| Autor: |
فرد, محمد امین, میرزائی, ماندانا |
| Předmět: |
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| Zdroj: |
Fiqh & Usul; Autumn2024, Vol. 56 Issue 3, p61-82, 22p |
| Abstrakt: |
Imāmī jurisprudence and Iranian Law hold that an imbecile (safīh) is a fason who lacks the capacity to preserve his/her own wealth and does not utilize the assets in an appropriate manner. As so, the imbecile is legally restricted only in financial matters and in cases where he/she has to compensate for the assets. According to this view, the imbecile is prohibited from appointing a lawyer in financial matters or matters with financial implications, on the grounds that he/she lacks the legal capacity in matters that are not allowed for themselves. This is despite the fact that the imbecile can still receive a lawyer in financial matters or matters with financial implications. This view is not devoid of errors, since the imbecile is still deprived of strong awareness in the matter while receiving a lawyer. On the other hand, considering that "the lawyer must act in the constituent's best interest" as articulated in Article 667, the representation of an imbecile is not problematic. The present study aims at clarifying the validity of this type of representation using the descriptive-analytical method and by citing library resources. It appears that the representation of an imbecile is not valid, because the criterion for this fason's inability to appoint a lawyer also applies to receiving a lawyer. Therefore, the requirements of Article 667 of the Civil Code are not fulfilled and receiving a lawyer is not allowed. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
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