نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Moqasah (or Taqas) means getting property of a debtor who denying or delaying for his/her payment without his/her permission. Moqasah it is an extraordinary right and given to a creditor who s/he couldn’t achieve his/her quest by ordinary ways. It is extraordinary because the creditor could tenancy the property of debtor without debtor’s permission. The main reason for permission of Moqasah is a Hadith that is not talking about mandate in Moqasah, on other hand according to a general rule deputation in all affairs is acceptable except in things that non deputation has a reasonable reason. Although Moqasah’s extraordinary feature could be a reason for not permitting deputation for it, if even this is a reason for inconvertible, but in Moqasah there are conditions such as absoluteness of creditor’s right and not paying the debt by debtor, this situation is not a condition for non-creditor, because this is a conscionable affair. By these reasons we could say: achieving to right by Moqasah does not need mandate.
کلیدواژهها [English]
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