نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری، دانشگاه آزاد اسلامی واحد ساری، ساری، ایران
2 دانشیار، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Sometimes the creditor waives his debt under some conditions. This may make it conditional or suspend it because of the structure of legal act. These two assumptions may be discussed and reviewed depending on the theory of release being a unilateral legal act or a contract. Based on the theory maintaining that release is a contract, conditional release faces no specific challenge, although its composition in a way that hangs it on the fulfillment of the condition contradicts to the viewpoint of the majority of jurisprudents maintaining that tanjiz is a condition of the composition of legal act. Based on the theory maintaining that release is a unilateral legal act, the existence of consideration term faces several objections. Some of the objections pertain to the structure and the nature of the unilateral legal act of release, some of them relate to the requirements of release and its primary effect, and some others are based on the nature of condition and its binding nature. The present article, using comparative jurisprudence studies and analytical method, reviews different viewpoints in Islamic jurisprudence in this regard and assesses their proofs in order to achieve more clear and substantial results pertaining to the jurisprudential views in this mater.
کلیدواژهها [English]
