The effect of coma on the legal relations of a person in a coma

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 11 June 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.81992.1574

Authors

Maryam Bolandi^{* 1}; mohamad mehdi ALSHARIF²

¹Member of the faculty University of Kashan

²Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, Isfahan University, Isfahan, Iran

Abstract

Although the occurrence of anesthesia and unconsciousness makes person in coma face many legal issues; However, the civil law only mentions one issue regarding fainting and leaves many other issues unanswered. This situation has caused most of the legal writers to solve the issues related to coma with the rulings related to Hajar. The purpose of writing this research is to accurately separate the category of coma from stone and to determine the status of legal acts of coma. Based on the findings of this article, which is written in descriptive and analytical method,, despite the fact that the law talks about invalidity of insane, unconscious, and drunken transactions together, but the fact is that the invalidity of an unconscious transaction is the same as the nullity of a drunken transaction, which despite having legal capacity and lack of stone, due to the failure to fulfill the intention of the author at the time of the marriage, the transaction It is condemned to invalidity, not a mad transaction, which is rooted in his incompetence and stone. Based on this, it is incorrect to appoint a guardian for person in coma, even if his anesthesia lasts for a long time, and the institution of appointing a guardian can only be used for him as an incapacitated person. The revocation of power of attorney and other permission contracts due to long-term unconsciousness is not rooted in the stone of magic, and it is due to the foundation of permission contracts.

Keywords

Coma; a person in coma; consent contracts; Hajar; intention of essay

References