh of Muhammad Bin Qais and explaining the nature of transactions and the discovery of permission, it finds this requirement invalid; Therefore, it seems necessary to revise and amend the mentioned article. Manuscript profile