Examining the Condition of the Accountability of the Trustee with Reliance on the Accountability of the Tenant
Journal Title: فقه و اصول - Year 2013, Vol 45, Issue 94
Abstract
Examining the validity of the condition of the accountability (ḍamān) of the trustee (amīn), including the tenant, is of great importance with respect to the prevalence of such a condition in secular law, and since the evidences of the validity of such a condition is scarcely dealt with, this article examines the evidences of the validity of this condition in two discourses. The first discourse is to examine the most important reasons for the invalidity of such condition, because of which this condition is most often viewed as invalid and the most important of which can be mentioned to be opposition to the expedience of the contract itself, opposition to the legal law, and the discontentment of the proprietor; and in the second discourse, the evidences for the validity of this condition is expressed and examined, the most important of which can be mentioned to be the rule of conditions, evidences of the necessity for fulfilling the condition, the principle of validity, the principle of the sovereignty of will, and stating the supporting documents as well as the relevant traditions.
Authors and Affiliations
Sayyid NaṣRullāH MaḥBūBī
Keywords
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- EP ID EP184031
- DOI 10.22067/fiqh.v0i0.12640
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