نوع مقاله : مقاله علمی ترویجی
نویسنده
دانشیار دانشگاه ایلام
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The theory of negation of Gharar (deception) is cited in transactions so that it can be said that the denial of deception is one of the characteristics of legitimate transactions. The principle of the need to eliminate ignorance and deception from the subject of transaction is one of the most important jurisprudential issues and legal principles, so the lawyers have addressed this principle in discussions related to the general rules of contracts and interpretation of the Civil Code. Deceptive transactions are void in the Civil Code except in exceptional cases and the same is true of civil law. In statutory law, there are contracts, such as insurance contracts, which have been referred to as deceptive and have found their way to Islamic jurisprudence, which has been accepted by many jurists, but some others have doubted in them due to that deception. In this research, by a descriptive-analytical method the semantic sense of Gharar, deceptive transactions in jurisprudence and civil laws of Iran, the criteria and extent of removing ignorance, ambiguity and deception from the attributes and subject of transaction, comparison of Gharar with similar concepts and its basics have been studied. The purpose of this article is to explain how to determine the obligation and the need to eliminate ignorance and deception.
کلیدواژهها [English]
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