نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه گیلان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This proposition that law is the world of convention is considered one of the most fundamental contents in understanding and solving legal issues. Despite the high use of this proposition in legal literature, its dimensions and effects are often neglected. In this article, we are looking for an answer to this question by focusing on the descriptive and analytical method, what are the effects of the conventionality of private law and how can it help in solving some of the upcoming challenges? Conventional matters such as what we face in private law are assumptions that are made and validated to solve the needs that arise as a result of social life. Ownership, marriage, Non-contractual indebtedness, representation, guardianship, etc. are all of these cases. Conventional matters are subject to the will of the ruler, and in other words, its formation, durability and survival depend on him. These matters are revocable and subject to change according to societies. Based on this, if the needs of the source of Convention formation are changed and another benefit is created, Conventional matters can be changed. In the meantime, ruler identification is very important; In this regard, private law should pay attention to the practice of the wise that are also approved by Sharia. The research shows that this approach has the ability to solve many challenges, such as the ones we face in Non-contractual indebtedness, real estate transactions with a registered record, women's rights, etc., without contradicting Islamic law.
کلیدواژهها [English]
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