NATURE AND CHARACTERISTICS OF PERMISSION TO POSSESSION

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SAYADI KOSHAKH QAZI ABOOZAR; ABBASIAN REZA; MAHDAVI SEYED MOHAMMAD HADI

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:53 Page(s): 129-150

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Information Journal Paper

Title

NATURE AND CHARACTERISTICS OF PERMISSION TO POSSESSION

Author(s)

SAYADI KOSHAKH QAZI ABOOZAR | ABBASIAN REZA | MAHDAVI SEYED MOHAMMAD HADI | Issue Writer Certificate

Keywords

PERMISSIONQ1

LEGALLY-PURPOSED INTENTIONQ1

INTENTIONQ2

CONSENTQ2

EXPRESSIONQ1

Abstract

This article examines the legal nature of PERMISSION and its characteristics, such as being independent, unilateral, and revocable; and determines the constitutional signified in PERMISSION contracts. For this purpose, the nature of Insha (legally-purposed INTENTION) and its elements including INTENTION and CONSENT, and also the role of manner of declaration of INTENTION in realization of the juridical acts were investigated. This study asks whether PERMISSION is a juridical act or a juridical fact. The study concludes that PERMISSION is merely a declarative INTENTIONal fact expressing the inner CONSENT, which cannot create a constitutional nature. Rather, it is the legislator who sanctions the PERMISSION of possession in such an event. Because the legal effects do not exclusively flow from juridical acts, and some of these effects originate from juridical facts. On the other hand, it is the INTENTION to initiate that can create a constitutional nature. In PERMISSION contract, the INTENTION to initiate legal relations has a constitutional nature such as others’ constitutional ownership, and realizes its constitutional existence.

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APA: Copy

SAYADI KOSHAKH QAZI, ABOOZAR, ABBASIAN, REZA, & MAHDAVI, SEYED MOHAMMAD HADI. (2018). NATURE AND CHARACTERISTICS OF PERMISSION TO POSSESSION. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(53 ), 129-150. SID. https://sid.ir/paper/134201/en

Vancouver: Copy

SAYADI KOSHAKH QAZI ABOOZAR, ABBASIAN REZA, MAHDAVI SEYED MOHAMMAD HADI. NATURE AND CHARACTERISTICS OF PERMISSION TO POSSESSION. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(53 ):129-150. Available from: https://sid.ir/paper/134201/en

IEEE: Copy

ABOOZAR SAYADI KOSHAKH QAZI, REZA ABBASIAN, and SEYED MOHAMMAD HADI MAHDAVI, “NATURE AND CHARACTERISTICS OF PERMISSION TO POSSESSION,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 53 , pp. 129–150, 2018, [Online]. Available: https://sid.ir/paper/134201/en

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