-
Open Access Article
1 - Comparative study of mistake and its effects on the civil law of Iran and France
Reza Fazli Ahmad Yousefi SadeghlouThe present article examines the mistake in Iranian law in the field of private law and its application with regard to the latest developments in the French legal system. One of the relationships between people is civil relations and the most significant civil relations MoreThe present article examines the mistake in Iranian law in the field of private law and its application with regard to the latest developments in the French legal system. One of the relationships between people is civil relations and the most significant civil relationship is contracts. The principles of mistake are one of the most important issues in contracts because if a mistake occurs in the contract, its fate may be affected. Mistakes are incorrect or inaccurate perceptions of reality in the elements of legal action that have different effects on the will. In fact, error is the error in knowing and believing the opposite of reality, despite the firm belief or strong suspicion and the correctness of thought and action, and is equivalent to the concept of compound ignorance. A mistake in French law causes absolute or relative invalidity, so that in Iranian law, a mistake is ineffective in some cases and effective in others. Based on the studies conducted, it can be concluded that the use of theories and experiences of French law should not lead to ambiguous legal writings, if some jurists have confused the concept of relative invalidity in French law with the lack of influence in Iranian law, such as Use of the word breach in Article 201 of the Civil law, which is used to express the guarantee of misconduct. Studies show that in Iranian law, a mistake never causes a lack of influence, because the lack of consent causes a lack of influence and the defect of consent causes the option to terminate, and absolute invalidity will be achieved by destroying the intention. Therefore, the duty of jurists is to establish principles that act in the direction of firmness of contracts, such as the principle of necessity and correctness, and on the other hand, guarantee performances such as invalidity, termination and non-influence that guarantee the interests of individuals in the face of these principles. Conclude in this regard. Manuscript profile -
Open Access Article
2 - A Reflection on the Effects of Objection to Foreign and International Arbitral Awards and Its Cases of Cancellation in the Iranian Legal System and International Documents
Mojtaba Zahedian Ehsan Bazmi MayovanIn recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge MoreIn recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge the arbitrator's award in international instruments such as the ICSID Arbitration Convention and the International Commercial Arbitration Law in the Iranian legal system is the most important manifestation of national courts' oversight of the arbitration process; However, support for the arbitration process requires that the grounds for objection be as minimal as possible. Explaining Evaluating the effects on them seems inevitable. The descriptive-analytical study of this issue confirms that the non-substantial intervention of the national courts as well as the non-extraterritorial implementation of the annulled arbitral award are the most important effects on the objection to foreign and international arbitral awards. Regarding the aspects (cases) of annulment of foreign and international arbitrations, it should be said that the development of these aspects in the Iranian legal system - which is reflected in the cases of annulment and invalidity of the award in the International Commercial Arbitration Law - is a serious threat to development. Optimal arbitration and its institutionalization in the field of social, economic and international relations, which requires the determination of the country's legislator to make reforms in this legal establishment. Manuscript profile -
Open Access Article
3 - An Overview of the Impossibility of Performance in Feq and Iranian Law
Omid ShabaniImpossibility of performance is one of the long accepted contractualexcuses for non performance of contract in the Iranian law .Thementioned excuse is also admitted in Feq called"Taazor".In this article the author has endeavoured to elaborate theirmeanings, conditions a MoreImpossibility of performance is one of the long accepted contractualexcuses for non performance of contract in the Iranian law .Thementioned excuse is also admitted in Feq called"Taazor".In this article the author has endeavoured to elaborate theirmeanings, conditions and effects in order to recognize thedifferences between these two theories presented in the iranian lawand feq. Manuscript profile -
Open Access Article
4 - خرید و فروش اعضای بدن انسان از منظر فقه امامیه
farideh asghari seyed hasan Abediyan kalkhoranبا رشد دانش پزشکی و دست یافتن به فن آوری نوین، بستری برای استفاده از اعضای بدن جهت درمان، مهیا شد. در کشورهای اسلامی با توجه به خاستگاه دینی بودن قوانین، مشروعیت این انتقال مورد سوال واقع می شود که: آیا خرید و فروش اعضای بدن انسان، جائز است؟ طرح این پرسش و جستجوی پاسخ Moreبا رشد دانش پزشکی و دست یافتن به فن آوری نوین، بستری برای استفاده از اعضای بدن جهت درمان، مهیا شد. در کشورهای اسلامی با توجه به خاستگاه دینی بودن قوانین، مشروعیت این انتقال مورد سوال واقع می شود که: آیا خرید و فروش اعضای بدن انسان، جائز است؟ طرح این پرسش و جستجوی پاسخ آن از منظر نصوص و ادله شرعی فقه امامیه، بهانه ای برای رقم زدن این نوشتار به روش توصیفی تحلیلی شد. در این مساله مستحدثه، تعدادی از فقهای امامیه، با استناد به آیات و روایات و اجماع دال بر بطلان بیع میته و ...، حکم تکلیفی آن را حرمت و حکم وضعی این خرید و فروش را باطل دانسته اند. در مقابل، گروه قائلین به حلیت و صحت این معامله با تمسک به عمومات و اطلاقات آیات و روایات؛ ضمن نقد و بررسی قول اول، با توجه به ترتب منفعت محلله عقلایی بر پیوند اعضا برای رسیدن به غرض عقلایی نجات جان انسان و رهایی از درد و رنج بیماری؛ با استفاده از شمول عمومات ادله بیع بر جواز و صحت خرید و فروش اشیای دارای منفعت و اغراض عقلایی، نظریه جواز و صحت معامله را تأکید و تقویت نمودند. Manuscript profile -
Open Access Article
5 - Implications of Trafficking in Goods and Its Approaches
Reza MohsenivallaWhat is accepted as an accepted principle and evident in changing behavior and change of lifeIt is necessary to change the behavior, change the mind and the way of thinking of the owner of that behavior. But it is clear that mere knowledge and awareness of the subject i MoreWhat is accepted as an accepted principle and evident in changing behavior and change of lifeIt is necessary to change the behavior, change the mind and the way of thinking of the owner of that behavior. But it is clear that mere knowledge and awareness of the subject is not obligatory And change is not treated, but to change behavior, knowledge and knowledge must become believable And believes that it will be able to create the necessary motivation for the behavior of properties.The study of the relationship between smuggling of goods and economic issues is very important, but we should not neglect the issue of smuggling from other angles with the cultural and social approach.The phenomenon of smuggling and importing from it, without supervision of the responsible institutions, can have profound cultural, political and social consequences, along with serious social consequences for society.When a country's trade is healthy, legal and transparent, the government is able to predict its future revenue through customs and commercial profits.It enables the government, while not relying on oil revenues, to apply the adopted commercial policies to improve the economic situation accurately And fulfills its expected results.In this paper, we try to consider solutions to the impacts of trafficking in human beings on ways to deal with these effects. Manuscript profile -
Open Access Article
6 - -
مریم حدادی رسول مقصود پور سید محسن حسینی پویا -
Open Access Article
7 - Investigation of Lease Contract in Face to Common Excuse
seyyed mohammad hassan momeni abedin momeniIn all contracts, the first principle is based on necessity, but use of this principle by common excuse can be abolished. The common excuse against the special excuse is a barrier out of parties will which generally prohibits the obligation of contract or in some cases MoreIn all contracts, the first principle is based on necessity, but use of this principle by common excuse can be abolished. The common excuse against the special excuse is a barrier out of parties will which generally prohibits the obligation of contract or in some cases like lease contract it can hamper the vindication of benefits. The prohibition of the vindication of benefits by common excuse depending on the time of appearance would had been effected because common excuse can be appear in various times, because the common excuse can be happened sometimes before bill of subject of hire and sometimes immediately after that and sometimes with an interval after bill maybe before any exploitation of benefits or during the exploitation or at the end of the that. This research has investigated these aspects especially related to lease contract Manuscript profile -
Open Access Article
8 - Corruption Effects of Contract Invalidity on Grasped Property in Imamiyeh Jurisprudence and Iran's Law and its Adaptation with Egypt's Law
abbas kalantari zeynab hesami mohesen shaeryIn this article, the authors want to study the effects of invalidity of contract on grasped property in Imamiyeh Jurisprudence and Iran's law and compare it with Egypt's law. They also indicated the viewpoints of some Imamiyeh jurists and Iranian juristic. Imamiyeh jur MoreIn this article, the authors want to study the effects of invalidity of contract on grasped property in Imamiyeh Jurisprudence and Iran's law and compare it with Egypt's law. They also indicated the viewpoints of some Imamiyeh jurists and Iranian juristic. Imamiyeh jurists account invalidity of contract to inability of ownership transfer, inviolability of possession and necessity of immediately reclamation of property and compensation. In article 308, 311 and 336 of civil code this issue has been analyzed. Iranian legislator also assume the responsibility of giver as the responsibility of usurper, if the transactions go wrong and become invalid. In the civil law of Egypt, based on article 142, the giver should modify the property if the transaction become invalid. Manuscript profile -
Open Access Article
9 - Invalidity of Endowment in Cases of Selling License
farj behzad moharam iraniIn discussion of selling endowment, the general principle is lack of selling endowment. There is disagreement between jurists in getting out of this general rule, but most jurists and even lawyers and civil law of Iran believe in selling endowment in certain cases. In c MoreIn discussion of selling endowment, the general principle is lack of selling endowment. There is disagreement between jurists in getting out of this general rule, but most jurists and even lawyers and civil law of Iran believe in selling endowment in certain cases. In case of selling endowment in answering to this basic question that if endowment is being invalid in selling or endowment remains in endowment case until the time of selling endowment and is been invalid by external selling. There are three theories: the first theory believes in being invalid of endowment by selling. The second theory believes in being invalid of endowment by external selling and third theory by expressing 8 cases as the cases of selling licenses believe in extending and in some cases believe in being invalid of endowment by selling and in some cases believe in being invalid by external selling. Manuscript profile -
Open Access Article
10 - Liability Caused by Nullity of Exchangeable Lawful Acts(in Law of Iran, Egypt, France and Imamieh Jurisprudence
nasrollah shameli ehsan aliakbari mohsen shakeriThe legislator, in all legal systems, considers some special conditions for the validity of lawful acts. In case of non – compliance of such conditions, we will meet various sanctions in terms of intensity and weakness, including: nullity (absolute or relative), lake MoreThe legislator, in all legal systems, considers some special conditions for the validity of lawful acts. In case of non – compliance of such conditions, we will meet various sanctions in terms of intensity and weakness, including: nullity (absolute or relative), lake of force, etc. In this dissertation, the concept of nullity of contracts and unilateral legal acts, and the consequences of their nullity will be studied. Furthermore, the dissertation conducts a comparative study in order to have more consideration on subject matter and also to make use of other legal systems, laws and regulations and their legal doctrines. Then we will carry out a comparative study of the laws of Egypt and France. The reason of choosing Egypt law for a comparative study, is its similarity with Iranian legal system from the viewpoint of following codified legal system and the effects of French legal system on civil and commercial regulations, as well as the attempts of both countries in utilizing jurisprudential doctrines in their legislating process. Manuscript profile -
Open Access Article
11 - Jurisprudence Study of Transferor Lawful Possession in Mortgaged Asset
mohsen safari samad yousefzadehThe possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which MoreThe possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which has got many pros and cons. Chattered mortgage is the patent possession of transferor of the mortgaged asset. There are three theories of validity, lack of influence and invalidity which are presented in this article regarding to this issue. It is attempted in this article to extract the theory which is consistent with the subject entity and the truth of the case, with consideration the judicially and legally, so that the problem of the diversity of judicial verdicts could be solved. Based on the above discussion, it is attempted to shed light on this issue that if the mortgager sells the mortgage's property to third party after the fulfillment of the security agreement, what will happen to the contract of sale? Is that correct, non-affective or null? In this survey it is reasoned using legal texts that the law legislator in the matter on hand has followed the theory of nullity of transfer in regard to the mortgage property. This theory is exactly to explain the jurists' views. However It should be mentioned that the consequence of the nullity goes only to the mortgagee not to the parties of a contraction. Finally, the agreement between the buyer and the seller will have full effect by removing the legal impediment (The subsidiary security interest of the mortgage) from the mortgaged asset. Manuscript profile -
Open Access Article
12 - The Kind of Responsibility and Consequences of the Nullity of Commutative Contracts
Behzad Pourseyyed Mostafa Shafizadeh Mohammad SadeghiA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be inva MoreA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be invalid and respectively has no implication to this contract and subsequent enforcement has no effect. This study aims to review the concept of invalidity in Imamieh jurisprudence, Iranian law and the impact of these sanctions on swap contracts. Based on the concept of invalidity and responsibility arising from swap contracts, it can be concluded that with regard to the use of related concept between “invalidity” and “corruption”, we cannot cite compensation as a result of the invalidity of swap contracts, because there is no agreement to be regarded that person as person is liable. Manuscript profile -
Open Access Article
13 - The Recognition of the Quranic Concept of Changing God's Creation
maryam sabaghi nadoshan mohammadhassan haeriSome of the renowned scholars have thought foolish exchanges and contracts as foregone conclusions, and some have even banned it as a religious order. On many occasions, contracts have been annulled based on such an order. The underlying meaning is that whenever a contr MoreSome of the renowned scholars have thought foolish exchanges and contracts as foregone conclusions, and some have even banned it as a religious order. On many occasions, contracts have been annulled based on such an order. The underlying meaning is that whenever a contract is made by a person who is insane, and that contract is devoid of reasonable thinking, the contract is inexistent and thus non-rectifiable. The foolishness of the contract is an independent factor which ascribes annulment to the contact. However, annulment is because of the insanity of the person who makes the contract not the insanity of the contract itself. Because of the lack of reason for the annulment of foolish contracts, they become legal unless the foolishness of the person in charge becomes evident. Moreover, the truthfulness of foolishness is difficult to prove when personal bias is in action and excludes the contract from being insane. Therefore, besides the problem that most instances of foolishness share, foolishness on its own as an independent factor in the annulment of a contract should be doubted. Manuscript profile -
Open Access Article
14 - Causes of Relative Nullity in French and Iranian Law and Evaluating its Possibility in Jurisprudence
Mohammad Taghi karimpoor Alehashem Mohammd Taghi Alavi Mohammad Mazhari Nasser MasoudiDuring long times, conditional sentence of "relative breach" in Iran's law has been subjected of lawyers arguments. Some lawyers deny existence of this executive guarantee in Iran's law, also a group of them not only have accepted it, but also, in distinguishing its exa MoreDuring long times, conditional sentence of "relative breach" in Iran's law has been subjected of lawyers arguments. Some lawyers deny existence of this executive guarantee in Iran's law, also a group of them not only have accepted it, but also, in distinguishing its examples, have dealt generously. Some of them have chosen conservative solution and believed that theorizing in this case is not correct and written text in scattered laws are sufficient. Other authors, due to lack of this enforcement guarantee in Imamieh jurisprudence that Iran's law is based on it, suggested the term “capability of branch “instead of " relative breach. However, in the present study, we decided to investigate the causes of relative breach in law texts of both countries of Iran and France by deductive logic and then to investigative the feasibility of procedure in Imamieh jurisprudence. The present work confirms the possibility of this idea that in this case, theorizing in civil law of Iran has been valued and has been eligible of innovation and also has determined the internal realm of relative breach in law of Iran and France. Manuscript profile -
Open Access Article
15 - جایگاه و مبانی انفساخ در نظام حقوقی ایران
علی اصغر اسکندری -
Open Access Article
16 - بررسی تطبیقی بطلان قرارداد اجاره در باب تلف (اعم از عین و منافع) در حقوق ایران و فرانسه
بهروز نعمتی احمد شمس محمود عرفانی -
Open Access Article
17 - تاملی بر شرایط تجزیه پذیری قرارداد با تاکید بر مقررات بین المللی
abdoreza hatamikia alireza Rajabzadeh Isthabanati alireza mazlom rahni -
Open Access Article
18 - Jurisprudential and legal study of the right of termination in partial invalidity of the contract with a comparative study of common law
Ali Eslami panah Asiyeh AlaeeBackground and Aim: Annulment has its own characteristics, coordinates and principles that are fundamentally different from other cases of termination of the contract, such as termination, etc. This annulment may occur only in a part of the contract and lead to its part MoreBackground and Aim: Annulment has its own characteristics, coordinates and principles that are fundamentally different from other cases of termination of the contract, such as termination, etc. This annulment may occur only in a part of the contract and lead to its partial annulment. . In order to protect the rights of victims from minor invalidity, different solutions have been proposed in different legal systems. The right to terminate the right part of the contract is one of the solutions that is accepted in the jurisprudential and legal system of Iran and is referred to as the "option of discrimination". Is to examine the acceptance of such a right for the victim of a minor invalidity of the contract and its conformity or non-conformity with justice and fairness and legal principles.Method: In this research, analytical and descriptive methods have been used.Findings and Results: The right of termination is not only not contrary to the "principle of necessity of contracts" but also in accordance with the important jurisprudential rule of "no harm" and also in accordance with justice and fairness. Of course, the absoluteness of this right can be contrary to the above rules, and it is necessary to imagine restrictions such as "desirable unity" and "desirable plurality" for it. The option of segregation discrimination is not provided for in Iranian law, but it can be reconciled with some cases of termination right provided for in British law. Manuscript profile -
Open Access Article
19 - Criteria for determining the types of invalidity of contracts in Iranian and French law
Seyyed Mohammad Taghi Karim Pour AlehashemField and Aims: The present work has delved into the field of discovering a scientific-applied method to detect and determine the types of nullity (absolute, relative and non-existence) of the contract in the laws of Iran and France. In the laws of these two countries, MoreField and Aims: The present work has delved into the field of discovering a scientific-applied method to detect and determine the types of nullity (absolute, relative and non-existence) of the contract in the laws of Iran and France. In the laws of these two countries, in order to distinguish the types and examples of invalidity, three general criteria are used: "Conditions of the validity of the contract", " uninforceability " and "Public interests versus private interests" and the latter criterion is the main criterion for selection and entered into the civil law. France has also become new. Considering the inadequacy of the mentioned criteria, the purpose of the present research was to discover a regular and new method to determine and recognize the types of invalidity in the laws of these two countries.Methodology: The research was done in a descriptive-analytical way and the information was collected in a library way.Findings and Conclusions: While examining the concept and examples of the above three criteria, this article has first turned away from the criterion of " uninforceability " on the occasion of its independence against the guarantee of "Nullity" implementation; Secondly, it has not recognized any of the above criteria as a general criterion for recognizing the type of invalidity; Thirdly, instead of the dominant criterion, he liked the criterion of "public order versus private and public interest"; Fourthly, he has proposed new criteria such as "rules of commandment", "reason", "customs of commandment" and "justice"; Manuscript profile -
Open Access Article
20 - نظریه بطلان دلیل در فرایند دادرسی کیفری (با تاکید بر حقوق فرانسه)
عباس تدین -
Open Access Article
21 - آثار بطلان قراردادهای تجاری نسبت به‌اشخاص ثالث
کورش ایزدمهر محمد صقری -
Open Access Article
22 - Jurisprudential and Legal Perspective on the Transactions Violating the Condition of Legal Omission of Act
Hossein Jafari Samet Mahshid Sadat Tabaei Javad Niknejad,Proviso is one of applied topics and it is very common in our society. As one of its types, negative condition is divided into two groups of material and legal. Regarding a legal negative condition, a person who is responsible to perform a condition undertakes contractu MoreProviso is one of applied topics and it is very common in our society. As one of its types, negative condition is divided into two groups of material and legal. Regarding a legal negative condition, a person who is responsible to perform a condition undertakes contractually not to perform one of the obligations - a contract or unilateral obligation. One very important question which arises here is that, if the person who is responsible to perform a condition violates their obligation, and in legal terms, if they perform a negative condition, what would be the jurisdictional or judicial order for the transaction or for that violation? There is disagreement between the jurisprudents and lawyers in this regard. Some considers the transaction violating the condition as valid and also consider the person in whose favor the condition is made a right to claim compensation; on the other hand, some consider such a transaction as invalid; and, some regard such a condition as invalid. Some of jurisprudents and lawyers consider a transaction which violates negative condition as invalid; and, finally, some regard it as unopposable. Our hypothesis is that, it depends on the negative condition which is violated. In other words, if the obligation is to perform a unilateral obligation such as cancellation, the transaction violating the condition is invalid; but, if the undertaking is the omission of an act, the transaction violating the condition is considered as to be in the observation state. Manuscript profile
Sanad
Sanad is a platform for managing Azad University publications
Links
Related Centers
Technical Support
Official pages
The rights to this website are owned by the Raimag Press Management System.
Copyright © 2021-2024