LEGAL AND JURISPRUDENTIAL STUDY OF THE PREDICTABLE PRINCIPLE IN CASES OF DOUBT IN THE LEGALITY OF CONDITION (ORIGINATED FROM DOUBT IN CONVENTION OR QUALITY OF CONVENTION OF LEGAL AND DIVINE LAW)

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

QABOULI DORAFSHAN SEYYED MOHAMMAD MAHDI; QABULI DORAFSHAN SEYYED MOHAMMAD SADEQ

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Islamic jurisprudence Resaerch Year:2015 | Volume:11 | Issue:2 Page(s): 305-338

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

897

Download:

Cites:

Information Journal Paper

Title

LEGAL AND JURISPRUDENTIAL STUDY OF THE PREDICTABLE PRINCIPLE IN CASES OF DOUBT IN THE LEGALITY OF CONDITION (ORIGINATED FROM DOUBT IN CONVENTION OR QUALITY OF CONVENTION OF LEGAL AND DIVINE LAW)

Author(s)

QABOULI DORAFSHAN SEYYED MOHAMMAD MAHDI, QABULI DORAFSHAN SEYYED MOHAMMAD SADEQ | Issue Writer Certificate

Keywords

PRINCIPLE OF NO CONDITION AGAINST KITAB (QURAN) AND SUNNAQ2

AFFIRMATIVE PRINCIPLEQ3

PRINCIPLE OF VOID OF CONDITIONQ2

PRINCIPLE OF RULE OF WILLQ2

PRINCIPLE OF VONVENTIONAL FREEDOMQ2

ARTICLE 10 OF CIVIL LAWQ1

PRINCIPLE OF ACCURACYQ2

Abstract

One of the terms of accuracy of the condition is its legality. Sometimes, there is doubt in the legality of the condition mentioned in the contract. Such doubt originates from several reasons. One reason, among others, is doubt about convention of legal or divine law which is contrary to the condition. Another reason is doubt about the quality of convention of law as to whether it is binding or non–binding. Now, the question arises as to which principle is predictable in the case there is doubt about the legality of condition? By legal and jurisprudential study of this subject and analyzing different point of views this research has reached a conclusion. If doubt about the legality of condition originates from doubt about existence of an adverse legal or lawful order, then to put an end to this doubt is applying the principle of the lack of legal or lawful order. Of course, the above-mentioned principle is reasonable only when no adverse legal and lawful order is found in spite of sufficient researches. But, if doubt originates from ambiguity of the quality of convention of the legal or divine law (binding or non–binding order) applying the principle of ineffectiveness of the condition seems to be stronger.

Cites

No record.

References

No record.

Cite

APA: Copy

QABOULI DORAFSHAN, SEYYED MOHAMMAD MAHDI, & QABULI DORAFSHAN, SEYYED MOHAMMAD SADEQ. (2015). LEGAL AND JURISPRUDENTIAL STUDY OF THE PREDICTABLE PRINCIPLE IN CASES OF DOUBT IN THE LEGALITY OF CONDITION (ORIGINATED FROM DOUBT IN CONVENTION OR QUALITY OF CONVENTION OF LEGAL AND DIVINE LAW). ISLAMIC JURISPRUDENCE RESEARCH, 11(2), 305-338. SID. https://sid.ir/paper/221007/en

Vancouver: Copy

QABOULI DORAFSHAN SEYYED MOHAMMAD MAHDI, QABULI DORAFSHAN SEYYED MOHAMMAD SADEQ. LEGAL AND JURISPRUDENTIAL STUDY OF THE PREDICTABLE PRINCIPLE IN CASES OF DOUBT IN THE LEGALITY OF CONDITION (ORIGINATED FROM DOUBT IN CONVENTION OR QUALITY OF CONVENTION OF LEGAL AND DIVINE LAW). ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;11(2):305-338. Available from: https://sid.ir/paper/221007/en

IEEE: Copy

SEYYED MOHAMMAD MAHDI QABOULI DORAFSHAN, and SEYYED MOHAMMAD SADEQ QABULI DORAFSHAN, “LEGAL AND JURISPRUDENTIAL STUDY OF THE PREDICTABLE PRINCIPLE IN CASES OF DOUBT IN THE LEGALITY OF CONDITION (ORIGINATED FROM DOUBT IN CONVENTION OR QUALITY OF CONVENTION OF LEGAL AND DIVINE LAW),” ISLAMIC JURISPRUDENCE RESEARCH, vol. 11, no. 2, pp. 305–338, 2015, [Online]. Available: https://sid.ir/paper/221007/en

Related Journal Papers