intention and consent in legal acts
نویسندگان
چکیده
the difference between legal acts and legal events is that in the former the parties'will plays the central role. according to a mojority of muslim ulama and iranian lawists, will is a blend of intention and consent. some hold that these two elements are inseparable from each other. in this regard, some of them regards those legal acts which have intention but are devoid of consent as invalid and void. they argue that a legal act without consent is in fact without intention. on the other hand, some believe in reluctant legal acts these two elements are present. by consent, they mean secondary consent and rational inclination. the late imam khomeini belongs to the last category of ulema. this being so, a majority of ulema and lawists consider these two elements different from each other. they hold that in reluctant transactions there is intention, while there is not enough consent for the transaction to take place. it is validated by either of the partis' later on consent. the writer confirms this last view.
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عنوان ژورنال:
روش شناسی علوم انسانیجلد ۵، شماره ۲۰، صفحات ۵۵-۶۶
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