List of Articles amin najafian

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  1 - Jurisprudence Legal Examination of the Criminal Sanction of the Non-divorce Condition
  amin najafian mostafa ghafourian nejad
  10.30495/jcld.2023.1972690.1029
  Receive Date: 2023/04/11                    Revise Date: 2023/06/12                  &nbsp More

  Receive Date: 2023/04/11                    Revise Date: 2023/06/12                   Accept Date:  2023/07/05 According to the verses and traditions, the right to divorce is in the disposal of the man that sometimes some men abuse of this right. In order to prevent abuse of the right to divorce, it is possible to limit the right of a man to divorce contractually under the marriage conclusion and as a stipulation. There is no doubt about the legitimacy of the contractual limitation of the right to divorce a husband as a condition of the verb. This means that the husband undertakes not to divorce his wife, except in special cases such as disobedience or inability due to special marital issues. The condition of non-divorce while the marriage conclusion is the legal omission, because divorce is a legal act and the condition of abandon is the legal omission; therefore as a civil and criminal approach, could has criminal sanction. Apart from civil sanctions; such as spiritual compensation, nullity and non-influence act and 0peration of the violator of the condition of non-divorce, the criminal sanction; such as financial penalty, non-registration of divorce, etc can also be considered. The current research will examine the criminal sanction of the condition of non-divorce. Manuscript profile
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  2 - Comparative Examination of the Application of the Condition of Non-divorce from an aspect of Imami Jurists and Sunnis and Opposing that from an aspect of Criminal Law
  amin najafian hadi khoshnoodi
  10.30495/jcld.2023.1973214.1031
  Receive Date: 2022/11/20                   Revise Date: 2022/12/20                   Accep More

  Receive Date: 2022/11/20                   Revise Date: 2022/12/20                   Accept Date:  2023/04/16 One of the most important dilemmas and challenges following family in recent years is divorce. Examination of statistics and numbers from competent authorities such as register office site, narrates the increasing process of this dilemma. Each agreement about one canonical or legal rule, practically take place in the form of ‘condition’. Limitation of divorce right as conventional could be noted as one of the reduction methods of divorce degree.  In this research by use of library sources and descriptive analytical method, engaged in comparative examination of the divorce limitation from aspect of Imami jurists and Sunnis and finds the following conclusions that first: the condemnation of divorce and attempt in finding the methods of its limitation was always as Imami jurists and Sunnis challenges. Second: some of Imami jurists and Sunnis absolutely and some others descriptively accepted the non-divorce condition and don’t know the offender as guilty and the occurred divorce operative.  Manuscript profile
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  3 - Legal and Jurisprudence Examination of Damages Caused by Lack of Profit
  amin najafian mansoore darabi
  10.30495/jcld.2023.1978042.1042
  Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are More

  Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are enumerated as losses. Harm is a customary title, and custom also considers certain lack of profit as one of the evidences of harm. The most important jurisprudence reason to prove the necessity of compensating the lack of profit is adherence to general principles and rules, such as: the basis of the wise and the rule of La-Zarar and the lack of profit is also included in the application of La-Zarar. Article 267 of the »Civil Procedure Law« also does not consider the lack of profit to be claimed; but it seems that it is possible to present an interpretation in accordance with the general principles and rules and considers the Articles of the »Civil Procedure Code« to uncertain lack of profit and the article 9 of the »Criminal Procedure Code «to certain lack of profit and separates definite and non-definite lack of profit from each other. Some experts consider lack of profit as damage, so they consider its compensation necessary. Mutually, some others do not consider lack of profit as damage. Damages caused by breach of contract can also be claimed and the most important reason for the possibility of obtaining contractual damages is that in fact, such damages are lack of profit and just as it is possible to claim damages caused by lack of profit, it is possible to verdict on the necessity of compensation in different ways. Manuscript profile