نوع مقاله : مقاله پژوهشی
نویسنده
ندارد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Formation of legal act, its constitutional elements, and damages
which may hurt the will in its various elements of formation are
among major juristic, legal subjects one of which being
contradiction of exoteric will to esoteric will in making a legal act
with respect to sovereignty – that is, which of them enjoys
sovereignty over the other? There is a dispute among jurists and
Islamic lawyers in that connection on the basis of different proofs
for and against any of those two theories. While investigating
proofs of each theory, the present essay emphasizes modification of
both theories and declares that in cases of ignorance the exoteric
will and in cases relating directly to the economical order the
esoteric will should be given priority.
)