Property exempt from execution of legal persons from the perspective of the jurisprudence and the law

Articles in Press

Document Type : Original Article

Authors

• Zinat Pahlavan mareshk ¹
• Mohammad Reza Elmi Sola ²

¹ MSc, Private Law, University of Meybod, Meybod, Iran

² Associate Professor, Department of Jurisprudence and Principles of Islamic Law, Faculty of Theology, Ferdowsi University of Mashhad, Mashhad, Iran

10.22067/jfiqh.2023.79323.1465

Abstract

The formation of a legal system based on Imamiyah jurisprudence, has led to the entry of many opinions of jurists into the field of legislation; While with the universality of the laws and as a result, the formation and development of legal persons, as a result, social and economic developments and demands do not accept some of the opinions of traditional jurisprudence, such as assigning property exempt from execution for natural persons. Rules including: Prohibition of detriment Principle of harm, Negation of hardship, Logical and consistent usages and juridical principles such as the principle of equality of persons before the law can be counted among the things that have created the possibility of dynamic jurisprudence. The studies conducted are of the opinion that transactions are not religious and the criterion for understanding them is wise custom. It is possible to prove the property exempt from execution for legal persons by the concord through and the common basis from the opinions of jurists. In the end, all these principles and rules are in the direction of the two goals of fairness and the growth of the moral and transcendental interests of human beings, and it is necessary for the legislator to support legal persons in order to Advance these objectives and to help these entities to start again after liquidation

Keywords

• Legal persons
• Property exempt from execution
• Rectifying or isolating the effective cause
• Equity
• Moral

Main Subjects

• Jurisprudence and private law

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