نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق اسلامی، دانشگاه میبد، میبد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The Imamiyyah jurisprudents have wide dispute over the substantial effect of positive condition. Some jurisprudents hold that positive condition lacks natural effect, believing that it is merely a positive law. Another group goes to the extreme, assuming that it has natural effect of debt, while others reduces the positive right of positive condition to the "right of demanding”. Meanwhile, a group of scholars has taken a moderate approach, considering a natural effect for positive condition. They regard it as a type of financial right. It is called financial covenanted right by the author of the article, believing that in some occasions, it turns to financial obligational right, which is debt. Iranian civil code doesn't take a clear position, and this necessitates further a precise explanation of the effect of positive condition in Imamiyyah jurisprudence, which has been the source of legislative adoption. Therefore this article, using a descriptive-analytical approach, studies the views and arguments of each group and reveals the position and basis of civil law.
کلیدواژهها [English]
