Passing from legal presumption to legal fiction in determination of the maturity criterion

Document Type : Original Article

Authors

1 Ph.D. Candidate of Private Law, Islamic Azad University, Yasuj

2 Assistant Profesor of Law, Islamic Azad University, Yasuj

3 (Assistant Profesor of Law, Islamic Azad University, Yasuj)

10.52547/jlr.2023.227234.2222

Abstract

Puberty as a jurisprudential-legal issue and given the existence of different laws on it, the mind is involved with this important question whether the age of puberty in the law of contracts and marriage contract is two different categories or not? The existing conflicts between the legal articles related to the age of puberty necessitate the need to conduct an independent research in this regard in order to find a solution to resolve those conflicts, and based on this, in the present research, we approach this issue with the approach of the difference between presumption and presumption and the application of these two concepts. In the determination of the age of puberty, it has been discussed by mentioning jurisprudential and legislative records and finally led to the proof of the unity of the concept of maturity in the law of contracts and marriage contracts with the possibility of combining both criteria of the age of puberty independently with the approach of transforming the concept of maturity from the former assumption to the decree and creating The new assumption is with the hoocoomat of legal capacity.

Keywords: maturity, legal fiction, legal presumption, legal capacity.

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History

  • Receive Date: 06 June 2022
  • Revise Date: 17 December 2022
  • Accept Date: 07 January 2023

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