نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Referral, as an important issue in the fields of jurisprudence and law, has conditions regarding referring person and consequences that have always been the focus of legal experts, jurists, and stakeholders. Some theorists consider referral as a right and extend the conditions and consequences to it. Others have regarded referral as a ruling and define its characteristics based on the ruling. They have also established conditions for using referrals about the referring person. The present study aims to explain the difference between whether referral is a right or a ruling and the conditions that arise from the referring person. It seeks to provide a precise understanding of the conditions of referral in the field of law and jurisprudence, in line with the opinions presented so far. This research has been conducted through library studies and a descriptive-analytical method. The ultimate results of this study indicate that for the referring person to be able to use referral, they must have eligibility, intention, consent, and willingness. However, regarding the difference between right and ruling, it seems that before determining referral as a right or a ruling and favoring one over the other, we should initially pay attention to the existing conditions.
کلیدواژهها English
