نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی دانشکدگان فارابی دانشگاه تهران
2 دانش آموخته دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Feasibility of influence of the will in statements based on authority, especially in the field of family, is always of special importance(necessity of research), the "authority" and "abilities" of individuals to take possession of their affairs, abrogation, deprivation of rights or determination of rights is analyzed in the form of two categories "right" and "duty". Although "can" and "has the right" may mean "to have control" in legal terms, in law, both "right" and "obligation" are generally expressed with the word "can". Therefore, in order to discuss the principles governing the sphere of the influence of the will and organizing the legal situations resulting from the exercise of the will and the effect of the act of abrogating or determining the right, it is necessary to examine this rule and its relationship with determining the will of the spouses and the way of establishing the principle. research problem). In the light of the detailed analysis of the nature of the powers of individuals in the field of marriage(research method), it is clear that criteria such as revocability, demand ability and dissociability have better implications. While avoiding the permitted fallacy and the truth in the use of two-sided words and in addition to the criteria of recognition and as a complement to it, establishing the principle in the present issue on important principles such as the principle of non-judgment, the principle of coexistence, the principle of caution in important matters such as physical integrity and dignity Spirituality is also necessary(research results).
کلیدواژهها [English]