نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترا فقه و حقوق جزا، دانشگاه خوارزمی تهران
2 دانشجوی ارشد فقه و مبانی حقوق اسلامی، پردیس فارابی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Insolvency is one of the causes of the incapacity in Imamiah Jurisprudence. Pursuant to the judgment the insolvent person will be banned from all financial occupations. Because sometimes confession, including some financial occupations, If the insolvent during the financial ban, confess to the visible property or debt in favor of another, On the one hand, as mature and wise and capable of disposing of his property and to meet the contract conditions, According to the rule must admit his confession was right and effective, On the other hand, because the confession is a financial possession and made against creditors, so by the discretion of creditors and due to incapacity to make financial possession, there is no validity and effectiveness. So there are various views about the insolvent's confession to the visible property and debt. Study of jurists speaking shows such confession is always valid and in the right confession is to be effective. Only when it conflict with creditors' right, no consider to them. If the statute is however silent about it, but sometimes regarded as inconclusive.
کلیدواژهها [English]
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