نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق پژوهشگاه حوزه و دانشگاه قم، قم، ایران
2 عضو هیات علمی پژوهشگاه قوه قضائیه
3 استادیار دانشگاه آیت الله بروجردی ره
4 کارشناس ارشد حقوق خصوصی دانشگاه آیت الله بروجردی ره
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
According to the rule of Ehsan, Mohsen's person is exempt from the guarantee due to the damage he inflicts on Mohsen Aliyeh in order to repay the loss. One of the important issues under this rule is that if Mohsen and Mohsen Aliyeh are one person, that is, a person harms another in order to avoid harm from himself or to transfer profit to himself, does the rule of Ehsan also exempt such a person from guarantee or not? In this article, by rejecting the view of the jurists who have considered Ehsan to be the guarantor of self-sufficiency, it has been proved that Ehsan on the soul is not essentially Ehsan because the origin and correctness of denying both are signs of truth and the origin of Ehsan is Ehsan on others. "On oneself" is correct, and even if we do not consider the subject of benevolence to be excluded from the scope of the rule of benevolence, because of the necessity of the present goodness for the flow of the rule of benevolence and the absence of such goodness in "benevolence" towards the victim and also because the verse "We are Ali al-Muhsinin" is gratitude and should not lead to harm.
کلیدواژه‌ها [English]
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