Document Type : Original Article
Authors
1
PhD student in theology and Islamic studies (jurisprudence and principles of Islamic law), Islamic Azad University, Hamadan Branch, Hamadan
2
Assistant Professor of Theology and Islamic Studies (jurisprudence and principles of law),Islamic Azad University, Hamadan Branch, Hamadan, Iran
3
Assistant Professor of Private Law, Islamic Azad University, Hamadan Branch, Hamadan, Iran
10.30510/psi.2022.326877.3021
Abstract
The present study seeks to examine the comprehensive and important ordinary legal document called affidavit and charter with which the society faces many issues in doing business, but the legislator has not yet specified a clear task in distinguishing between these two documents and the legal article. It has not been imposed on it. For this reason, the views have been different in different eras, in a way that in the opinions of legal and administrative scholars, a completely unified view and procedure can not be found. Opinions and opinions have played an effective role in expressing the legal effect of these two and sometimes the political and economic interests of the government have not been ineffective in creating this divisive situation. Does he have real estate? In order to answer this research, we have tried to determine the principles and rules governing the charter and affidavit and their legal effects. Also, in this research, the principles and rules governing the charter and its legal nature have been clarified through analytical and descriptive methods. And jurisprudence should be expressed in the judicial administrative system of Iran, such as the Guardian Council, which exists regarding the nature of this legal institution. For this reason, an attempt has been made to analyze the concept and nature first. The results show that the charter and the affidavit are bilateral in nature and have the form of a contract.
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