REVIEW OF THE CONCEPT OF INTENTION AND CONSENT BASED ON JURISPRUDENTIAL DEVELOPMENTS

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KAZEMI NAJAFABADI ABBAS

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Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2017 | Volume:49 | Issue:2 Page(s): 311-328

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Title

REVIEW OF THE CONCEPT OF INTENTION AND CONSENT BASED ON JURISPRUDENTIAL DEVELOPMENTS

Author(s)

KAZEMI NAJAFABADI ABBAS | Issue Writer Certificate

Keywords

CONTRACTQ2

INTENTIONQ2

CONSENTQ2

Abstract

Intention and CONSENT is one of the most important legal debates in CONTRACT law. Since the era of Shaykh Ansari, the opinion of the majority of jurists was to distinguish CONSENT from INTENTION which has been followed by Iranian civil law and legal writers. But this separation has created some ambiguities in the law and jurisprudence. This study, after reviewing the history of change in the two concepts of CONSENT and INTENTION, and comparing juridical opinions, and preferring the viewpoint which believes CONSENT includes transfer of ownership, challenges the distinction between CONSENT from INTENTION as is customary in the law and jurisprudence literature, and finally, shows that, according to the conventional view in the earlier jurists, civil law can be better understood and interpreted. If CONSENT is considered as INTENTION to create the nature of the CONTRACT, the CONTRACT would be valid if there was an INTENTION to express the offer and acceptance, even though there was not any INTENTION to transfer the ownership.

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APA: Copy

KAZEMI NAJAFABADI, ABBAS. (2017). REVIEW OF THE CONCEPT OF INTENTION AND CONSENT BASED ON JURISPRUDENTIAL DEVELOPMENTS. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 49(2 ), 311-328. SID. https://sid.ir/paper/198446/en

Vancouver: Copy

KAZEMI NAJAFABADI ABBAS. REVIEW OF THE CONCEPT OF INTENTION AND CONSENT BASED ON JURISPRUDENTIAL DEVELOPMENTS. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2017;49(2 ):311-328. Available from: https://sid.ir/paper/198446/en

IEEE: Copy

ABBAS KAZEMI NAJAFABADI, “REVIEW OF THE CONCEPT OF INTENTION AND CONSENT BASED ON JURISPRUDENTIAL DEVELOPMENTS,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 49, no. 2 , pp. 311–328, 2017, [Online]. Available: https://sid.ir/paper/198446/en

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