"Ihsani" assessment of the nature of legal actions by analyzing the concept of acceptance and consent

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Author(s)

Qanawati Jalil | Alavi Qazvini Seyed Ali | Soltani Seyyed Mohsen | Issue Writer Certificate

Keywords

Benevolence legal acts

Acceptance

consent

offer based on none refusal

Abstract

The legal literature regarding "Ehsani" (benevolence) legal acts is not very strong and there is no complete definition about them, and their nature is not properly identified. In this article, by stating the elements of benevolence of a legal act, it has been concluded that benevolent legal acts are a group of legal acts that bring benefits to the other party without any consideration or guarantee. It seems that the right way to know the nature of legal acts is to analyze the nature of offer and acceptance. Offer and acceptance in a bargain (exchange contract), involves the transfer of the ownership of considerations. Therefore, most of jurists have considered offer and acceptance as "Inshaee" (creative) . But acceptance in benevolence legal acts is simply the possession of the property from the other party. In these acts, acceptance does not involve the transfer of ownership and it is only consent to the requirements of the offer; As a result, benevolence legal actions consist of a request and consent to it. Consent to a legal act is a legal event that is realized without the need for an "Insha" and with silence and non-refusal; Therefore, the nature of benevolence legal acts is the offer based on none refusal.

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