نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Despite its apparent similarities with the institution of Hajr, fainting is not included in the list of causes of Hajr and should be examined alongside conditions such as sleep and intoxication. The present study, with a descriptive-analytical approach and utilizing the sources of Imami jurisprudence and legal articles, while examining the legal nature of fainting, attempts to explain the family status and affairs of the deceased in the Iranian legal system and Imami jurisprudence.Since coma does not result in the deprivation of capacity, Iranian law, by distinguishing between the condition of capacity and the continuation of permission in permission contracts, has distinguished coma from the causes of incapacity. Therefore, the appointment of a guardian for the deceased is not possible, and the management of the deceased's affairs can be considered one of the cases of the management of the deceased's property due to his incapacity, and one of the examples of Article 306 of the Civil Code.He brought and in this regard, he settled for the appointment of a trustee as a temporary solution. From the perspective of financial obligations, the deceased is not personally obligated to pay maintenance, but the maintenance of those who are obligated to maintain him can be paid from his property. In addition, the temporary absence of guardianship is not a compulsory guardianship and acts only as a temporary obstacle that is re-established upon the removal of that guardianship.
کلیدواژهها English