نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Nowadays, the traditional interpretations of Imamiyyah jurisprudence and the relevant laws, which specify all aspects of the transaction at the moment of conclusion, especially in the field of commercial and economic contracts, including transactional functions, have become difficult and in some cases impossible. On the other hand, the analysis of jurisprudential sources regarding the rule of un certainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in invalidating the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating un certainty and voiding the contract. Because in jurisprudence un certainty means danger, and danger is the possibility of harm that is avoided by common sense; Therefore, if custom has not turned away from one of the dimensions of the transaction due to the fact that the ambiguity is negligible, and does not consider it dangerous, such ignorance is not considered to be un certainty. The analysis of the effects of ambiguity in the functions of the transaction, whether customary or contractual, as well as the functions of the nature of the contract, according to its nature and secondary aspect in the contract, shows that the risk caused by it is mostly negligible from the perspective of custom, and the transaction does not involve risk. make With the description, it is possible that the economic value of the function is heavy in such a way that the ambiguity in it spreads to the contract and makes the transaction dangerous and subject to un certainty. In this research, it has been tried to discover the ruling and analyze it and provide solutions by collecting information from library and digital sources and using analytical methods.
کلیدواژهها English
