نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the non-judicial administrative mandates used in some legal systems is the self-help selling institution. This entity is established for the purpose of repayment of losses on behalf of one party to a contract that has been affected by the other party’s actions. In other words, when in a contractual relationship one party commits an offense in relation to the obligations contracted by the other party, and the latter has suffered a loss and possesses the offender’s property, this institution allows that person, in certain cases, to lawfully sell the property of the offending party in order to offset the losses. This institution has been recognized both in the legal system of Iran and in the principles of the law of European treaties, but it is not applied as a general principle and only in cases where it is anticipated by the law governing the contract. In Islamic jurisprudence, the closest institution to self-help selling is the rule of atonement, and it seems that this rule can serve as the basis for the self-help selling entity in Imamie jurisprudence.
کلیدواژهها [English]
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