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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2017-winter 2018 , Volume 10 , Number 20 ; Page(s) 167 To 192.

Succedent Clause and its Application in Iranian Law

* Shahid Motahhari University, Tehran, Iran
The brain of humankind know the cause and subsequent of it, existance of effect, prior to the fact of effect in manner of influence and believe that between cause and effect is a temporal simultenously which means in time of existance of effect the perfect cause (i. e. cause, clause and lack of impediment) shall be had fulfilled and came into existance. Nevertheless, in law and jurisprudence found cases which clause despite of succedent to contingent (effect) adjacent to cause and lack of impediment, take a retrogressive effect. The influence of permission of owner on cases which a person contract on others property without their consent, the accept of assignee in assignment, as well as accept of legatee in legacy, the act of actor in enunciation, delivery in debt base contract, in actual figure out, are the prominent cases of it. In present inquiry, the works and literatures of Akhound Khorasani, Mirza-E-Naeini, Imam Khomeini and Shahid Sadr about Succedent clause presented and stressed on possibility of influence of Succedent clause in subsequent contingent in abstraction AL matters and take account the analogy of abstraction AL matters with external and rational subjects as well as interval analogy.
Keyword(s): clause,contingent,subsequent clause,abstractional matters,the rational maxim
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