Legal Analysis of Legal Status of Transactions to Break Religion in accordance with the Law on the Implementation of Financial Convictions Approved in 1394

Document Type : Research Paper

Authors

1 Department of Islamic Law, Shiraz University

2 phd student at university of shiraz

3 MA in Law Studies

Abstract

Due to the principle of relativity in contracts, the effects of contracts to third parties are exceptional. However, this does not preclude the ability to cite the contract as a legal fact with third parties. However, there are some situations in which the contract between the two parties may cause losses to a third party. There are some examples of these transactions in the Imamiyyah jurisprudence, but there is disagreement about their validity. From a legal point of view, some have considered creating a requirement for a third party to be legally binding with a third party accepting it, and some have considered it to be a prudential obligation subject to third party approval or rejection. Given the importance and role of transactions in the lives of individuals in the community and the lack of precise determination of the rules and effects of transactions, the examination of the status and effects of these transactions will have positive effects. In this article, considering the legal and jurisprudence review and Article 21 of the Law on the Implementation of the Financial Sentences Act of 2015 on transactions for the purpose escaping debts, whether the consignee is aware of the transaction or not, the contract will be held valid. However, in cases where consignee is aware of the purposes of the transaction, a civil fine will be added to the criminal penalty.

Keywords

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Journal of Legal Studies
Volume 11, Issue 3 - Serial Number 33
December 2019
Pages 71-103

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