نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشکدۀ الهیات دانشگاه فردوسی مشهد
2 دانشجوی دکتری تخصصی فقه و حقوق دانشکدۀ الهیات دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Endowment is one of the important social commands in Islam, one of the terms of its accuracy is having religious rights, concrete objectivity, the capability of handing over and delivery and the eternal nature of the endowed object. On this basis, difference in views have been expressed on the possibility of endowing intellectual rights.
The present research is literature review and has been carried out by collecting and studying the views of researchers, while reviewing the process of deduction and extraction of the terms in endowment conclusion. The existing and ultimate philosophy of the terms subject of argument have proved the accuracy of endowing intellectual rights.
Basis:
First,intellectual right is an eligible rightwith religious and conventional ownership. Second,the condition of concrete objectivity means having a sustainable "principle"with the capability of being used and the philosophy underlying this mention is to take away the false attribution of endowment; that is benefits and liabilities,from endowment circle; third, the condition of handing over is the relativity of its and method proportion to different objects in terms of domination over the object of endowment for the purpose of benefitting from the endowed object and physical or non-physical delivery is not the issue in this.Fourth, the term of confirmation in the concept of eternality of the essence of endowment contract,remaining as endowment and no claim of the endower to the object of endowment and the conventional sustainability of the object of endowment as the essence is not vanished in the process of benefitting.
کلیدواژهها [English]