اجاره

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1 - بررسی تطبیقی روابط موجر و مستاجر در اماکن تجاری میان حقوق ایران و فرانسه
احمد یوسفی صادقلو زینب نوابی مقدم

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2 - Juridical and Economic Look to the Ijarah securities, features and benefits
Aziz Neko M. Javad Baqizadeh

The nature criticized usury bonds and the need to replace the legitimate means of monetary policy, such as Musharaka securities and Ijarah securities, to fight inflation and recession on the one hand and on the other hand inefficiency of Musharaka securities in practice More

The nature criticized usury bonds and the need to replace the legitimate means of monetary policy, such as Musharaka securities and Ijarah securities, to fight inflation and recession on the one hand and on the other hand inefficiency of Musharaka securities in practice, leading some Islamic countries in the Ijarah securities and ability to provide assets and liquidity of the natural and legal persons, in conditions of severe financial restrictions and sanctions of country, by issuing Ijarah securities, are other factors and causes the necessity of applying the attractiveness of Ijarah securities in Iran. This paper seeks to understand the necessity of using financial instruments, as a requirement of undeniable economic and explain the characteristics of Ijarah securities, reviews devoid of the financial instruments from the elements of interest, Gharar and simulation as important criteria of Islamic jurisprudence and concern of the Islamic scholars as an important issue , and with half a glance at the problems and shortcomings Musharaka securities in practice, because of the benefits of Ijarah securities, rather than the Ijarah securities, and the conclusion of it will explain, which has been less attention. Manuscript profile

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3 - Identification and Analysis of Legal and Medical Laws and Regulations of Surrogacy
hosein jalali

10.30495/jhm.2022.69026.11061

Introduction: In today's world, due to the unhealthiness of the environment and the prevalence of infertility, the issue of surrogacy has become common among many societies, and it is important to deal with the laws and regulations in this area. Therefore, the main purp More

Introduction: In today's world, due to the unhealthiness of the environment and the prevalence of infertility, the issue of surrogacy has become common among many societies, and it is important to deal with the laws and regulations in this area. Therefore, the main purpose of this article is to identify and analyze the legal and medical laws and regulations of surrogacy.Methods: The research method is mixed (qualitative-quantitative). To carry out this research, the method of document study was used, 30 articles were selected from 506 articles, and finally, using the technique of content analysis with MAXQDA12 software, it was used to identify and analyze legal and medical laws and regulations. The statistical population in this research was all experts in the fields of law and medicine with high experience and work experience in the field of surrogacy, which was done after conducting 15 theoretical saturation interviews. The interviews lasted between 75 and 120 minutes. Finally, the basic, organizing and comprehensive themes are extracted and in the quantitative part to determine the importance of using legal and medical laws and regulations from the T-Tech method, a sample with a statistical population of 30 people 15 experts and 15 families (8 renter families and 7 renter's wife) is used.Results: In this research, about 30 articles were examined, 12 Persian articles and 18 English articles, in the method of thematic analysis using basic, organizing and comprehensive themes, 46 indicators of 4 categories and 2 dimensions in two sections of legal laws and regulations. And medicine were identified separately.Conclusion: The results showed that the legal rules and regulations include official (laws and regulations related to the constitution and jurisprudence) and customary (laws and regulations related to the lessor and lessee) and medical laws and regulations including related to the lessor of the uterus. And was a renter, and finally in the quantitative part it was also determined that all laws and regulations are of high importance, especially legal laws and regulations with an average of 4.2 are more important than medical laws and regulations with 3.9. Manuscript profile

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4 - Analysis of the Jurisprudence Nature of Technology Transfer in Petroleum Contracts
Hojjat Shafiei Majid Vaziri

Technology transfer in petroleum contracts must have jurisdictional legislation and provide materials to the contracting parties therefore, it is necessary to explain the jurisprudential nature of technology transfer in these contracts. This descriptive-analytic researc More

Technology transfer in petroleum contracts must have jurisdictional legislation and provide materials to the contracting parties therefore, it is necessary to explain the jurisprudential nature of technology transfer in these contracts. This descriptive-analytic research answers the questions that what is the jurisprudential nature of technology transfer in petroleum contracts? which of the following is in accordance with Islamic jurisprudence? After examining different types of international legal and indefinite contracts and different formats such as bye back, leasing and reward contract it was found the step four of bye back (IPC) it is very similar to lease and reward contracts. also concluded that technology transfer in Petroleum contracts is similar to leasing. The most important legal effect is that, under the terms of the contract for the lease of individuals, the contractor has no rental right of ownership, and is merely entitled to receive the remuneration provided by the service. Manuscript profile

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5 - Analysis of Traslative theory of the lease of premises
Marzieh Afzalimehr

Lease of premises is a contract have a lot of application in society.inaccordance with existance of some practical results on divisionbetween translative and promissory theory of the lease :such aspossibility of possession of interests to others by lease holderanalysis More

Lease of premises is a contract have a lot of application in society.inaccordance with existance of some practical results on divisionbetween translative and promissory theory of the lease :such aspossibility of possession of interests to others by lease holderanalysis of the translative theory-that is an accepted theory byfamous Islamic jurisprudents and civil law- is nessacery. Manuscript profile

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6 - The Possibility of Obliging the Tenant to Ruin the Monument after the Expiring Rent time
Mohammad bagher Amerinia

Article 504 of civil law of renting for a definite time even in hypothetical construction of building or tenant that planted the trees and seem to happen in such a way that for a long time after expiry tenancy remain as penetrating. This article about legal impossibilit More

Article 504 of civil law of renting for a definite time even in hypothetical construction of building or tenant that planted the trees and seem to happen in such a way that for a long time after expiry tenancy remain as penetrating. This article about legal impossibility of forcing to tenant and suppression in lordly within time for rent and the possibility of compensate materials for proprietor tenant inaction in the case of continuation. Also, to assume tenant remaining in lordly tenets without ambiguity or basis forms; but this article on the possibility to tenant obligation and suppression after the expiry for rent, unusual candor does not become famous as this is in the absence of possibility for forcing. Present article while explaining the problem and careful investigation of the bases both probable and possible proving the theory and assumed it based on agreed standards and legal jurisprudence consideration and tries to analyze and structure this article, the contents with possibility theory forced adjustment. Linguistic analysis of article 504, using properties issues, landlord rule, using criterion article 540 of civil law of including documents proved theory are mentioned. In this research, they are examined and the attention has been taken as leave rule and harmless rule and the category of the right roots as possible reasons for the lack of compulsion are examined and criticized. Manuscript profile

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7 - Measuring multiple bubbles in the housing sector (land and rent house): A recursive unit root test approach
Madjid Hatefi Madjumerd omolbanin Jalali Mohammad Rahimi Ghasemabadi

The housing sector is one of the key sectors of Iran, which is of great importance.One of the issues that this market faces is the presence of speculators in this market, which leads to the bubble of this market and, thus, imposes a lot of costs on society. In this rega More

The housing sector is one of the key sectors of Iran, which is of great importance.One of the issues that this market faces is the presence of speculators in this market, which leads to the bubble of this market and, thus, imposes a lot of costs on society. In this regard, determining the bubble and date stamping and determining the type of existing bubbles in a single or multiple type can be of great help to policymakers. Considering this, the main objective of the present study was to investigate the bubbles dating in the housing market (land and rent house), the date stamping and determination of the single or multiple bubbles.The method used in this study is recursive unit root approach provided by Philips et al (2013), known as RADF and GSADF tests. The results of this study showed that Tehran and all urban areas, large cities, small and medium sized cities in the years 1382 to 1392 have experienced bubble periods at land prices and rentals, of which the most important bubble interval was from 1386 to 1387. There were also bubble periods in land prices and rentals from 1390 to 1392. Manuscript profile

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8 - Asset Securitization in leasing industry
Fraydoon Rahnamay Roodposhti Mahdiyar Sarshar S. Mohammadjavad Mirtaher

Leasing companies play an important role in meeting the needs of firms and households. These companies can resolve liquidity problem of their customers by providing their various products. But despite these advantages, leasing industry is relatively young and less devel More

Leasing companies play an important role in meeting the needs of firms and households. These companies can resolve liquidity problem of their customers by providing their various products. But despite these advantages, leasing industry is relatively young and less developed in Iran. One of the major problems in the path of growth and development of leasing companies is Failure in providing reliable and stable financial resources at different periods of time. From the past, difficulties in financing leasing companies are a key issue in the industry that occupied the minds of managers. The performance of leasing industry in Iran shows that leasing industry at different periods of boom and recession has failed to show the same performance and stability. One of the key causes in the process of stable financing is existing shortcomings. Hence, it is vital to using modern methods, diversified and stable financing in leasing companies in Iran within the interest-free banking system. One of the most effective methods to finance leasing companies in Iran is securitization of assets. It can be said that balance sheet assets of leasing companies which have the ability to transform into securities include assets resulting from installment sale and lease-purchase .This study tries to design and offer asset securitization process in Iran and leasing companies within the interest-free banking and finds proper response to the problems raised in the area of financing leasing companies. Manuscript profile

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9 - حکم فقهی رحم اجاره‌ای
Nasrin Karimi زهرا مهتری

یکی از پدیده های نوین جامعه بشری تولد کودک از طریق رحم اجاره ای است. که طی آن بانوی صاحب رحم، نطفه یا جنین فرد دیگری را در رحم خود حمل می کند و پس از طی دوران بارداری و زایمان، بر مبنای قراردادی از پیش منعقد شده، نوزاد حاصل را به زوج طرف توافق (والدین حکمی یا متقاضی) تح More

یکی از پدیده های نوین جامعه بشری تولد کودک از طریق رحم اجاره ای است. که طی آن بانوی صاحب رحم، نطفه یا جنین فرد دیگری را در رحم خود حمل می کند و پس از طی دوران بارداری و زایمان، بر مبنای قراردادی از پیش منعقد شده، نوزاد حاصل را به زوج طرف توافق (والدین حکمی یا متقاضی) تحویل می دهد. استفاده از رحم اجاره ای در سال های اخیر مورد توجه بسیاری از اندیشمندان و فقها قرار گرفته است. از آن جا که دلیل روشنی بر حرمت عمل مذکور در دست نیست عمل به اصل برائت تنها گزینه مورد وفاق می تواند باشد با توجه به اصل مذکور و با توجه به عدم دلیل به تحریم از سویی و احراز عدم مخالفت چنین عملی با شریعت از سوی دیگر، می توان ادعا کرد که گرفتن تخمک از زن و لقاح آن با اسپرم مرد در خارج و سپس جایگزینی آن در رحم زن دیگر، محکوم به جواز می باشد و فقط از آیات، روایات، ابواب فقهی مرتبط و اصول و کلیات فقه شیعه و از ادله و روایات خاص مربوط به شیوه های غیر طبیعی تولید مثل، می توان احکام و آثار این روش را استنباط کرد. اگر گروهی از فقها به کارگیری این روش را مورد تردید قرار داده اند، احتمالا به جهت بیم از ارتکاب کارهای مقدماتی حرام نظیر اخذ تخمک از زن توسط نامحرم و یا اخذ اسپرم به روش غیر مجاز بوده است. Manuscript profile

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10 - The Time Sharing, Nature and its Effects of the View of Jurisprudent
حمید واحدی محمد مهدی احمدی

AbstractA newly developed legal body is timesharing not a long since the emergence of which not a long period has elapsed. It has been prevailing in our country for a few years now. Subject matter of this thesis is the evaluation of this new legal body from the viewpoin More

AbstractA newly developed legal body is timesharing not a long since the emergence of which not a long period has elapsed. It has been prevailing in our country for a few years now. Subject matter of this thesis is the evaluation of this new legal body from the viewpoints Of law and religious jurisprudence. The present research is an effort for the acquisition Of as precise understanding and knowledge as possible on this new legal body by marking an elaboration into the fundamentals and nature of this new legal body identifying its various kinds, and its conformity to the specified contracts defined by Religious jurisprudence and case law and with unspecified contracts. According to studies, this conclusion is drawn Overall, the studies showed that Different types of time-sharing With some specific contracts or accepted uncertainty in The law is applicable . time-sharing is Shared ownership sale and Peace applicableAlso it can be made under the terms of a contract of non-specified contractsOf course given the long history of mahayat in feghh of iran and more compatible with the legal culture and our regigion.Condominium sales on mahayat condition seemed better Time sharing credit can be awarded in the rorm settled Key words: Temporary ownership(Timesharing), Contract of sale, Lease contract, association contract. Manuscript profile

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11 - Determining the Lease property Surplus of the Second Lease in Islamic Jurisprudence
Seyed Masih Hosseiny Ahmad Moradkhani

According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. Howe More

According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. However, Article 10 of the Law on Owners and Tenants states "The lessee may not transfer the lease interest in whole or in part to nontransferable property unless it has been authorized in writing. Although there has been extensive discussion in legal books of these cases, the surplus of rent has not been discussed for the same tenant (in whole or in part) in the second lease contract, or sometimes less discussed, therefore in this study, according to jurisprudential sources and Imami (Shiite) narration, has been considered the statements of the jurists of the past and the latter. The findings show that some of the Fatwas of contemporary referred separately to land and non- land Shiite jurisprudential authorities who are detailed on surplus rent. Manuscript profile

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12 - ارزیابی‌ روش تامین‌ مالی‌ برون تراز نامه‌ای ّاجاره عملیاتی‌) بر قیمت‌ سهام و سود شرکتهای پذیرفته‌ شده در بورس اوراق بهادار تهران
دکترمهدی تقوی دکترعلی اسمعیل زاده مقری علیرضا زمانیان

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13 - An investigation into Purchasing, Selling-Renting and loaning economic documents in ancient Elam
زهرا میراشه kamal aldin niknami بهمن فیروزمندی

Ancient Susa lay at the northwestern edge of the Khuzestan plain in the southwest of Iran. The Concentration on crops and harvesting consequently led to technological advancement and wealth accumulation. Gradually, as the result of unsuitable conditions and improper per More

Ancient Susa lay at the northwestern edge of the Khuzestan plain in the southwest of Iran. The Concentration on crops and harvesting consequently led to technological advancement and wealth accumulation. Gradually, as the result of unsuitable conditions and improper performance, starvation, violence and wars emerged in this area. Susiana plain was suitable for agricultural activities. Farm lands belonged either to the royal family and ruling class, temples or free farmers. Elam rulers had complicated and overwhelming responsibilities to maintain and improve agricultural products, or other matters such as observing irrigation systems, creating water canals and passing laws in this regard. Discovered documents from this period are relatively indicating the complicated social and economic relationships among different classes of the society which can shed light on the socio-economic structures in Elam society. Our current knowledge concerning the ancient economy of Elam as one of the main corner stones of the Elam culture formation comes from the written documents and limited archaeological evidences from Susiana excavations and Mesopotamian documents which are not sufficient enough to recreate the economical pattern of this era. In the present paper, we first analyze the role of agriculture in the economy of the Susiana plain as well as selling, purchasing and renting contracts of agricultural lands. Finally, the common system of collateral concerning agricultural lands will be discussed. Manuscript profile

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14 - An investigation into Purchasing, Selling-Renting and loaning economic documents in ancient Elam Name
zahra mirashe kamalodien niknami bahman firozmandi

Ancient Susa lay at the northwestern edge of the Khuzestan plain in the southwest of Iran. The Concentration on crops and harvesting consequently led to technological advancement and wealth accumulation. Gradually, as the result of unsuitable conditions and improper per More

Ancient Susa lay at the northwestern edge of the Khuzestan plain in the southwest of Iran. The Concentration on crops and harvesting consequently led to technological advancement and wealth accumulation. Gradually, as the result of unsuitable conditions and improper performance, starvation, violence and wars emerged in this area. Susiana plain was suitable for agricultural activities. Farm lands belonged either to the royal family and ruling class, temples or free farmers. Elam rulers had complicated and overwhelming responsibilities to maintain and improve agricultural products, or other matters such as observing irrigation systems, creating water canals and passing laws in this regard. Discovered documents from this period are relatively indicating the complicated social and economic relationships among different classes of the society which can shed light on the socio-economic structures in Elam society. Our current knowledge concerning the ancient economy of Elam as one of the main corner stone's of the Elam culture formation comes from the written documents and limited archaeological evidences from Susiana excavations and Mesopotamian documents which are not sufficient enough to recreate the economical pattern of this era. In the present paper, we first analyze the role of agriculture in the economy of the Susiana plain as well as selling, purchasing and renting contracts of agricultural lands. Finally, the common system of collateral concerning agricultural lands will be discussed.   Manuscript profile

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15 - Comparison of Dissolution of Marriage Due to the Establishment of Consensual Consent after Marriage in Iranian and Egyptian Law
Hajar Moshayedi MohammadBagher Ameri Nia Ali Pour Javaheri

The annulment of marriage means that the marriage contract that was first correctly concluded is destroyed without the intention and will of the parties and according to the law; Therefore, the annulment of the marriage contract is a forced dissolution, which means that More

The annulment of marriage means that the marriage contract that was first correctly concluded is destroyed without the intention and will of the parties and according to the law; Therefore, the annulment of the marriage contract is a forced dissolution, which means that the marriage contract is automatically dissolved without the need for another legal action, and it does not leave the right of choice for the court and the parties to the contract, which, in the assumption of discussion, to establish a foster relationship after the marriage contract. Whether it is caused by breastfeeding, whether it is caused by renting a uterus, or receiving sperm, egg, or fetus, like other cases of annulment of the marriage contract, it causes the forced dissolution of the contract from the date of occurrence; Because the philosophy of banning maternal sexual immorality, which means the growth of flesh and the strengthening of bones, also exists in the case of the mother who owns the womb.   Manuscript profile

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16 - A research on the evolution and diversity of the concept of "motherhood" in society and examining its examples
Nazi Abdullah Pour

10.30495/jwsf.2023.1996932.1903

Upon hearing the word "mother" - and its equivalent in any language - the first thing that comes to mind is the woman who gave birth to us, but this concept has suffered many examples throughout history. Rapid changes in human society make these examples more widespread More

Upon hearing the word "mother" - and its equivalent in any language - the first thing that comes to mind is the woman who gave birth to us, but this concept has suffered many examples throughout history. Rapid changes in human society make these examples more widespread. This article aims to investigate the evolution of the concept and examples of "motherhood" in human language and is written with a descriptive-analytical method. Due to the fact that a large percentage of human society has been subject to Abrahamic religions during the past four thousand years, in this article, while examining the role of mother in wild and primitive societies, the function of the word "mother" in the religious texts of three major religions of the Middle East. Especially Islam is examined. Examples of mothers over time include: a group of mothers and women and even tribal girls in primitive tribes, the mother goddess - with different names - the biological mother who gave birth to the child or donated her egg, the mother who conceived an embryo from the egg of another raised in her womb, the person's grandmother and female ancestors, foster mothers, adoptive and alleged mothers, wives of the Prophet, mother-in-law, mother or biological and father who has changed gender.  Manuscript profile

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17 - شمول و‌عدم شمول احکام فقهی محارم و غیر محارم نسبت به فرزند متولد از روش‌های نوین بارداری
عباس عرب خزایلی زهرا مختاری Seyyed Aasghari Hoseini Moghafam

مشکل ناباروری و مشکلات اخذ سرپرستی فرزند بی‌سرپرست، چنین ایده‌ای را فراهم نموده که به کمک روش رحم اجاره‌ای برای زوجینی که توان تولیدمثل داشته و توان نگهداری فرزند را ندارند؛ اهدای سلول جنسی نر (اسپرم) و ماده (گامت) برای تولیدمثل، اجرایی شود. در این تحقیق، رابطه محرمیت ط More

مشکل ناباروری و مشکلات اخذ سرپرستی فرزند بی‌سرپرست، چنین ایده‌ای را فراهم نموده که به کمک روش رحم اجاره‌ای برای زوجینی که توان تولیدمثل داشته و توان نگهداری فرزند را ندارند؛ اهدای سلول جنسی نر (اسپرم) و ماده (گامت) برای تولیدمثل، اجرایی شود. در این تحقیق، رابطه محرمیت طفل متولدشده از روش‌های نوین بارداری بررسی گردیده است. والدین ژنتیکی درهرصورت، رابطه محرمیت خود را طفل را حفظ کرده و در آن خللی ایجاد نمی‌شود. زن پرورش‌دهنده فرزند در رحم خود، اگر دارای رابطه ژنتیکی با طفل نمی‌باشد، لیکن از حیث رضاعی بودن، می‌توان بدان محرمیت را نسبت داد. در صورت داشتن رابطه ژنتیکی یکی از والدین با طفل، به‌واسطه محرمیت سببی، همسر آن فرد نیز محرم محسوب می‌گردد. با توجه به عدم شناسایی والدین در آینده، نیاز است که ماوقع این حوادث ثبت‌شده تا پدیده ازدواج با محارم که گناهی کبیره می‌باشد، اتفاق نیفتد. با توجه به عدم شناسایی والدین در آینده، نیاز است که ماوقع این حوادث ثبت‌شده تا پدیده ازدواج با محارم که گناهی کبیره می‌باشد، اتفاق نیفتد. Manuscript profile

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18 - Adaption of Time-Sharing Contracts with the Universitas Facti Lease Contract in Iranian Law
Alireza Fasihizadeh Maryam Jalali

      On the basis of the Time-Sharing contract, a person, in a certain course of time, becomes the owner of the substance or its usufruct, or holds the right to benefit from the subject of the contract upon which the agreement is concluded. Under the inf More

      On the basis of the Time-Sharing contract, a person, in a certain course of time, becomes the owner of the substance or its usufruct, or holds the right to benefit from the subject of the contract upon which the agreement is concluded. Under the influence of the Time-Sharing contract, the person holding the above-stated rights, will be able to directly or representatively fulfill his or her rights periodically for a limited or perennial course of time. These contracts are being concluded in a diverse set of forms almost in all of the countries around the world. The main purpose of this research is not to render a clear definition of the nature of the Time-Sharing contracts; but rather is to put emphasis on whether it is conceivable, based on Iranian legal system, to achieve contractual outcomes particular to the Time-Sharing contracts through a special type of Lease contract. In the very meaning of timeshare there is no substantive detachment between the substance of a contract and its usufruct and ownership is considered as a right. However, in the light of the tenets of the Civil Code of Iran and Islamic jurisprudential decrees in this regard, it is conceivable to attain the outcomes particular to the Time-Sharing contracts through a specific kind of the Lease contract or through the assignment of the “Substitutive Generality” to the subject and duration of the Lease contract. Manuscript profile

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19 - Condition Sale and Rent
Saeed Ebrahimi ali akbar izadifard hossein kaviar

Leases are primarily concluded in the form of "mortgage or rent," in today common norm. Due to some legal objections govern on this type of contracts, jurists have raised suggestions including justification for the above contract in the form of conditions provided loans More

Leases are primarily concluded in the form of "mortgage or rent," in today common norm. Due to some legal objections govern on this type of contracts, jurists have raised suggestions including justification for the above contract in the form of conditions provided loans or conditions of loan and deposit on the rental contract. Among the solutions proposed in this regard, there is a method has been provided by some scholars such as Ayatollah Sistani and it will be remembered as a condition of sale and lease contracts. Meanwhile, the question that arises is about the legitimacy of this contract. What are the different forms of this type of contract? Can we attribute them to the accuracy of the transaction in all given forms? The authors also explain the various assumptions discussed in this study. Manuscript profile

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20 - Comparative Study of the Statute of Non-determinant Leasehold in Rent Contract from the Perspective of Imamieh Jurisprudence and Laws of Iran
hamid abhari Benyamin Babaei

Rent is a bilateral contract and as such the other contracts, the considerations on both parts must be determined at the time that the contract is concluded. According to the general principles of contracts, if a consideration is indeterminate, the contract will be void More

Rent is a bilateral contract and as such the other contracts, the considerations on both parts must be determined at the time that the contract is concluded. According to the general principles of contracts, if a consideration is indeterminate, the contract will be void. However, under article 3 of the landlord and tenant acts, 1977 and 1983, non-determination of leasehold in a verbal lease contract will not render the contract void and if there is difference between the parties, the court will determine the leasehold. This rule is an exception to the general principles and determination of leasehold by the court ignores the autonomy of the parties in tenant contract. In this article, the authors first examine the matter of non-determination of leasehold in the Jurisprudence and then they will describe the subject under Iranian laws. Manuscript profile

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21 - Execution of Options in Sukuk Al-Ijara Bonds
Alireza Hamisi Majid Ghorbanali Dolabi Majid Vaziri Mahmoud Veysi

10.22034/ijrj.2021.680387

Financing is one of the most important issues in the resistive economy. There are a variety of financing options available in Iran, including the capital market, but given the risk aversion of investors to enter this market, Islamic financial instruments such as securit More

Financing is one of the most important issues in the resistive economy. There are a variety of financing options available in Iran, including the capital market, but given the risk aversion of investors to enter this market, Islamic financial instruments such as securities emerged and were highly sought after. Islamic financial instruments known as Sukuk bonds have been widely accepted. Sukuk Al Ijara are the most applicable Sukuk in our country. One of the unprecedented topics in this field is the study of executable options as a means of terminating the securities. In this study, at first the basic legal and jurisprudential foundations of options such as rule of prohibition of detriment, interpretative law, the rule of will power, intention and consent of contract's parties, expediency, protective theory were described. Then, Enforceable options in Sukuk Al Ijara bonds as predictive and offsetting measures of contracts by mentioning examples of each option was examined. The results of this study indicates that it is possible to execute  following options  such as defect, deceit, lesion, conditions, unfulfilled conditions, inspection, sales unfulfilled in part, impossibility of delivery and  insolvency in relations of the contract's parties. Manuscript profile

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22 - A Comparative Study of Hiring of Persons with Employment Contracts, Reward Contract (Jualah), and Contract-Work under Iranian Legislation and Islamic Jurisprudence
Abolfazl Sobhikamal Gholamali seifi

10.22034/ijrj.2020.673325

An employment relation can be classified under such terms as employment contract, reward contract, or contract work based on the related rules and regulations of hiring of persons. Since the inquiries about the disputes related to some of these contracts is within the a More

An employment relation can be classified under such terms as employment contract, reward contract, or contract work based on the related rules and regulations of hiring of persons. Since the inquiries about the disputes related to some of these contracts is within the authority of certain judicial and administrative specialists, and due to the fact that the succession of decrees and effects of each of these relations becomes the reference for the  drawee in the recognition of their duties including the reference to another authority or establishing its competence over the probe into the nature of the disputes and decision on the respective measures and criteria of the procedure, it is essential to formulate proper definition of each of the aforementioned relations and also the results and effects of each. This paper is dedicated to a description of the following terms: hiring of persons, employment contract, reward contract, and contract work, and using a deductive- analytical method examines the similarities and differences among them and concludes that employment contract is a developed form of hiring of persons and contract work is some form of reward contract. Manuscript profile

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23 - A Study of the Bidirectional Relationship between House Prices and Rental Prices in Iran: A Bootstrap Approach using Quantile Regression with MCMB-A Method
roya aleemran seyed ali aleemran

The objective of this research is to examine the bidirectional relationship between house prices and house rental prices in Iran from the first quarter of 2002 to the fourth quarter of 2019. Granger causality tests and the bootstrap approach of quantile regression, spec More

The objective of this research is to examine the bidirectional relationship between house prices and house rental prices in Iran from the first quarter of 2002 to the fourth quarter of 2019. Granger causality tests and the bootstrap approach of quantile regression, specifically employing the MCMB-A Method, are utilized for the investigation. The results of the Granger causality test indicate a two-way causal relationship between house prices and house rental prices. The bootstrap method of quantile regression reveals that, across all deciles, house rental prices exert a significant positive impact on house prices. Notably, the coefficient of house rental prices exhibits an increasing trend from the first to the sixth decile, reaching its maximum value in the sixth decile, and subsequently decreasing from the seventh to the ninth decile. Additionally, across all deciles, house prices demonstrate a significant positive impact on house rental prices. Throughout the deciles, the coefficient of house prices experiences a decreasing trend from the first to the fourth decile, reaching its lowest value in the fourth decile, followed by an increasing trend from the fifth decile to the ninth decile, reaching its maximum value in the ninth decile. Manuscript profile

Open Access Article

24 - On the Analysis of the Role of Hire Purchase Housing in Meeting the Urban Groups' Needs (Case Study: Karaj Cities)
K. ziyari B. Habibiyan M. Varshoy F. Gashtil

Housing and its provision has always been one of the most important issues of urban management for low-income urban groups from past to present. It seems that applied policies in this context were not appropriate enough because of the disproportionate economic and socia More

Housing and its provision has always been one of the most important issues of urban management for low-income urban groups from past to present. It seems that applied policies in this context were not appropriate enough because of the disproportionate economic and social conditions of low-income groups. The objective of this study was to analyze the implementation of hire purchase housing policy in Alborz province (Karaj city) and its role in meeting the quantitative and qualitative needs of target groups. This study was quantitative–analytical. The data were collected through library studies and survey method through questionnaire and interview tools. The collected data were analyzed by SPSS statistical software by descriptive and inferential (one sample t test and two independent t test) methods. The results show hire-purchase housing policy generally failed to meet the required quantitative and qualitative needs of supplying of supplying house for target groups and the residents were not satisfied with the Terms of assignment, physical housing quality and access to urban services and facilities and only access to police services has provided satisfaction with them.   Manuscript profile

Open Access Article

25 - آثارانتقال تبعی عقد اجاره در فقه، حقوق ایران و انگلیس
محمود صوفی ابادی سیدحسین صفائی میرقاسم جعفرزاده

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26 - بررسی تطبیقی بطلان قرارداد اجاره در باب تلف (اعم از عین و منافع) در حقوق ایران و فرانسه
بهروز نعمتی احمد شمس محمود عرفانی

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27 - Lease contract and its relationship with the right of goodwill in the laws of Iran and Egypt
zakiye soltan alireza lotfi dodran davood andatrz

10.30495/alr.2022.1949232.2283

Field and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and More

Field and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and has common characteristics in the laws of Iran and Egypt. As a type of lease contract between lessor and lessee, goodwill has always had dark and ambiguous points in it.Method: The research method is descriptive and analytical.Findings and Conclusion: In Iranian law, goodwill is associated with the lease contract, so if goodwill is transferred to the lessee, the owner does not have the option of renting it to a non-lessee. Also, in the leases subject to the Law of Landlord and Tenant Relations 1376, goodwill does not exist independently of the lease relationship and is a matter that is realized only by the existence of the lease contract; Therefore, if there is no reason for the occurrence of the lease contract; The claim is not required to prepare an official peace document. The characteristics and common characteristics of the lease contract in Iranian and Egyptian law are: exchangeability of the lease contract, consensuality of the lease contract, necessity, temporaryness, gradualness, etc. Manuscript profile

Open Access Article

28 - اجاره به‏شرط تملیک و عدم تحقق شرط (بررسی تطبیقی)
محمدرضا پیرهادی

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29 - کاربرد مفهوم رجحان محتوا بر شکل در اجاره‌ها؛ چالشی در حسابداری اسلامی
ساسان مهرانی غلامرضا کرمی علیرضا رامروز سید علی حسینی

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30 - مطالعه تاثیر تامین مالی خارج از ترازنامه بر ارزش شرکت های پذیرفته شده در بورس اوراق بهادار تهران
مهدی مرادزاده فرد جواد فرامرز

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Open Access Article

31 - Investigating the Impact of Excuses of Impossibility and Difficulty of Contract performance completion on the Lease Contract (with an emphasis on the Corona pandemic)
Pari khaledi Leila hakkak Mehri Afshari Kaveh

Abstract: Undoubtedly, one of the basic necessities of society is committing to obligations and fulfilling them completely. For this reason, the first principle in contracts is the principle of necessity. However, it sometimes happens that the fulfillment of the obligat More

Abstract: Undoubtedly, one of the basic necessities of society is committing to obligations and fulfilling them completely. For this reason, the first principle in contracts is the principle of necessity. However, it sometimes happens that the fulfillment of the obligations arising from the contract becomes impossible due to the events that are beyond the obligator’ control. One example of the impossibility or difficulty of performance is the spread of contagious diseases, a special type of which known as Coronavirus is prevalent across the world. This raises the question as whether this disease can be considered as an excuse for the frustration of the contract (excuse) or the difficulty of its fulfillment (difficulty). If it is the case, what will happen to the contract and what will be the contractors’ duties? In response, it should be said that due to the similarity of the components, this disease can be a true example of the difficulty of contract fulfillment, and regarding its role and impact on the scope of contracts, no general rule can be provided for all cases. Therefore, the study of the impact of the Coronavirus on the contract depends entirely upon the type of contract and the conditions governing it. One of the most important contracts affected by this disease was the lease contracts, especially the lease of commercial places in which with the government's order to temporarily close these places, the status of the existing contracts turned into a serious legal issue. In addition, different issues such as dissolution, modification, and suspension of contract were proposed as the possible solutions for the existing situation.Keywords: frustration of contract, difficulty of performance, contract, lease, Coronavirus Manuscript profile

Open Access Article

32 - A comparative study of assignment of contract in Iranian legal system and common law with emphasis on lease contract
amir abbas kavoosi Hassan Badini Nejad ali Almasi

The assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed i More

The assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed in the contractual position of the assignor as a substitute. The most vital effect of the secondary transfer of the lease contract is the same as the voluntary transfer of the contract of the third party, for the method of subrogation of the buyer in the secondary transfer of the lease, it is clear that it is the buyer's representative in the same tenant in relation to the transfer of the right to receive rent and the right Termination and discharge to him is disputed and disputed in the courts. The findings of the research indicate that in the English legal system, with the secondary transfer of the lease contract to the buyer, he is obliged to conclude and accept the terms of the lease contract, and despite the contractual legal transfer to the buyer, the seller also becomes responsible. The research method is descriptive and analytical. Manuscript profile

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