List of Articles Rasool malakooti

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  1 - rejection of the exclusion theory of usurpation from the general rules of civil liability
  rasool malakooti
  Theory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the ru More

  Theory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the rules governing this institution apart from the general rules of civil liability. In this article, an attempt has been made to invalidate the fegh attitude and pay attention to the structure of the civil law, and to prove the impossibility of this separation. It seems that the difference between dealing with the usurper and other sources of civil liability is not due to a difference in the nature or rules of this institution, but to an imperfect view of the concept of financial guarantee in jurisprudence. Guarantee in jurisprudence means creating an obligation against another, the guarantee of its implementation is crystallized in three longitudinal forms of equal return, retribution and payment of price. In law, however, the concept of civil liability, which is equivalent to the term guarantee, is merely narrow to the third form, the obligation to pay damages. This self-made constraint in the concept has led to the impossibility of applying the rules and pillars of the usurpation institution to the general pillars of the guarantee and its severity Manuscript profile
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  2 - The Fault challenging in tort
  rasool malakooti
  The challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of t More

  The challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of the foundations and pillars of liability, but the jurists have clarified the ruling of each issue only by referring to general rules such as harm, loss, attribution and usurpation. Revision of the pillars and foundations of civil responsibility is a purely legal issue that originates from European law and specifically from France. Most of our jurists consider fault as an important (if not exclusive) basis in the fulfillment of the liability and consider fault as one of the three pillars in explaining the elements of responsibility. The discussion of this article is the challenge of the role of fault as the basis or pillar of liability realization in fegh and civil law. It has been proven that from the point of view of fegh and civil law, in forced and contractual liability, fault is neither a basis nor a pillar of liability fulfillment. Rather, the function of the fault is to facilitate the establishment of causation or to create the necessary fulfillment of the liability.Key words: contractual civil liability, fault, causation.. Manuscript profile
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  3 - Legal validity of the terms and obligations contained in the flight ticket
  rasool malakooti
  The ticket slip as the passenger's identity authentication document and his/her passage permit is a proof of his/her previous verbal or written contractual relationship with the transport operator. In this article, while explaining the legal nature of the ticket in More

  The ticket slip as the passenger's identity authentication document and his/her passage permit is a proof of his/her previous verbal or written contractual relationship with the transport operator. In this article, while explaining the legal nature of the ticket in domestic law and international documents, the validity of the terms and obligations included in it, which are often against the passenger, have been explained. As a result, the obligations contained in the ticket are mandatory for the passenger to the extent that it can be verified as a legal obligation, but because the ticket is not recognized as a contract in the relevant domestic laws and international conventions, therefore the conditions and obligations contained in the ticket are not recognized as a contract. In it, there is no effect against the passenger, and his action in accepting and taking possession of the ticket is not considered acceptance. The legal procedure of our country also supports the same opinion in order to protect the traveler. Manuscript profile