نوع مقاله : پژوهشی (داوری عادی)
1 دانش پژوه مرکز فقهی ائمه اطهار(ع) و فارغ التحصیل ارشد دانشگاه پردیس فارابی
2 هئیت علمی پردیس فارابی دانشگاه تهران
عنوان مقاله [English]
In the Name of Allah the Compassionate the Merciful
The Range of the Freedom of the Will in the Omission of Property
The possibility of the omission of property has long been among the significant issues in the field of jurisprudence and law. The discussion on this topic has been addressed in jurisprudence books under the issue of "disclaim". This is a subject which has not been independently addressed in jurisprudence books. This has an important position in the teachings of the scope of transactions, though in the past the lack of omission without reference to defined and determined legal principles was taken for granted. In the recent period, some most famous jurists have inclined to the permission of omission of the property and emphasized the possibility of omission by the owner's will. The present study first discusses express the prominent opinions on the subject and then confirms the contemporary theory with complementation and new reading by analyzing the arguments of both parties.