Rational Considerations in the Analysis of the Basis of Legal Personality
Consideration of the legal personality for legal persons is accepted by rational men and many contemporary jurisprudents, but what is disputable among them is that on which basis has this personality that we consider for the unrealistic subjects been accepted? Several different points have been pres...
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| Format: | Article |
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Razavi University of Islamic Sciences
2019-08-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_11_2a54f039ecd9f7b5aa0e75e9b8c72ae7.pdf |
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| _version_ | 1849246117460443136 |
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| author | Qasem Nakhaeipour Muhammad Ali Saeidi |
| author_facet | Qasem Nakhaeipour Muhammad Ali Saeidi |
| author_sort | Qasem Nakhaeipour |
| collection | DOAJ |
| description | Consideration of the legal personality for legal persons is accepted by rational men and many contemporary jurisprudents, but what is disputable among them is that on which basis has this personality that we consider for the unrealistic subjects been accepted? Several different points have been presented in this regard, two of which that are famous are the theory of realism and the hypothesis of a legal personality, which one of them is generally chosen by jurists. Considerable criticisms have been made on both theories, thus, in this article we seek to prove the basis of the contractual nature of the legal personality, which is somehow derived from the words of the jurists. According to this theory, if we consider legal personality for inhuman issues, it is because of the agreement and contract that has been made among real persons and it is a rational consideration. |
| format | Article |
| id | doaj-art-77071492cbeb4c29acb4ddd73ef2dedb |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2019-08-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-77071492cbeb4c29acb4ddd73ef2dedb2025-08-20T03:58:36ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902019-08-011119619011Rational Considerations in the Analysis of the Basis of Legal PersonalityQasem Nakhaeipour0Muhammad Ali Saeidi1Assistant professor at Birjand UniversityAssistant professor at Razavi UniversityConsideration of the legal personality for legal persons is accepted by rational men and many contemporary jurisprudents, but what is disputable among them is that on which basis has this personality that we consider for the unrealistic subjects been accepted? Several different points have been presented in this regard, two of which that are famous are the theory of realism and the hypothesis of a legal personality, which one of them is generally chosen by jurists. Considerable criticisms have been made on both theories, thus, in this article we seek to prove the basis of the contractual nature of the legal personality, which is somehow derived from the words of the jurists. According to this theory, if we consider legal personality for inhuman issues, it is because of the agreement and contract that has been made among real persons and it is a rational consideration.https://cjd.razavi.ac.ir/article_11_2a54f039ecd9f7b5aa0e75e9b8c72ae7.pdflegal personality basisreal and hypothetical theorycontractualrational consideration |
| spellingShingle | Qasem Nakhaeipour Muhammad Ali Saeidi Rational Considerations in the Analysis of the Basis of Legal Personality آموزههای فقه مدني legal personality basis real and hypothetical theory contractual rational consideration |
| title | Rational Considerations in the Analysis of the Basis of Legal Personality |
| title_full | Rational Considerations in the Analysis of the Basis of Legal Personality |
| title_fullStr | Rational Considerations in the Analysis of the Basis of Legal Personality |
| title_full_unstemmed | Rational Considerations in the Analysis of the Basis of Legal Personality |
| title_short | Rational Considerations in the Analysis of the Basis of Legal Personality |
| title_sort | rational considerations in the analysis of the basis of legal personality |
| topic | legal personality basis real and hypothetical theory contractual rational consideration |
| url | https://cjd.razavi.ac.ir/article_11_2a54f039ecd9f7b5aa0e75e9b8c72ae7.pdf |
| work_keys_str_mv | AT qasemnakhaeipour rationalconsiderationsintheanalysisofthebasisoflegalpersonality AT muhammadalisaeidi rationalconsiderationsintheanalysisofthebasisoflegalpersonality |