نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، واحد یاسوج، دانشگاه آزاد اسلامی، یاسوج، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Legal Vow (Nazr): Typology, Foundations, and Effects
Abstract: The term Nazr (vow) has traditionally evoked a religious and devotional meaning in the public mind, to the extent that its legal application has largely been marginalized or even forgotten. Consequently, legal scholars have not typically addressed it as a juridical act. However, Nazr has functioned, in certain regions of Iran particularly among Sunni communities as a cause of acquisition of property and has also been explicitly referenced in national legislation with this very meaning. The use of Nazr in transactional instruments as a means of expressing individual will has provided it with a customary basis, thereby enabling its recognition under the principle of autonomy of will. Likewise, its gratuitous or absolute forms recognized in Islamic jurisprudence as types of Nazr may serve as legal grounds for its validity, granting it a religious foundation akin to endowment (waqf) or testamentary disposition. Nevertheless, its various dimensions remain in need of further examination. Its nature, constitutive elements, and legal effects form the principal axes of the present research. From a doctrinal standpoint, it appears more consistent to categorize Nazr as a unilateral juridical act, notwithstanding instances where it may manifest in the form of a bilateral contract. With respect to its conditions and elements, in addition to the necessity of compliance with general contractual principles, specific requirements derived from either jurisprudential or customary origins can also be identified. In terms of its legal consequences, the characteristic of proprietary transfer is of particular significance. The Nazr under discussion can be analyzed in two forms: Nazr of act and Nazr of result. This study adopts a descriptive-analytical method and is conducted through a library-based approach.
کلیدواژهها [English]
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