Examining the sentences of paying the debt of the deceased (tōzišn) and debt settlement (pēš-tōzišnīh) in Sassanid times from the Mādayān ī hazār dādestestān
Subject Areas : Epistemological and methodological researcher of historical research
1 - Iran, Tehran, Islamic Azad University, Science and Research
Keywords: Keywords: «Sasanian», «Mādayān ī hazār dādestestān», «tōzišn/solvency», «pēš-tōzišnīh/ debt settlement», «confiscation/ āgrawīh»,
Abstract :
Mādayān ī hazār dādestestān or Book of a Thousand Judgment is the only manuscript of the imperfect from the legal collection of the Sassanid period. This article is studying a legal term tōzišn means paying the debt and paying the debt of the deceased and compenasting of the warranter and pēš-tōzišnīh the meaning of repayment and how the debtor's debt is settled and its purpose is to explain the legal rules to pay of the debt of the deceased and how to settle the debt in the civil society of the Sassanid period. For this purpose, a question arises: What did the legislators envisage in the issuance of Judgments tōzišn and pēš-tōzišnīh to pay the debt and settle it? Based on the existing laws, we find that, Legislators with awareness predicted possible disputes of survivors in the death of the deceased and the debtor's possible evasion of payment and even the debtor's financial poverty and issued rulings for pay the debt of the debtor and pay the debt of the deceased, duties of survivors, the debtor and guarantor are know; and disagreement is eliminated between the family and the legal creditor and by adopting legal solutions, does not exist way to avoid fulfilling the obligations. This article is theoretical and has been done with historical-analytical method. While interpreting the legal term tōzišn and pēš-tōzišnīh, we find its social function in the Sassanid period. Given the lack of documented research in this area, the need to address it is obvious.
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