A. Ansari; S. Zolfaghari
Abstract
Since there is no clear order on immaterial properties
mortgage by civil code, some have totally denied immaterial
properties mortgage, by considering religious resources which
are the basis for civil code content while some others consider
it as being acceptable according to some other kinds of
resources. ...
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Since there is no clear order on immaterial properties
mortgage by civil code, some have totally denied immaterial
properties mortgage, by considering religious resources which
are the basis for civil code content while some others consider
it as being acceptable according to some other kinds of
resources. This paper aims at stating some points by taking all
of these into consideration:
According to the appearance and the history of civil
code, immaterial properties mortgage is not acceptable, an
idea which apparently supports the idea of the first group. In a
set of scattered acts, immaterial properties are put as the
subject of a contract which is named pledge. The security
contract of such property, according to the utilization
antecedents of this meaning, is a novel aspect of secured
contracts which is a different contract in Iran with different
rules and consequences, on the terms of subjects that are
presented in this acts about security.
Since the function of law is to solve the problems not to
add up the theoretical and practical difficulties, these
differences are not desirable. Thus, solving this problem to a
large extent can be an answer to the needs, especially current
business needs, by modifying the civil code regulations about
mortgage contract principles (considering the religious
grounds for these modifications) and approving a new
provision with considered rules and results, specifying the
acceptance of immaterial properties pledge.
H. Bagheri Asl
Abstract
One of the voidable contracts' issues is proceeding of
option in contracts. Jurisconsults have discussed and studied
this issue in detail but regretfully the issue of proceeding and
non-proceeding option in voidable contracts hasn't been
studied and analyzed by jurisconsults and jurists so that a
scientific ...
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One of the voidable contracts' issues is proceeding of
option in contracts. Jurisconsults have discussed and studied
this issue in detail but regretfully the issue of proceeding and
non-proceeding option in voidable contracts hasn't been
studied and analyzed by jurisconsults and jurists so that a
scientific vacuum can be noticed in it. The reason behind the
issue is that the scholars of Islamic and Iranian law have
supposed that the non-proceeding of option in voidable
contracts is a certain issue, while it is not so and there is
discrepancy in the issue and it should be studied seriously to
remove the existing scientific vacuum. This article seeks to
study and analyze the above-mentioned issue and acquires and
presents its correct opinion and proof with regard to
intellectual analysis and inference from Islamic and Iranian
law's sources and this is the most important finding of the
research
H. pourbaferani
Abstract
From article 186 to 188 of Islamic Penal Code (1370),
three crimes have been specified as the Counterrevolution
Crime, armed insurrection against Islamic government,
planning for overthrowing the Islamic government and
nomination for an important position in Coup dominion.
Lawmaker includes these ...
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From article 186 to 188 of Islamic Penal Code (1370),
three crimes have been specified as the Counterrevolution
Crime, armed insurrection against Islamic government,
planning for overthrowing the Islamic government and
nomination for an important position in Coup dominion.
Lawmaker includes these three Crimes under the Moharebeh
Chapter and according to him, everyone who Commits one of
these Crimes is Combatant (Mohareb).
However, the nature of crimes related to armed
insurrection is different from the nature of Moharebe Crime.
First of all, the armed insurrection crime aims at the Islamic
government, while the subject of Moharebeh Crime is
people's security. Secondly, Moharebeh Crime is classified in
prescribed punishment, but the armed insurrection against
Islamic government (Baghy) is not included in prescribed
punishment.
This paper is concerned about the above-mentioned
subject and reviews the three mentioned crimes.
A. Zeraat
Abstract
The concept of contradiction is important in the
interpretation of legal and religious laws because the legislator
uses the concept of contradiction in many laws. In law texts,
this concept has been referred to as condition, attribute, goal,
limitation, number and title. As each of these concepts ...
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The concept of contradiction is important in the
interpretation of legal and religious laws because the legislator
uses the concept of contradiction in many laws. In law texts,
this concept has been referred to as condition, attribute, goal,
limitation, number and title. As each of these concepts has
been treated separately, it has caused an increase in the
volume of the relevant law texts. This does not seem to be a
proper policy because all of these concepts constrain the law
in similar ways. Therefore, one can discuss them under a
general umbrella term introduced as the concept of constraint
in the present article. All these concepts are used somehow to
limit or to constrain the subject of a law. The question that can
be raised is whether a law is actually nullified as the
constraints mentioned in it are removed? This article explores
ways of studying and researching concepts related to
contradiction. It expects to introduce a new approach that can
be used in the current practices of law and jurisprudence in
Iran. The findings of the present work indicate that the
concept of constraint is actually a unitary one and one cannot
rely on lexical variations in the related literature. The
intentions of the legislator may be arrived at by considering
both the superficial lexical items used and their logical
implications.
A. Soltani
Abstract
Rehabilitation are as follows: Restoring credibility,
prestige and rights taken away from the crime victims (All
those others who have eroded their dignity) offenders and
resolving all legal and social deprivation and the effects of
certain criminal convictions after the penalty period, of record
against ...
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Rehabilitation are as follows: Restoring credibility,
prestige and rights taken away from the crime victims (All
those others who have eroded their dignity) offenders and
resolving all legal and social deprivation and the effects of
certain criminal convictions after the penalty period, of record
against the sentence if it is predicted in the la.
Rehabilitation is of two kinds: General rehabilitation
and special rehabilitation.
Sometimes damage to the reputation and integrity of the
person is from others Such as the mistakes and fault of the
judge, defamation (defamation and libel), and false
accusations (universal restoration), Sometimes damage to the
social prestige is due to his own Action. The criminal person
hurts his reputation by criminal violations of regulations and
rules of the society and oppresses other people's material and
spiritual integrity of character degrades his own social status
and credit (A restoration). This study examines the
fundamentals of religion, these two types of restoring dignity.
Restoring the legitimacy of general principles can be found in
the verses of the Quran, hadith, and the foundation of reason
and rationality. The most important foundation for the
legitimacy of certain rehabilitated is repentance.
H. Simaee Sarraf; A. khorasani
Abstract
Sometimes the quantitative condition of transaction
subject-matter is deemed secondary and sometimes it is a
primary element of the contract. If the quantity that parties
have agreed upon is not consistent with the actual amount,
then problems regarding the legal status of the contract and
the rights ...
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Sometimes the quantitative condition of transaction
subject-matter is deemed secondary and sometimes it is a
primary element of the contract. If the quantity that parties
have agreed upon is not consistent with the actual amount,
then problems regarding the legal status of the contract and
the rights and obligations of the parties come to play. Civil
Code (Articles 355, 384 and 385) and Deeds and Immovable
Registration Act (Article 149), have left the matter ambiguous
and deficient which by turn has made so many discrepancies
in the interpretation and construction of the aforementioned
articles. In order to find a solution to these problems, it is
required to distinguish between reality and the agreement, by
then, the answer shall be provided by referring to the fact that
whether the quantity condition falls within the parties'
agreement and the reality is in fact dissoluble or indissoluble,
by resorting to the general rule in each case. It has been tried
in this article to remove the vagueness of the statutes by
providing a general rule for the infringement of the
quantitative condition of the transaction subject-matter,
presenting the words of law to that rules.
Z. Fattahzadeh; A. Amini
Abstract
contractual relations. Today, technical and complex
products are produced in large scale. Due to
unknown defects in the goods and not providing enough
information on how to use them properly, many disasters and
damages are caused not only on consumer but also to those
who did not use the products. ...
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contractual relations. Today, technical and complex
products are produced in large scale. Due to
unknown defects in the goods and not providing enough
information on how to use them properly, many disasters and
damages are caused not only on consumer but also to those
who did not use the products. And what is mentioned in
the law in protection of consumer act cannot be a desirable
protection of consumers.
Liability of producer against consumer is a new matter
in âFeghâ. No doubt that liability or nonliability
for producers is subject to the rules of liability and its
application is discussed in this paper. However, when the
relationship of Sabbyt between losses incurred
and defect product is granted, liability is determined on the
basis of the rules of LA-zarar, and operating loss is
determined through the various factors according to the
rules of Tasbyb and Ghoror ., but determination of
responsible of defective products has a special complexity.
It is dependent on several factors. Some leads to responsibility
of manufacturer and some of them eliminate it.
H. Naseri Moghaddam; M. Ghabooli Dorafshan; S. Mahmoudabadi
Abstract
Although, there is no single definition of Letting
contracts (like: borrowed, trust, Subrogation) and some have
denied its very existence, but if we accept these contracts and
present this minimum definition for it as " the contracts in
whose nature the letting is sufficient" then we must ask that
whether ...
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Although, there is no single definition of Letting
contracts (like: borrowed, trust, Subrogation) and some have
denied its very existence, but if we accept these contracts and
present this minimum definition for it as " the contracts in
whose nature the letting is sufficient" then we must ask that
whether interference happens in them or not. There are two
views about it. Some believe that interference does not happen
in them because when there is the letting then there is
interference or lack of interference makes no difference.
While, others believe that interference in letting contracts is
not problematic. The authors have strengthened the speech of
probability by their reasons.
