Document Type : research
Authors
1
PhD student, Department of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
2
Assistant Professor, Department of Law, Payam Noor University, Tehran, Iran
3
Assistant Professor, Department of Law, Faculty of Humanities, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
10.22034/ejs.2024.440706.1679
Abstract
Background and Aims: Hajar is one of the important topics and the subject of discussion. The purpose of the present research is a comparative study of the foundations and tools of Iranian and British law.
Materials and Method: The present research is based on a descriptive-analytical method with a comparative approach and based on qualitative content analysis, which was done by referring to library sources and analyzing the legal texts of Iran and England.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In law, sab-e-hajar is limited to minors, insanity, and insanity, while there are other conditions such as Alzheimer's, addiction, and Down's syndrome, which have no history, and it seems necessary to determine their legal status. From the legal point of view, a person who suffers from Alzheimer's disease is at risk of being abused by third parties due to the lack of mental concentration on affairs and also acute and frequent forgetfulness regarding various issues, including the parties to the transaction and his property, and the philosophy and wisdom of Hajar There is genuine support for them. Regarding addiction, the title of spendthrift applies to an addicted person, and stupidity includes spendthrift, so the person is forbidden and prohibited from financial possessions.
Conclusion: Protecting the deprived persons and the rights of third parties is one of the fundamental principles of the Hajar of the Persons, and contrary to the popular opinion, the Hajar of the Persons is not exclusive and is allegorical.
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