List of Articles علیرضا عسگری

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  1 - Civil Rights V.kyfry illegitimate child
  mosayeb taghizadeh علیرضا عسکری
  AbstractThe illegitimate child is a baby who is born as a result of illegal and illegitimate relations such as adultery or incestuous marriage, with no kinds of marriage contract, then the illegitimate baby due to lack of legal relationship deprives some benefits in the More

  AbstractThe illegitimate child is a baby who is born as a result of illegal and illegitimate relations such as adultery or incestuous marriage, with no kinds of marriage contract, then the illegitimate baby due to lack of legal relationship deprives some benefits in the society. Based on dominion of the Art.1167, GH/M, up to the year 1997, s/he could not take benefit from any rights, except the issue of close relationship. However, the jurists with considering the unity discretion for the procedure No.1376/4/3/617, on the strength of the words of some Shia jurists and the Imam Khomeini's reputed theory in this regard, impart the illegitimate child in all civil rights including the custody, guardianship, alimony, ID. Card, residence and etcetera except the issue of heritage, and also if the illegitimate person is murdered by a legitimate person, that person shall also be retaliated, and based on the popular theory of the jurists, the atonement of the illegitimate equals the one of legitimate. In case s/he has no heirs, the religious Imam or governor is considered as his heir. Manuscript profile
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  2 - Investigating jurisdicial and lawful rule non-Retroactive in murder category
  احمد مرادخانی seyed masih hoseini seyed mohammad mehdi ahmadi alireza asgari
  Category retroactively lack inclusion of the lawful rule and control, as is the death and the reflection is important. Practices and attitudes legislator of religious orders, he is not to apply rules which consequently leads to injustice in the criminal process to bring More

  Category retroactively lack inclusion of the lawful rule and control, as is the death and the reflection is important. Practices and attitudes legislator of religious orders, he is not to apply rules which consequently leads to injustice in the criminal process to bring Contemplated in the context of judicial precedent 10/25/1365 Number 45. “Article 6 of the Islamic Penal Law October 1361 that the penalties and corrective measures By law put before the crime is established Withdrew from his commands legislation, including legislation relating to retaliation that have been at the forefront of Islam ... In 1370 criminal legislator in Article 11 of the Penal Code rule retroactively not only rules governing the " government and military regulations," he And consequently the rule was adopted in the Iranian Law is limited. Therefore, the legal rules of borders and murder, expense and exclusion criteria of the regulations was the system of government. Finally, it is accepted that the only punishment suspended under the rule of law are not retroactively. The present paper suggests that the death penalty is not out of the realm and inclusion rule retroactively known. This article aims to study the most important jurisprudence and legal arguments to justify the death penalty are not paid retroactively. Key words: non-retroactive, murder, acquit principle, criminology, prevention. Manuscript profile
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  3 - Sheikh Ansari and matching the option of the views on civil rights
  najmeh azizi naserabad علی رضا عسگری
  Spanish cucumber, gerund of authority. the term is defined to mean ownership contract. The purpose of this paper is to examine the option of civil rights from the perspective of Sheikh Ansari and match. In the preparation of the analytical method and library has been us More

  Spanish cucumber, gerund of authority. the term is defined to mean ownership contract. The purpose of this paper is to examine the option of civil rights from the perspective of Sheikh Ansari and match. In the preparation of the analytical method and library has been used .. According to the findings,Sheikh Ansari believes that the condition of the cucumbers - the authority to terminate or to sign the deal - the contract in cucumbers for someone to be proved right this right is given to him. And believes that the option of in terms of time, not a certain extent, but any period of time, short or long, attached to the contract or detached from it; it is permissible to be provided in the contract, but must be determined to the extent that otherwise it is not possible to increase or decrease the bet is void and the transaction. If the option in the contract for any of the seller and the buyer as well as to foreigners alone or with one of the sides of the contract is correct. Khyarshrt right because if it is fixed in the contract. That is, thecontrol of the holder of the right to terminate the contract due to the condition of the cucumbers cucumbers for the Qdast. Cucumber such other terms and conditions as a result of mutual consent, the parties achieved an agreement. And the effect of which is the termination of the contract is subject to the will of the stipulation. Manuscript profile
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  4 - Special provisions in the contract of sale with defect from the perspective of Jurisprudence and its compliance with the law in Iran
  بتول مغفوری فرسنگی علیرضا عسکری
  One of the features of the contract of sale is a defect , This means that anything that exists in the sales price , or causing to be provided . (Provide legal grounds for cancellation of contract on voluntary termination of that contract jurists have called it ownership More

  One of the features of the contract of sale is a defect , This means that anything that exists in the sales price , or causing to be provided . (Provide legal grounds for cancellation of contract on voluntary termination of that contract jurists have called it ownership . ) . This judgment detect some known and some more or less the norm as the basis for an objective observer to be deemed to have . Article 422 of the Civil Code states : ” If it is determined that the product was defective after the transaction the customer is free to the product defective or terminate the transaction is accepted by obtaining reports”. In this case, the customer can terminate the transaction or receive reports . In this article we have tried to defect provisions in the contract of sale for the civil rights of Iran's Shiite jurisprudence . Manuscript profile
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  5 - Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.
  gader AHMADI ahmad moradkhani alireza asgari ohammadmahdi ahmadi
  Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.Some jurists onl More

  Compensation of all damages conducted to people is the evident juridical and legal principles including physical damages on people so that it could be compensated .However, there is different points of view especially way of physical damage compensation.Some jurists only consider way of physical damage compensation through civil regulation responsibility.On the other hand, Imamyeh jurists and some lawyers accept way of physical damage compensation through blood money institution. Approving laws accept physical damage compensation after Islamic revolution through blood money institution.However, in some cases physical damages conducted on people stay without preparation and compensation due to treatment expenses that it led to citisize some injuries from one point and on the other hand groups of lawyers about the wayvof physical damage compensation and mere consideration to blood money institution and finally lack of juridical answer caused problems.Whereas there should be no damage without any prepation and compensation remain based on juridical and lawful evident regulation. Therefore, it should be considered new law and appropriate to requests and requirements of society and adaptable to common law accepted to tradition both blood money institution acted and it should not allow any damage to remain without preparation. Manuscript profile
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  6 - A Survey on contradiction of crime considering of Money Laundering through juridical formulas of no harm and possessive hand
  محمد امین ملکی سید محمد مهدی احمدی علی رضا عسگری
  One of the new crimes which in criminal and civil law are being considered as a crime is money laundering. Jurist has prohibited this new crime based on some titles like prohibition of using other properties in a wrong way, prohibition of arrogation, prohibition of coo More

  One of the new crimes which in criminal and civil law are being considered as a crime is money laundering. Jurist has prohibited this new crime based on some titles like prohibition of using other properties in a wrong way, prohibition of arrogation, prohibition of cooperation on sin, expediency laws and…. Some law scholars believe that: it seems that prohibition and considering as crime of money laundering is contradicting with some juridical formulas like possessive hand, no harm, and with regard to these apparent contradictions they have weakened crime considering of money laundering. After a survey on jurist theories, it came to result that there is no contradiction and the path that lead this research to that are: necessity, Islamic society's expediencies and repulse of weak doubt to powerful doubts. This essay has written by library method and it's descriptive. Manuscript profile
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  7 - Rol the rule of justice and fairness on jurisprudence and law
  Alireza Asgari Ali Akbar Ghaffari seyed hasan abedini
  The writers of the leading writing, by examining the concept of justice and fairness and comparing them with similar concepts, seek to answer the question that if the rule of justice and fairness is a legal rule, what effect does it have on the subject matter and law? A More

  The writers of the leading writing, by examining the concept of justice and fairness and comparing them with similar concepts, seek to answer the question that if the rule of justice and fairness is a legal rule, what effect does it have on the subject matter and law? Also, assuming that justice means observing the rights and granting the right to the right, then it has been chosen as the focus of this paper and examined two important points. Then, by examining the reasons for the two views, they confirmed the second theory. The first point: Some jurisprudents, who are more than ours, believe that the principle of justice and fairness is assigned to one chapter from the jurisprudence. From the point of view of these jurisprudents, this rule is a judicial-financial rule, but the second point: Some contemporary jurisprudents do not consider the rule of justice and fairness specific to a tribe from the jurisprudential jurisprudence, and it is not considered by all jurisprudence and in various fields of social, political, Economic and ... current. A review of these two perspectives has been done by descriptive-analytical method Manuscript profile
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  8 - Consumer Protection Survey
  Mehdi Mohammadian Amiri Alireza Asgari Sayyad Mohammad Mehdi Ahmady Sayyd Hasan Abedian
  This article discusses one of the etiquette of e-commerce law and Islamic jurisprudence on consumer protection in online cyberspace. Although the subject of cybercrime was not discussed in the jurisprudence, but the whole of consumer protection was raised in jurispruden More

  This article discusses one of the etiquette of e-commerce law and Islamic jurisprudence on consumer protection in online cyberspace. Although the subject of cybercrime was not discussed in the jurisprudence, but the whole of consumer protection was raised in jurisprudential issues, and the verses, narrations and perspectives of the jurisprudents were introduced in this regard, which is that by spatial planning and judgment of the provisions of the teachings Jurisprudence and its implementation with the law of law can be used in this regard to obtain a jurisprudential ruling. The legislator in the e-commerce law, with the design of two issues, has the right to cancel, and the other, the possibility of applying for termination of bail, to protect the consumer in electronic transactions, which in this article deals only with the issue of withdrawal, the result of The study found that the right to withdraw from e-cigarettes is not a parliamentary term and is an independent element in the termination of the deal in cyberspace. This right is accepted by jurisprudence and is considered as an excuse. Manuscript profile
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  9 - Investigating the authenticity in the Thematic Realm of Accepting Hearsay evidence in the Analysis of the Iranian Legal System and Sunni Jurisprudence
  Alireza Asgari Seyyed Mahdi Mirdadashi Ali keshavarz
  In the Iranian legal system, the authenticity of Hearsay evidence (secondary testimony), in situations where the presence of original witness is not possible, has been established in 1320 CL and Article 231 of the CPL. Because there are multiple statements in Shi'ah and More

  In the Iranian legal system, the authenticity of Hearsay evidence (secondary testimony), in situations where the presence of original witness is not possible, has been established in 1320 CL and Article 231 of the CPL. Because there are multiple statements in Shi'ah and sunni, it is essential that their differences be explained and answered. The authenticity of Hearsay evidence in Shi'ah jurisprudence is evident from its developmental approach in the context of Imami jurisprudence and the law. In Sunni jurisprudence, the development of evident Hearsay evidence has been accompanied by miscellaneous and incoherent statements. In Shafi'i jurisprudence, the excuse rule that causes acceptance is the absence, which Sunni scholars have interpreted it as a long absence or death of an original witness. In the Hanafi jurisprudence, without obtaining criteria, juristic preference is the most substantial basis for accepting Hearsay evidence that does not provide clear criteria. In al-Maliki's jurisprudence, unlike others, ijtihad is performed against the text, and they do not consider any subject for the Hearsay evidence, because they consider it is in all matter. The findings of this study indicate that there is no unity of opinion in the Iranian legal system and Sunni jurisprudence in the field of the subject, the only exception is the attestation for the Hearsay evidence and its criteria of acceptance is due to excuses attestation to. Therefore, this study aims to research the right elements of Sharia principles of testimony on testimony and to transition from the emergence of Intellectual rigidity in the acceptance of Hearsay evidence as one of the alternative arguments for litigation. Manuscript profile