نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه فردوسی مشهد و حوزه علمیه خراسان
2 گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه فردوسی مشهد، مشهد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Based on what is stated in jurisprudence and civil law, the institution of compensation dedicated to cucumbers has a flaw.This is while it is possible to use compensation in cucumber dressing, even if it should be said that if compensation is not used in dressing, it is against justice.If we consider compensation only in the case of current fault, it will help a person whose intention is to deceive the marriage party and who has performed a deceptive operation than a person who has not performed this operation.In somecases regarding marriage, if we do not consider compensation as valid, it encouragesthe collapse of the family and it is as if the law supports this issue. compensation'sagreement with the principle of the necessity of contracts, traditions, thesimilarity of option of trickery with defects and theflow of pride rule in option of trickery areamong the arguments that have been expressed for compensation's flow in option of trickery.On the other hand, the opponents of compensation's movement in option of trickeryhave given reasons such as traditions and compensation's opposition to the principle of the necessity of contracts, which have been criticized. The present essay, using descriptive and analytical method, has carefully evaluated the arguments of the supporters and opponents of the evidence of compensation in option of trickery and has reached the conclusion that there is no special feature in the defect cucumber that assigns compensation exclusively to it, but there are enough evidences for compensation flow is also available in option of trickery.
کلیدواژهها [English]
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