Exploring the Role of Rationality in Determining the Scope of Contractual Responsibility Based on Imam Khomeini and Martyr Sadr’ s Opinion

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.

Mousavi Khorasani Seyed Muhammad Hassan

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

Journal Paper

Paper Information

Journal: Civil Jurisprudence Doctrines Year:2020 | Volume:11 | Issue:20 Page(s): 287-322

Download Full-Text

Persian Verion

View:

671

Download:

Cites:

Information Journal Paper

Title

Exploring the Role of Rationality in Determining the Scope of Contractual Responsibility Based on Imam Khomeini and Martyr Sadr’ s Opinion

Author(s)

Mousavi Khorasani Seyed Muhammad Hassan | Issue Writer Certificate

Keywords

RationaleQ2

CustomQ2

Contractual civil liabilityQ1

Non-profit damagesQ2

Abstract

T he role of the “ rational course” in the inference of Shari'a law has been more or less considered by the jurists. The point of difference is how to determine its status, conditions and validity. At the same time, the greater validity of the precepts of the meaningful transactions of the world indicates the importance of rationality in jurisprudence. (At the same time, the more general verdicts of the verdicts confirm the importance of rationality in jurisprudence. ) The exquisite views of some jurists in the study of the material and spiritual components of the Sirae are the basis for the significant works in contractual responsibility. Based on the findings of this essay written in a descriptive-analytical manner, it can be said that, in addition to relying on the evidence of coercive assertion to substantiate the principle of contractual liability, this type of disclaimer is indisputable, and does not imply explicit or implied (This type of responsibility is certain and it is not correct to subject it to explicit or implied). therefore, article 221 of the Civil Code is incorrect. In addition, relying on the organic and instrumental role of the rational process in understanding the rules of loss, ala al-yad and prohibition of detriment, the radius of responsibility encompasses Non-profit damages. The of liability covers the non-profit losses incurred. On this basis, the amended Articles 221 of the Civil Code and Note 2 of Article 515 of the Code of Civil Procedure have been proposed. The overall approach of this article is to endorse the theory of unity of accountability and is in line with jurisprudence. At the same time, however, it differs from the well-known view of jurists, in that it argues that coercive damages include Non-profit damages. (At the same time, it differs from the famous view of jurists in that it is argued that forcible indemnification involves Non-profit damages. ) Definite Non-profit damages whether due to usurpation of property, human imprisonment, or breach of contract.

Cites

No record.

References

No record.

Cite

APA: Copy

Mousavi Khorasani, Seyed Muhammad Hassan. (2020). Exploring the Role of Rationality in Determining the Scope of Contractual Responsibility Based on Imam Khomeini and Martyr Sadr’ s Opinion. CIVIL JURISPRUDENCE DOCTRINES, 11(20 ), 287-322. SID. https://sid.ir/paper/227236/en

Vancouver: Copy

Mousavi Khorasani Seyed Muhammad Hassan. Exploring the Role of Rationality in Determining the Scope of Contractual Responsibility Based on Imam Khomeini and Martyr Sadr’ s Opinion. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2020;11(20 ):287-322. Available from: https://sid.ir/paper/227236/en

IEEE: Copy

Seyed Muhammad Hassan Mousavi Khorasani, “Exploring the Role of Rationality in Determining the Scope of Contractual Responsibility Based on Imam Khomeini and Martyr Sadr’ s Opinion,” CIVIL JURISPRUDENCE DOCTRINES, vol. 11, no. 20 , pp. 287–322, 2020, [Online]. Available: https://sid.ir/paper/227236/en

Related Journal Papers