Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 660-674 |
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Kari M, Abbaspour R, Entekhabian O. Invalidation of Stupid Transaction in Iranian Law and Imami Jurisprudence. MLJ 2022; 16 :660-674
URL: http://ijmedicallaw.ir/article-1-1694-en.html
URL: http://ijmedicallaw.ir/article-1-1694-en.html
1- Department of Jurisprudence and Fundaments of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
Abstract:
Background and Aim: The purpose of the research was the validity of oral transaction factors based on the opinions of Khamsa schools. The current qualitative research and information gathering through articles and books, hadiths, were discussed and investigated. The findings showed that fake deals are deals that are issued from fake or have the dignity to be issued from fake, but the trader is not fake. The examples and branches of stupid transactions are different at any time, and what was prudent in the past may be considered stupid today. Arrogance can be seen in all types of contracts, terms and economic activities.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: To detect stupidity in macroeconomic contracts and activities, one should refer to leading and expert custom. A criterion for recognizing stupidity in these matters is the distance between the efficiency of a legal action and its maximum efficiency or the distance between the productivity of an economic activity and its maximum efficiency. The greater this distance is, the greater the amount of stupidity and the closer it is to invalidation.
Conclusion: Some jurists and jurists believe in the invalidity of false transactions. In this research, the concept of stupidity, stupidity and efficiency (as a measure for lack of stupidity in macro-levels) and the viewpoint of jurisprudence and law about stupid contracts are examined. The nature and ruling of falsity is mainly investigated in contracts and non-major activities.
Please cite this article as:
Kari M, Abbaspour R, Entekhabian O. Invalidation of Stupid Transaction in Iranian Law and Imami Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e40.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: To detect stupidity in macroeconomic contracts and activities, one should refer to leading and expert custom. A criterion for recognizing stupidity in these matters is the distance between the efficiency of a legal action and its maximum efficiency or the distance between the productivity of an economic activity and its maximum efficiency. The greater this distance is, the greater the amount of stupidity and the closer it is to invalidation.
Conclusion: Some jurists and jurists believe in the invalidity of false transactions. In this research, the concept of stupidity, stupidity and efficiency (as a measure for lack of stupidity in macro-levels) and the viewpoint of jurisprudence and law about stupid contracts are examined. The nature and ruling of falsity is mainly investigated in contracts and non-major activities.
Please cite this article as:
Kari M, Abbaspour R, Entekhabian O. Invalidation of Stupid Transaction in Iranian Law and Imami Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e40.
Type of Study: Original Article |
Received: 2023/08/14 | Accepted: 2023/10/25
Received: 2023/08/14 | Accepted: 2023/10/25
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