implication of silence to will
نویسندگان
چکیده
will is the basis and foundation of contracts and possessions; almost without which no contract and possession can take the religious and legal affects. heart is the place of will, and because will has a high dignity, it cannot attributed to any matter unless it is declared and manifested. silence is one of the means of interpretation of the will. it, like utterance, scribe, deed and gesture, has some rules. jurists consider that silence cannot be considered as the will but if there are any letter of religious and legal, customs and relevant evidence, with certain conditions, the silence is interpreted as the will. silence may be explicit or implicit. there are some criteria such as the existence of the letter, modesty, losses voidance, custom and analogy for detection and differentiation of silence, which will be interpreted as the will or not, and each one is considered as the will according to specific rule.
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عنوان ژورنال:
فقه و مبانی حقوق اسلامیجلد ۴۳، شماره ۱، صفحات ۷۹-۱۱۷
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