نوع مقاله : مقاله ترویجی
نویسندگان
1 استاد حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه قم
2 دانشجوی دکترای حقوق جزا و جرم شناسی دانشکده حقوق دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Faithfulness to the covenant is a most important moral value and a strong recommendation in the Islamic religion. adherence of society's members to their commitments and debts in a responsible manner is essential to upholding public order in the scope of transactions.However,there are situations when a debtor would engage in transactions to keep his property out of the hands of the creditor in an effort to avoid paying the obligation.In the interim,the best course of action for dealing with this behavior should be determined by the dispute between the principles of correctness and subordination, which on the one hand, support the owner in the transaction of his property.on the other hand, the obligation to reimburse,the prohibition of procrastination and the turpis causa should be determined.In addition, the necessity to defend public rights compels legislators to establish legal sanctions for this conduct.The study aims to measure the deterrence of legal,civil,and criminal sanctions,investigating the approach of Imami jurists and civil jurists towards such a transaction with an analytical-descriptive method;and the punishment determined in the law for it has been tested according to the theory of deterrence.Finally,different divisions were explained based on jurisprudential and legal presuppositions,and logical opinion was expressed.Regarding the punishment with the intention of escaping the debt,It was revealed that the legal flaws and The interpretation of the origin of religion connected to crime stated in the unanimous judgment of the General Board of the Supreme Court had diminished the deterrent of the penalty of this crime,in terms of the uncertainty.
کلیدواژهها [English]
)