A critical study of calculation methods of civil atonement in the assumption of experts' disagreement, approaching the views of Sheikh Ansari

Articles in Press

Document Type : scientific

Authors

1 PhD Student of islamic law, Department of law, Faculty if humanities, Semnan University, Semnan, Iran

2 Department of law, Faculty of humanities, Semnan University, Semnan, Iran

Abstract

If it turns out that the traded goods were defective when the contract was concluded, the recipient will be free between the termination of the contract and the taking of the throne. In Article 428, the civil Legislator has considered the mid-range of prices as valid in the event that experts disagree in determining the amount of Arash. The following article, based on the jurisprudence and principles of the civil law in the present discussion, aims to obtain, by researching the words of the jurists and examining the documents of each, after explaining and rejecting the existing opinions, which include two well-known methods and one not-so-well-known method. At least Arsh and implementation of the acquittal in excess of it should be chosen as an opinion, explain and prove. In the present article, which was carried out using a descriptive and analytical method, in the special evidence section, the conclusion was reached that the requirement to accept the famous opinion, based on the necessity of calculating the average opinion of experts, was to accept the application of the reason of the validity of the Amarats in relation to the assumption of conflict and the acceptance of the doctrine of causation, while, the evidence of the famous saying as well as its numerical calculation method are disputed.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 15 April 2025

Files

Share

How to cite

Statistics