نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه شهید مطهری
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Ineffective contract, which is a kind of invalid contract, is a contract that has a legal inadequate entity and becomes valid and authentic by subsequent ratification and creates all the effects that it should religiously and legally have. There is a controversy between jurisprudents and jurists in describing and analyzing the legal nature of ratification. Some describe it as legal event and some others legal act. Studying and criticizing these views, this paper attempts to defend from the theory of legal event of the nature of ratification; because the nature of the contract is created in invalid contracts and only the condition of the consent of the owner is absent that by realization of this condition the conditioned will also be fulfilled. But rather, creation (legal act) of ratification is basically an intellectual impossibility, because consent is a disposition and of real and true affairs, not fiction, while the creation belongs to fictitious affairs. It should be noted that in obtaining ratification, the mere inner consent does not suffice, but in view of rational men, it is also necessary to be declared for the effecting of the contract.
کلیدواژهها [English]
)