نوع مقاله : علمی تخصصی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The rule of correctness, and, in legal terms, the rule of authenticity is one of the most important rules in jurisprudence, from which very many judgments can be derived, and many verses and traditions in different aspects signify its authenticity. Nevertheless, the most important rule of authenticity in other functions is the state and method of the wise. Because of this, this rule should basically be acceptable to the wise and the intellectual.
Acceptation or rejection of some titles like ‘condition of knowledge to authenticity and decadence’, ‘authenticity to doer and bearer’, ‘the need to attain the occurrence of the complete act’, and ‘ the source of doubt in authenticity’ can all limit or expand the degree of the influence of this rule over legal branches and canonical effects.
Also, in the Civil Law of Iran, many judgments are made based on this rule, and in the realm of contemporary legal contracts such as insurance, copy right and the like the rule has had an important influence. Based on this rule, sometimes, a contract which has no special name or title in Islamic jurisprudence is regarded as correct. It should be noted, however, that, by applying the authenticity rule to a Muslim’s action, only the canonical effect, whose ordination and elimination is done by the lawyer, will be proved. Thus, one cannot prove the ordinary and rational implications and the accompanying occurrences of the act will not be proved.
کلیدواژهها [English]
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