نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق اسلامی دانشگاه بوعلی سینا همدان
2 دانشجویدکتری فقه و مبانی حقوق اسلامی دانشگاه بوعلی سینا همدان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
When binding contracts together with their constituent parts and provisions are drawn up, the parties to the contract are not entitled to revoke the contract unless they declare their mutual consent to terminate the contract or one of the legitimate reasons on termination appears. Hence, the existence of such reasons in the law (religious jurisprudence) is essential. One of them is the right of fraud which enters into force as soon as there is an imbalance between the exchanged objects of the contract and their economic value at the time of binding the contract to support the cheated.
According to Sheikh Ansari, there are three approaches to the existence of the right of fraud among experts: Well-known experts believe in the existence of such a right, some experts have consensus on the right of fraud and others have denied it. However, Sheikh Ansari does not consider the third approach notable due to its rarity. Some documentaries that experts have argued for the establishment of the right of fraud include: The 29th verse of the holy Nesa Sura, the narration of Talaqi Rokban, no-damage principle, and quoted traditions and consensus. Considering the existence of the right of fraud, Sheikh Ansari presumes the real consensus the only reliable reason that is compatible with the no-damage principle and ex post fame and rejects the other evidences. Similar to other rights, the right of fraud contains some nullifying causes such as abandoning it after the contract, the provision of its voiding in the content of the contract, the cheated taking possession after awareness of fraud, the transferred possession of the cheated prior to knowledge of fraud. In the case where the proof of the right is of no damage, the jurists' explicit wordings denote the generality of this right in all financial transactions and if the reason of the consensus is mentioned, the right of fraud is allocated to sales. According to Sheikh, the implementation of this right is prompt.
کلیدواژهها [English]
)