Investigation the validity principle of correctness of unilateral acts

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Entezary Najafabady Alireza; Mortazaei Roholla

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Journal: Islamic jurisprudence Resaerch Year:2018 | Volume:14 | Issue:2 Page(s): 525-554

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Information Journal Paper

Title

Investigation the validity principle of correctness of unilateral acts

Author(s)

Entezary Najafabady Alireza | Mortazaei Roholla | Issue Writer Certificate

Keywords

normQ3

principleQ2

correctnessQ2

contractQ2

unilateral actQ1

transactionQ1

bases of the principle of correctnessQ2

Abstract

what is being discussed and investigated in this article is the principle of correctness of unilateral acts. The principle of correctness is one of the norms that applies to most branches of jurisprudence (Fiqh) including transactions and acts of worship. The majority of Islamic Jurists (Fuqaha) are of the belief that the bases for the validity of the principle of correctness, like “ fulfill obligations” and “ trade by mutual good-will” , include unilateral acts as well. In contrast, some Islamic Jurists have raised objections to the enforcement of the principle of correctness in unilateral acts. After reviewing and criticizing these objections, we will conclude that the principle of correctness is also applicable to unilateral acts. Therefore, we should come to the view that Article 223 of civil law which stipulates that “ any transaction made is predicated on correctness. . . ” also includes unilateral acts. Accordingly, after the attainment of the conventional title of unilateral act and doubting its conditions on the basis of the principle of correctness, we can affirm the correctness of that unilateral act.

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APA: Copy

Entezary Najafabady, Alireza, & Mortazaei, Roholla. (2018). Investigation the validity principle of correctness of unilateral acts. ISLAMIC JURISPRUDENCE RESEARCH, 14(2 ), 525-554. SID. https://sid.ir/paper/220907/en

Vancouver: Copy

Entezary Najafabady Alireza, Mortazaei Roholla. Investigation the validity principle of correctness of unilateral acts. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;14(2 ):525-554. Available from: https://sid.ir/paper/220907/en

IEEE: Copy

Alireza Entezary Najafabady, and Roholla Mortazaei, “Investigation the validity principle of correctness of unilateral acts,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 14, no. 2 , pp. 525–554, 2018, [Online]. Available: https://sid.ir/paper/220907/en

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