Departing from legal summaries in identifying the true concept of the right of permissibility and discretion

Javar, Hossein; Osuli Yamchi, Mohaddeseh

doi:10.30497/sj.2025.246743.1411

Departing from legal summaries in identifying the true concept of the right of permissibility and discretion

Document Type : Original Article

Authors

Hossein Javar ¹

Mohaddeseh Osuli Yamchi ²

¹ Associate Professor, Department of Private Law, Farabi Campus, University of Tehran

² Department of Jurisprudence and Fundamentals of Islamic Law, Farabi Campus, University of Tehran

10.30497/sj.2025.246743.1411

Abstract

Identifying the right from concepts such as freedom, permissibility, to be allowed and discretion is important due to the difficulties caused by mixing these two and misinterpretations. One of the common fallacies is the fallacy of real and figurative, which is due to the legislator's use of "common words" or the way of expressing legal propositions. , has happened and caused some cases such as the right to divorce, recourse in divorce or recourse to Awad, in the opinion of some, to be abortive. Therefore, it is necessary to define conceptual boundaries with appropriate methods (research problem). By relying on the classification of the core of authority and surveying the criteria of jurists (research method), it is known that by relying on the nature of the credit relationship of the right and paying attention to the difference in the "limit of authority" and the "degree of dominance of persons", the difference in the "limitation limit" and the achievement of "dominion over Supremacy" or "authority over authority" which is specific to the term right, achieved a correct diagnosis. In the true concept of the right, revocability is the definitive factor of differentiation with similar concepts, and paying attention to field factors such as the right being the right, the existence of the obligor, the existence of context and reason, the existence of the intention of revocation and its expression, the possibility of delimitation, obligation, demandability, and decomposability, conceptual dimensions and Explained the example of right and wrong (research results).

Keywords

"Verbal sharing"

"legal summaries"

" to be allowed"

"discretion"

"two-degree discretion"

"degree of limitation"