نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه تهران
2 دانشجوی دکتری حقوق خصوصی دانشگاه تهران و مدرس دانشگاه الزهرا(س)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Acting with beneficence (Ehsan)'s motivation is one of the reasons for the loss of responsibility in Imamiyah jurisprudence. This aspect the rule of beneficence (Ehsan) has also appeared in the laws of Iran, including Article 510 of the Islamic Penal Code of 1392, which stipulates that beneficence (Ehsan)'s motivation Removes responsibility. Another aspect of the rule of beneficence (Ehsan) is that it creates responsibility for the other side. This implies that whenever benefactor performs an act with beneficence (Ehsan)'s motive that the act involves a cost to benefactor or there is a fee for benefactor's action in practice, the other side must pay the costs of Mohsen or his action. There is disagreement among the Imamiyah jurisprudents in accepting this meaning of the rule of beneficence (Ehsan) and the the famous jurists hold the opposite view. Among lawyers, however, the tendency to accept second aspect of this rule is more pervasive and Some is known The basis of Article 306 of the Civil Code as the rule of beneficence (Ehsan). We believe that the second aspect of the rule of beneficence (Ehsan) can be accepted by identifying the guasi-contract resulting from the rule of beneficence (Ehsan), because being a benefactor is not equal to the Intent for free and a barrier to receiving a salary. This guasi-contract can be identified with the interpretations we give of the rule of beneficence )Ehsan( and The Rule of Value of Muslim Practice.
کلیدواژهها [English]
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