نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Reprisal is a mechanism that allows the owner of a right to vindicate his right without the permission or consent of the debtor or usurper and without referring to the court when he does not have statutory evidence to offer to the courts. Valid evidence and proofs in Shiite jurisprudence suggest the legitimacy of reprisal. The regulations and conditions of this institution for the vindication of rights are discussed in jurisprudential sources, where its limitations as well as its permissiveness are clarified. Through the application of reprisal, the creditor satisfies his right, the debtor is discharged, and the obligation is extinguished. Thus, reprisal in legal studies can be examined under the title of extinction of obligations. Since reprisal is a legitimate institution applied in all societies, and since its regulations have been addressed in Shiite jurisprudence, it is necessary for the legislator to declare reprisal as the seventh statutory cause of the extinction of obligations.
کلیدواژهها [English]
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