List of Articles Javad Niknejad

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  1 - The effects of the dissolving condition in the legal system of Islamic countries according to Imamiyeh jurisprudence
  hosein gafari samet mahshid sadat tabaei javad niknehad
  10.30495/alr.2022.1953072.2299
  20.1001.1.23831634.1401.15.55.32.4
  Field and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual w More

  Field and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract?Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act , regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition , the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection. Manuscript profile
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  2 - The effect of not objecting to the invalid arbitral awards, the manner of consideration and the effects of the annulment of the arbitral award: With emphasis on international commercial arbitration law
  Rada Asadpour Piranfar Javad Niknejad
  10.30495/alr.2022.1924591.2046
  20.1001.1.23831634.1401.15.55.10.2
  Field and Aims: Arbitration litigation is not always without its drawbacks, so the legislature has considered ways to invalidate arbitral awards, one of which is through retrial. Of course, this issue is controversial among jurists, because some do not consider the retr More

  Field and Aims: Arbitration litigation is not always without its drawbacks, so the legislature has considered ways to invalidate arbitral awards, one of which is through retrial. Of course, this issue is controversial among jurists, because some do not consider the retrial as part of the arbitral awards and consider it possible only through the authority and the court that determines the arbitration, but others have foreseen the retrial in the arbitral awards.           Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.    Findings and conclusion: An important issue is the determination of the competent court to consider the annulment of the arbitral award. There are differences of opinion on this issue as well, as national legal systems may also claim jurisdiction over the annulment of arbitration. Therefore, only the national courts can hear the request for annulment of the verdict, which according to the criteria accepted in the relevant legal system of the court, the verdict of the petition for annulment is considered internal to that country. Therefore, in this study, ambiguities and conflicts in the field of retrial and competent court to cancel the arbitral award were resolved. Manuscript profile
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  3 - نقد و بررسی و تحلیلی از مراجع رسیدگی به اشتباهات ثبتی در حقوق ثبت ایران و انگلستان از نظر هیئت نظارت و شورای عالی ثبت
  فرشید فرشید حسین عمویی جواد نیک نژاد عباس مقدری
  10.30495/alr.2021.684632
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  4 - Standard parallel futures contract analysis In the legal system of Iran and the jurisprudential system of Shiite countries
  mostafa Yousefzadeh Gandvani javad niknegad behnam ghanbarpor
  10.30495/alr.2022.1950117.2261
  Background and Aim: Salaf contracts have been widely used as one of the effective financing tools since ancient times, but in the face of changes and economic development and capital market developments, they need to be reviewed, modernized and applied in line with tech More

  Background and Aim: Salaf contracts have been widely used as one of the effective financing tools since ancient times, but in the face of changes and economic development and capital market developments, they need to be reviewed, modernized and applied in line with technology growth and development tools. It has been financial. This article examines, analyzes, and applies different perspectives on various aspects of the nature and effects of standard parallel predecessor contracts in the Iranian legal system and the jurisprudential system of Shiite countries. Entered into this type of contract has also been discussed and analyzed.Method: The present article has been done by descriptive and analytical methods.Findings and Results: In order to solve the problems of the absence of secondary markets for futures contracts in the stock market by combining futures contracts and remittance contracts, a new financial instrument called standard parallel futures has been invented. This has been introduced as a new and effective financial instrument in the financial markets, having the advantages and advantages of futures contracts that can be traded in the secondary markets of stock exchanges and securities. Since the nature of this type of contract as an agreement to buy or sell a certain asset at a certain time in the future and at a specific price, which in many cases leads to physical delivery of goods, is favored by Muslims and even abroad and across borders. Internationally, it is welcomed by the legislators of the world. Manuscript profile
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  5 - Deal agreement on Iranian law and Imami jurisprudence
  mostafa yosefzadeh gandvani javad niknehad behnam ghanbarpor
  10.30495/alr.2022.1900104.1847
  Bargaining agreements play an important role in reducing transaction risk and increasing the efficiency of financial markets and attract cash capital to production units and factories. On the other hand, the lack of accurate knowledge of the nature of this efficient fin More

  Bargaining agreements play an important role in reducing transaction risk and increasing the efficiency of financial markets and attract cash capital to production units and factories. On the other hand, the lack of accurate knowledge of the nature of this efficient financial instrument has caused doubts in the use and development through this financial instrument and these contracts should not be common in the financial markets as it should be. The nature of the option contract in the primary markets is determined by the seller's commitment to perform a certain legal action in the future in return for the exchange, and in the secondary markets the transfer of a certain right in return. In this study, we intend to study and analyze the nature, characteristics, effects and provisions of option contracts from the perspective of traditional Iranian law and the teachings of Imami jurisprudence by looking at the economic needs and interests of the country. Regarding the various aspects of the case, Imami jurists will finally conclude that the use of optional contracts is generally legal and sharia, and objections such as arrogance and gambling are not relevant in the said contract and Article 10 of the Civil Code can be the best format. To justify the contract is considered a transaction option and the use of this financial instrument can play a worthy role in the realization of a resistance economy. Manuscript profile
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  6 - A Think on the Fair Internet Disputes Resolution
  Seyyed Kamal Hosseini جواد نیک نژاد
  10.30495/alr.2022.1950354.2268
  20.1001.1.23831634.1401.15.58.2.0
  Imbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this More

  Imbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this study in order to resolve this inequality and imbalance between the parties, attention has been paid to how to apply the principle of due process of law over arbitration in litigation and internet disputes. As a result, due to the lack of free choice and the repetitive role of the actor, this principle requires that the imposition of an arbitration clause be prohibited or restricted before arising disputes as to contracts concluded with consumers. Also, some cases could not be referred to arbitration and should be interpreted in favor of the consumer if there is any ambiguity in the arbitration agreements. The government should provide mechanisms to reduce arbitration costs. The arbitration award must be reasoned and made public. Manuscript profile