نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد حقوق خصوصی، دانشگاه آزاد واحد علوم و تحقیقات، تهران، ایران.
2 دادیار دادسرای انتظامی قضات/ساختمان شماره 2 قوه قضاییه/تهران/ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Abortion in legal actions is one of the events because it is realized by the will of the one who aborts. Of course, the agreement of the other party is also needed in the cancellation of the payment. Therefore, in this particular case, rescission is considered among contracts. It is always discussed in legal discussions whether it is possible to rescind rights that have not been created or not. In most cases, there is silence. The jurists have insisted on this right (abortion) and that the subject of the laws is valid, based on inference and the lack of explicit emphasis of the legislator. However, this issue has been considered invalid by famous jurists, especially Sheikh Ansari. In this article, while examining the legal and jurisprudential opinions, the opinions of Imam Khomeini in his works regarding the rule of " Malam Yajab " have been discussed in order to make a comparison between the opinions of contemporary jurists and his opinion regarding this rule of jurisprudence which is also in law. It has been authenticated.
کلیدواژهها [English]
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