List of Articles
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Open Access Article
1 - Expropriation by the government and its affiliated institutions in the light of modern jurisprudential views
Hoddein Ranjbar hoseyn RajabiThe subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have e MoreThe subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have examined the issue from a jurisprudential and legal point of view. It seems that from the point of view of jurisprudence, bases such as harmlessness, expediency, and such things allow the municipality to acquire, and on the other hand, these bases are an obstacle to the acquisition of this institution. On the other hand, some principles have been proposed in the laws of western countries, including France, and we have entered and applied them in domestic laws. These foundations, which in their most important aspect are public service, public power, and public benefit, have been analyzed in their place. Manuscript profile -
Open Access Article
2 - Uncertainty about the existencesubject of transaction in Islamic jurisprudence, Iranian and Egyptian law
hamed salehi ali abadi Alireza Shamshiri Abbas Karimi. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main d More. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future Manuscript profile -
Open Access Article
3 - Feasibility of pursuing the assassination of Sardar Soleimani in the International Criminal Court and the International Court of Justice and Domestic Law
Fatemeh Aghamiri zahra Fehreste Ebrahim YaghoutiThe Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response MoreThe Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response Of Islamic Republic Of Iran Government To This Incident. Contrary To What It Claims, The American Military Action In This Incident Does Not Comply With Preventive Or Preemptive Elements And The Conditions Of Legitimate Defense And Is An International Violation. The Feasibility Of Judicial Pursuit Of Criminal Liability And Civil Liability Resulting From This Illegal Act In The International Criminal Court And The International Court Of Justice Is The Subject Of This Article. Despite The Non-Membership Of Iran And The United States In The Statute Of The International Criminal Court, Iran Can, By Persuading The Iraqi Government To Accept The Court's Case Jurisdiction, Provide The Possibility Of Exercising The Court's Jurisdiction Over This Case, But Even In This Case, The Case Of The Assassination Of Lt. Gen. Soleimani Cannot Be Pursued Within The Framework Of One Of The Four Crimes Under The Court's Jurisdiction. The Most Effective Legal Mechanism Is Pursuing The Civil Responsibility Of The American Government For This Criminal Act According To The "Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Political Missionaries" (1973), Which The Governments Of Iran And The United States Are Members Of. And Also Preventing The Establishment Of A Mixed International Court, Especially Through The Conclusion Of An Agreement Or The General Assembly Of The United Nations Or The Organization Of Islamic Cooperation. This Convention Prohibits The Commission Of Certain Crimes, Including Murder, Against Persons Under International Protection. It Has Predicted A Dispute Resolution Mechanism That Will Eventually End Up In The International Court Of Justice. Manuscript profile -
Open Access Article
4 - An analysis of the way of concluding marriage and its legal nature in imami jurisprudence and current laws.
narges heidarzadeh Shokrollah NikvandThe law of our country in some matters such as marriage are based on jurisprudence and rules. Contrary to the common and customary idea, there are no formalities in Imami jurisprudence for the validity of marriage. The articles of civil law, which are adapted from juris MoreThe law of our country in some matters such as marriage are based on jurisprudence and rules. Contrary to the common and customary idea, there are no formalities in Imami jurisprudence for the validity of marriage. The articles of civil law, which are adapted from jurisprudence, consider marriage to be consensual and without formalities. However, the general order of the society requires the government to monitor the relationship of couples by establishing mandatory regulations with special support. The requirement to officially register marriage in some cases and the punishment of imprisonment for violating it is for the same purpose, but failure to comply with these cases does not harm the validity or the marriage contract. This article is prepared in a library style by reviewing, describing and analyzing the opinions of jurists .some writings have mentioned marriage as one of the ceremonial contracts, and sometimes it is believed that for marriage, there must be special words or language or the involvement of a third party .In termes of legal nature, marriage is different from the general rules of contracts. from all works of jurists, it can be concluded that no conditions or formalities are necessary for the conclusion of marriage other general conditions, provided there are no obstacles. Manuscript profile -
Open Access Article
5 - Analysis of the principles of irrevocability and revocability of gift contract in Imami Jurisprudence and Iranian law
Mahdi Beiki shouroki Amirmohammad Sediqian Seyyed Jafar Hashemi BajganiThere is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has ver MoreThere is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has very important effects; it is necessary to conduct research in this field. In this research, descriptive-analytical method and sources of valid jurisprudence and law have been used to address this important issue. In order to analyze the principles of the irrevocability and revocability of the gift, the basic evidence should be provided. In this regard, there are many differences between rescission and revocation and other evidence, such as the verse of Quran “fulfill your obligations”, the principle of the irrevocability of contracts, the impossibility of revocation in the gift contract, in the capacity of the legislator, not unplanned changing of the contract from revocable to irrevocable, as well as the inapplicability of the principle of revocation to the irrevocability or revocability of the gift is examined. The result was that the gift contract should be separated from two aspects, one in terms of revocation and another in terms of irrevocability and revocability. Based on this, the gift contract is a revocable contract, in which the principle of revocation is valid. Manuscript profile -
Open Access Article
6 - Mechanisms governing parallel proceedings management in international commercial courts
Zohre safavi homami mousa mousavi zonooz seyed bagher mirabaasiThe ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implement MoreThe ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implementation of the arbitrator's decision is possible, in addition to eliminating the benefits of resolving the dispute in a peaceful manner, it may lead to greater complexity of the proceedings and dispute resolution. In general, through the application of principles such as the validity of the terminated matter, merger, pending litigation, clauses of irreversible selection, clauses of denial of benefits, suspension of the proceedings, parallel proceedings and consequently the conflict of rulings can be prevented to some extent; And if there is a conflict, since the recognition and enforcement of foreign arbitration rulings is in the territory and jurisdiction of the procedure of the country of execution, the ruling will be dealt with according to the legal system of that country. Therefore, the laws and procedures should take measures in a uniform and preventive manner to avoid this challenge and the litigants reach their final goal in an easier way than the proceedings and its formalities. Also, by concluding international treaties and creating uniform procedures in the field of international commercial arbitration, we can hope to find a solution to the problem. In this article, the authors will refer to the explanation of the topic in a descriptive and analytical way. Manuscript profile -
Open Access Article
7 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile -
Open Access Article
8 - Administrative police in Iran's legal system
Arash Yousefi Safdar YoudefiThe police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the curren MoreThe police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the current era, security and freedom are essential factors in the management of any society. In the meantime, administrative police are in charge of regulating regulations for public order at different levels of the country. Here, the important element is the regulations related to the administrative police, which has many privileges. This type of regulation can be at the state level or even at the national level. The understanding of the administrative police regulations is based on the constitution. Finally, the first goal of this research is legal analysis and explanation of the position of the administrative police in Iran's legal system Manuscript profile