نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی، گروه حقوق خصوصی، دانشکده علوم انسانی، دانشگاه آزاد اسلامی واحد قم، قم، ایران (نویسنده مسئول)
2 دانشجوی دکتری، گروه حقوق خصوصی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
3 استادیار حقوق خصوصی، گروه حقوق خصوصی، دانشگاه شهید مطهری، تهران، ایران
عنوان مقاله [English]
The principle of correctness as one of the principles that can solve many judicial unknowns is of great importance, especially in the case of transactions. In this article, we intend to examine the possibility of the flow of the principle of correctness in two important areas of theological doubts. The flow of authenticity in doubt in the detail of penalties or the condition of a suspicious condition (and obstruction) Possibility of the validity of the authenticity to rule on the validity of an unnamed contract and doubt on the validity of the terms of the contract. In the first case, we believe that the flow of authenticity leads to the flow of this principle in the doubts of jurisprudence, and if we know that this is unobstructed, it goes between the principle of authenticity as a non-verbal principle with principles such as innocence, but with deeper accuracy and separation And the concept of the principle of correctness in the words of jurists and jurists, according to the principle of correctness, is sometimes considered as a verbal principle and sometimes as a practical principle, and where it is a non-verbal principle, it does not flow in philosophical doubts and thus interferes with principles such as the principle. Innocence does not take place in rulings. In the second case, the new contracts in Islamic law, the same distinction of meaning and basis can be seen in the words of the jurists, which has led some to believe that the principle of correctness in the words of most jurists is independent of the principles of rhetoric. In any case, the principle of correctness, as a non-verbal principle, applies to the subjective doubts, that is, to the contracts that are realized in the external world, and not to the theological doubts. This principle should not be confused with accuracy as a verbal principle.