Title of article :
Enrichment without Couse
Author/Authors :
Baqeri، Ahmad نويسنده Assistant Professor, Faculty of Theology and Islamic studies, Tehran University, Tehran, Iran , , Dadfarma، Fereshteh نويسنده Master Student in Jurisprudence and Islamic Law, Faculty of Theology and Islamic Studies, Tehran University, Tehran, Iran , , Radmehr، Sakineh نويسنده Master Student in Jurisprudence and Islamic Law, Faculty of Theology and Islamic Studies, Tehran University, Tehran, Iran ,
Issue Information :
روزنامه با شماره پیاپی سال 2014
Abstract :
“Enrichment Without Couse” is a lawful rule based on forbiddance of asset transfer without cause of
Enrichment. Thus, if a person takes action to pay it due to supposition for existence of a debt, and it is clear that
there has been no such a debt, transferred asset will be committed to restore it by documenting the given rule,
without legal reason and owner. But Iranian civil act has not stipulated this rule as one of the most important
sources of commitment, it suffices to state some evidence of it like wrong fulfillment, other’s properties
governance and fulfillment. So, in this inquiry, it has tried by finding legitimate documentations of the rule such
as ayahs, hadiths, and Fighh evidences, existence and legitimacy of it is proved in Islam law, especially
Imamieh Fighh that from this path, necessity of establishing rule and regulation of its regulations has been clear
and arrangements to solve problems due to legal gap is provided.
Journal title :
Journal of Applied Environmental and Biological Sciences
Journal title :
Journal of Applied Environmental and Biological Sciences