The Principle of the Autonomy of Outward Volition in the Territory of Wrong in the Legal Acts

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Keshavarzi Veldani Morteza; Naseri Moghadam Hossein; SABERI HOSSEIN

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2017 | Volume:- | Issue:14 Page(s): 3-29

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Information Journal Paper

Title

The Principle of the Autonomy of Outward Volition in the Territory of Wrong in the Legal Acts

Author(s)

Keshavarzi Veldani Morteza | Naseri Moghadam Hossein | SABERI HOSSEIN | Issue Writer Certificate

Keywords

VolitionQ2

Outward volitionQ1

Inward volitionQ1

WrongQ2

Null or invalidQ2

CancellationQ2

Abstract

one of the issues which constantly considers among Islamic jurists (Fuqahā ) and law scholars is the autonomy of outward (external) and inward (internal) Volition and the role of each of them in the legal acts. The fundamental reason of the proponents of the theory of internal Volition is the Islamic jurisprudential rule “ aqd (Contract or legal transaction) following intent” . It means that if aqd (contract) violates intent it will be Null or invalid. From the other side, some other scholars have chosen the theory of the external Volition and have regarded the apparent offer (ijab) and acceptance (qabul) of parties and do not pay attention to inward intention. In other words, they do not merely regard the indication (revealer) of words but they believe the causation (Causality) for them. In the law, the theory of the autonomy of outward Volition is assigned to the law of German but it can be found in Imā mī jurisprudence. One of the cases of the external Volition in fiqh occurs in the territory of Wrong. It means that in a legal act if contract parties act Wrong the contract will be void or ineffective or unfulfilled or invalid because of the mutual intention of the parties has not happened (what is occurred, has not been intended, and what has been intended, does not occurred or what the parties intend has not performed and what happened is not their intentions). But it should be determined that with attention to the principle of irrevocability and mastering of transactions, all cases of Wrong in legal acts are not the voidance of the contract and the contract can be cancelled or the contract is cancellable at the greatest possible and even in some cases it has no effect. It means the inward Volition has not been governed and the words of contract parties are appropriate or fitting.

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APA: Copy

Keshavarzi Veldani, Morteza, Naseri Moghadam, Hossein, & SABERI, HOSSEIN. (2017). The Principle of the Autonomy of Outward Volition in the Territory of Wrong in the Legal Acts. CIVIL JURISPRUDENCE DOCTRINES, -(14 ), 3-29. SID. https://sid.ir/paper/227196/en

Vancouver: Copy

Keshavarzi Veldani Morteza, Naseri Moghadam Hossein, SABERI HOSSEIN. The Principle of the Autonomy of Outward Volition in the Territory of Wrong in the Legal Acts. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2017;-(14 ):3-29. Available from: https://sid.ir/paper/227196/en

IEEE: Copy

Morteza Keshavarzi Veldani, Hossein Naseri Moghadam, and HOSSEIN SABERI, “The Principle of the Autonomy of Outward Volition in the Territory of Wrong in the Legal Acts,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 14 , pp. 3–29, 2017, [Online]. Available: https://sid.ir/paper/227196/en

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