‬معاملات افراد دارای اختلال روانی اضطراب اجتماعی در فقه اسلامی و حقوق ایران

نویسندگان

1 استادیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه پیام نور، تهران: ایران

doi
10.22037/mfj.v16i46.46780
چکیده

Background and Aim: The intention to create is the pinnacle of subjective satisfaction in contracts, and the legislator has considered the presence of intent for its realization, along with explicit expression by the contracting parties, as one of the conditions for the validity of transactions. However, today, there are many psychological disorders that, by influencing the intent and will of the parties involved, remove it from the sphere of legal validity. Social anxiety disorder is a psychological disorder where the fear of negative evaluation by others is the primary factor causing it. This factor disrupts cognitive functions and, in severe cases, may impair an individual's decision-making ability. In this research, we seek to answer the question: What is the status of the validity of transactions for individuals with social anxiety disorder? Materials and Methods: This study has examined the subject from a jurisprudential perspective with a descriptive-analytical approach. The data have been collected through a library research method, and the primary sources are books and jurisprudential articles. In the context of psychological aspects, psychological resources have also been used. Conclusion: Negative emotions and post-event rumination in patients with high levels of social anxiety disorder detach the individual from the transactional situation they are in, leading to a lack of balance and stability in behavior and decision-making. As a result, the transactions of these patients, assuming the absence of intent to create legal effects, are deemed invalid. However, at a controllable level of social anxiety, the principle is that the transactions are considered valid.