Title of article :
Fatal Disease’s Effects On Legal Transaction in The Ottoman Law
Author/Authors :
atasoy, samed selçuk üniversitesi - hukuk fakültesi - hukuk tarihi anabilim dalı, Turkey
From page :
243
To page :
275
Abstract :
The previous article studied about definition of fatal disease. This article is a contuniation of pre-vious one. Because of that fatal disease’s effects on legal transaction will be discussed. Fort his purpose, the definitions and conditions of fatal isease and its effect on psychology and competency will not be mentioned.Fatal disease and its effects on legal transaction is important in Islamic Law and there are legal arrangments about this subject. The person with fatal disease’s juridical capacity is notrestricted for any legal action. However there are some transactions with financial consequences and likewise although they do not appear to be financial transactions but have financial consequences are disabled or restricted.First of all, the effects of fatal disease on the voluntary transference of the foundation and the donation, its effects of fatal disease on the confessus will be examined. Next, the effect of fatal disease on marriage and divorce will be examined. Then, the effects of the fatal disease on the sale and lease con-tract, debt discharging to the creditors, “selem akdi”, “mudarebe”, “müzaraa” will be examined. After-wards, the effect of fatal disease on guarantee, acquit and preemption will be discussed and the article will be finalized with the conclusion section.
Keywords :
Fatal Disease , Voluntary transference , Legal transaction , Contracting , Islamic Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Record number :
2748949
Link To Document :
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