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Open Access Article
1 - میزان تأثیرگذاری قاعده لاضرر در تحقق خیار غبن
علی محمودیان امین امانی روح الله مرادی -
Open Access Article
2 - Jurisprudential-Legal Review of Decision Making Difference Between Apartment Owners and Partners in Joint Ownership
Seyed Hasan Hoseini Moghadam Vajihe RastegariJoint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be MoreJoint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be imposed on the minority. But does the management of the common parts of the apartment, like the common property, require the intervention of all the owners, and in this respect, is there a difference between the possession of the common property and the common parts of the apartment? The law of ownership of apartments does not require the permission of all partners and the decision of the owners of more than half of the relative area of the private parts is mandatory for other occupants of the apartment. Or the permission of each of the common partners is not possible; Moreover, in apartments, due to its special condition and the growing growth of apartment construction, any decision to materially occupy and consequently conclude a contract in order to take the necessary measures for the optimal use and maintenance of the building, in common areas subject to the general rules of common property management in Article 582 BC. It is not and there is no need for the permission of all partners. In practice, the management of apartments is based on principles that come from the management of commercial companies, especially joint stock companies due to its special conditions. This privilege should be applied in the management of other common property that has multiple partners and a majority is expected and necessary changes in law. To occur. Manuscript profile -
Open Access Article
3 - An analysis of the Methods of Marriage Contract Cancellation
Dr. Mohammad Reza ChavoshihaDevelopment of the legal rules pertaining to the cancellation of contract for marriage underthe Iranian law has been influenced by both the religious opinions of the Islamic juristsand the doctrine generated by legal scholars. The latter is distinguishable by its effort MoreDevelopment of the legal rules pertaining to the cancellation of contract for marriage underthe Iranian law has been influenced by both the religious opinions of the Islamic juristsand the doctrine generated by legal scholars. The latter is distinguishable by its efforts toaccommodate for the current needs of the society. Neither of the two sources can be its duecredit, but what should always be borne in mind is the original reason for which cancellationof marriage was primarily introduced. The reasons which entitle a person to opt out ofa contract for marriage, regardless of whether they have been expressly enumerated by theshiite Imams or explained in general terms by them, could not be changed. Hence, eventhough some of the diseases that would have given such a right to the other party could nowbe easily cured, this medical development could not deprive that party of his or her rightto terminate the relationship.Changes in this regard could be justified through expressing contractual terms whichin case of noncompliance with the description would result in an option to terminate. Inthis manner the option could be extended to new diseases. As to diseases that could nowbe easily cured in a manner that they would have no effect on the marriage relationship,jurists such as Dr. Mohaghegh Damad have tried to use principles such as the principle ofla zarar,the principle of la haraj, the principle of misrepresentation(‘’ghorur ‘’), option fordeception and option for nonocompliance in order to find a solution. Using the principle ofla zarar seems to have many advantages . This is the best way to change the scope for whichthe right to terminate the marriage contract has been foreseen. Thus, not only could thisright be extended to new diseases, in case of those diseases that are now easily curable,the right could be revoked. Manuscript profile -
Open Access Article
4 - Jurisprudential Analysis of Widespread Disease Outbreaks with Emphasis on the Harmless Rule
mostafa rajabi bagherabad Zohreh Nikfarjam Tahmures ShiriIntroduction: The spread of infectious illnesses has been one of the elements that endangers society's health. Although many of these hazards have been greatly decreased as a result of medical science advancements, we have seen that diseases like the COVID-19, neverthel MoreIntroduction: The spread of infectious illnesses has been one of the elements that endangers society's health. Although many of these hazards have been greatly decreased as a result of medical science advancements, we have seen that diseases like the COVID-19, nevertheless constitute a severe threat to the health of all societies. This study aims to analyze the prevalence of widespread illnesses in order to evaluate the analysis of the aforementioned situation, taking into account the evolution of social and legal systems in societies.Methods: This study was conducted using a descriptive-analytical approach.Findings: In light of various interpretations of its contents, the domain of innocuous and harmless regulations has many distinct meanings, which makes its application highly challenging. After establishing a particular criterion, it is suggested that harmlessness is the absence of injury and the prohibition of producing harm as a result of the abuse of rights, with the criterion of abuse of rights being seen as a breach of accepted conduct.Conclusion: As long as there is a broad illness outbreak, the disease's transmission is seen as damage, and because of the rule of harmlessness, the disease's transmission and facilitation are forbidden. Even though an act that falls under the purview of an individual's rights in a typical circumstance is thought to be the source of disease transmission and harm, in the event of a disease outbreak, it is regarded as unusual behavior and is limited or prohibited due to the second part of the rule that it is harmless. The conflict between losses does not provide a problem since, in the circumstances described, the individual loss is contrasted to society's loss, and society's loss is significant. Manuscript profile -
Open Access Article
5 - Jurisprudential considerations of registration in the acquisition of immovable property
Mohammadalabdalsaleh Shahnoosh forooshaniThe importance of land and real estate in general, among other property that human beings deal with, has caused this property to be the subject of many conflicts between people in society;.The different legal systems have each tried to provide a solution so that the buy MoreThe importance of land and real estate in general, among other property that human beings deal with, has caused this property to be the subject of many conflicts between people in society;.The different legal systems have each tried to provide a solution so that the buyer can be sure of the absence of an adversarial transaction and facilitate access to information related to the ownership of real estate that is necessary for economic policy. This article tries to answer the following questions: Can the sale be made conditional on its registration? Can the transfer of ownership be made subject to sale? Can a transaction that has not been registered by the government be considered unreliable? Can a document of transaction or ownership of immovable property be considered only as proof of ownership? It has been suggested that if the solution to the problem is unique in the current situation in using the official property registration system, the capacity of the Soltanieh rulings at the disposal of the Islamic ruler should be used to legitimize it. Manuscript profile -
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6 - Jurisprudential and legal review of public damages
مطلبی گلعذانی Motalebi GalgezaniIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, MoreIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, the jurisprudential and legal nature of this type of lawsuit has been studied. This study was conducted to investigate the jurisprudential and legal nature of preventive claims. This research has been done by descriptive-analytical method with the tool of collecting filing materials. In our country, this type of damage is mentioned only in maritime law and is not explicitly mentioned in other similar matters. In Western countries, especially in the French legal system, the principle of joint damages is recognized. Jurisprudential principles based on the rule of no harm and repulsion of corruption, have accepted this rule and all stakeholders share in the compensation according to the extent of their interests. In the current silence of the law, there is a need to recognize this type of damage in all civil matters under Article 167 of the Constitution. Manuscript profile -
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7 - A comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudence
Abdolrazzagh Musanataj Seyyed Hossein Safaei Asghar Arabian Najadali Almasi Mohsen MohebiA comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudenceAbstractAlthough in jurisprudence the reference to the theory of Imprevision is relatively lim MoreA comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudenceAbstractAlthough in jurisprudence the reference to the theory of Imprevision is relatively limited, but nevertheless some rules and principles of jurisprudence such as the rule of hardship, new swindling and harmlessness in justifying such theories have been cited by legal writers. Although some jurists have equated the harmlessness, hardship and new swindling rules with the theory of Imprevision in French law, a distinction must be made between the above rules and the theory of Imprevision. However, the theory of hardship has enough consistency to resolve the troublesome situation of unpredictability and prevention until the ambiguity is resolved and a new rule is enacted. In other words, judicial modification or revocation of the contract, like the theory of non-contingency after the amendments to the French Civil Code, can be deduced from the rule of hardship.Key Word: theory of Imprevision, harmlessness rule, hardship rule, the theory new swindling Manuscript profile -
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8 - The role of the prohibition of detriment rule in preventing conflicts of interest in implementaion of environmental protection laws
hossein shahbeik Mohammad Javad Heidari Mohammad nazari ferdoseihAccording to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the L MoreAccording to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the Law on Environmental Protection, some governmental agencies which are in charge of the environmental protection are one of the main parties to this conflict. The solution to this problem can be reached through reviewing the provisions of Article 2 which has delegated the legal structure and status of the most important custodian of environment, The High Council of Environmental Protection, to an Intra-Departmental and Inter-Ministerial Administrative Council. In this context, some governmental agencies have preferred the interests of the ministry over the environmental interests of the country, whose decisions and approvals in the field of environment are drawn within the framework of the government's short-term economic interests, and in practice, environmental laws and regulations are overshadowed by these interests. Based on the rule of Prohibition of Detriment the position of this council should be upgraded from the Administrative Council within the branch to an inter-force (between Executive, Legislative, and Judiciary Forces) and governing council. This can be an effective step in resolving conflicts of interest and in implementing environmental laws and regulations. Manuscript profile -
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9 - Critical Examination of the Fundamentals of Jurisprudence on the Uncertainty of the Mahreh Imamieh Jurisprudence
Hasan Gharavi Mohaddeseh Mehrabi Zadeh Mohsen FatahiMarriage in Islam as a divine covenant and woman as a pillar of this holy place has a fortune. The main throne was to consolidate love in the family and support for the woman. From the viewpoint of the jurisprudents of the Imams and Sunnis, the principle of Mahri has no MoreMarriage in Islam as a divine covenant and woman as a pillar of this holy place has a fortune. The main throne was to consolidate love in the family and support for the woman. From the viewpoint of the jurisprudents of the Imams and Sunnis, the principle of Mahri has no doubt that the main difference is in its quantity, with the vast majority of Shi'a jurisprudents having considered the abnormal feast. The mahria, which at first showed the male-female honesty, has become a problem for the family. Negative consequences of an abnormal mahria on the life of a person, family and society are not in doubt. Now, the question arises whether, according to the jurisprudential justification, the voidness of the abnormal feast can be proved? Thought on the basis of the jurisprudence of the Mahrei shows that the abnormal mahriyah is inappropriate and inappropriate for some reason, and some of its foundations are not compatible with the rules of jurisprudence. Therefore, it seems that the holy shrine is not indifferent to the amount of Mahri, and it considers some restrictions. The present study deals with documentary-librarianship methodology and descriptive-analytical approach as an arbitrator. Manuscript profile -
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10 - Social Thought and Social Responsibility in Imamiyah and Sunni Jurisprudence
Iraj Charkhchi Naser Marivani محمد علی ضیائیIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relati MoreIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relationships, and rules such as law, loss, discipline. And he remembers your stewardship ... Guarantees are among the most important and controversial topics in the field of law. Most importantly, because it is the most afflicted, and most controversial, in spite of the wide range of opinions and writings on this subject, there are still disagreements. Social thought has been a well-known customary and institutional founding of human societies and its origin is respect for the property, rights, and other matters in which the guarantor is concerned, and thus in all religions and law schools, the general principle of the guarantor notwithstanding. It has been recognized and legitimized and proven in the toys. Therefore, the root of the customary establishment of the guarantee must be traced back to property and other individual and social rights that have been accepted by human beings in all historical periods for the sake of social interest and justice. The product of social institution is the guarantee of social order, security and justice. Assigning a variety of responsibilities is also a new approach to the science of law. Manuscript profile -
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11 - Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines
Ali Azadi Ali Abbas Hayati Mohammad MalekiyanAccording to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under t MoreAccording to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under the title of conflict between the no-harm rule and the domination rule and to sum up the theory has been strengthened that the no-harm rule governs the domination rule. In the case rights, the legislature has stated this in Article 40 of the Constitution and Article 132 of the Civil Code; by analyzing law principles it is concluded that if someone takes possession of his right that causes another one trouble and hardship, he is responsible, he would be prohibited of his possession if these seizures are not necessary for him legally. Manuscript profile -
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12 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
Open Access Article
13 - کاربرد قاعده لاضرر در حفاظت از محیط زیست و معماری در راستای ارائه مدلی برای شهرسازی اسلامی و ایرانی
محسن حسن پور سید محمد موسوی بجنوردی مریم ابن تراب -
Open Access Article
14 - Privacy Land for Public Use in Shiite Jurisprudence and Iranian Law
Cobra Abbasi Moqadam Cobra Abbasi MoqadamPrivate and individual rights is more limited by public rights with development of societies and goverments empowerment, and since the prerequisite of social life is granting some rights to the governer of the society including right of personal ownership to all people MorePrivate and individual rights is more limited by public rights with development of societies and goverments empowerment, and since the prerequisite of social life is granting some rights to the governer of the society including right of personal ownership to all people benefit from social and public welfare. These relationships must come to order via legal rules and regulations. According to royal rule, the owner has the occupancy right of any kind in his properties, because ownership is an undeniable right which is the focus of different legal systems and then have changed a lot and its current concept is affected by those changes. On the other hand, this domination must not lead to loss and harm to other people.that is, nobody has the right of causing a loss to others. This prohibitions and limitations include either rightful or legal etentits; as a result, the government can not neglect people ownership rights. Eventually, in the conflict between public good and prvaite intrests, public good comes first because of belonging to people of thesociety and the connection to public intrests. Nationalize, confiscate and purchasing estate are most common and important methods of dispossesion by public institutions which have many diffrences in scope, motivation, purpose, and the method of dispossession, yet their basis is providing public good and intrests. In order to fulfill this important matter. To examplify this controvention, we can mention lands and especially about public applications. of course with enacting propper ruls, accurate planning, lawful strategies, public order. Manuscript profile -
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15 - Jurisprudential and Judicial Nature of Preventive Lawsuits
Saeed Farzaneh Ali Abbas Hayati Faramarz BagherAbadiThe purpose of the present study is to review the jurisprudential status of preventive lawsuits and their legal requirements. The research method is descriptive-analytic and the results showed that God in Surah al-'Asr has advised Muslims on the necessity of taking prev MoreThe purpose of the present study is to review the jurisprudential status of preventive lawsuits and their legal requirements. The research method is descriptive-analytic and the results showed that God in Surah al-'Asr has advised Muslims on the necessity of taking preventive measures to prohibit any harm. Meanwhile, the sapient foundation has advised on the prevention of harmful measures. The explicit message of the principle of Lā Zarar (no harm) is that loss and damage should be prevented by any means. Principles of Tasbib and Itlāf have also admonished for the necessity of doing any measures which prevent harm. Therefore, the preventive lawsuits of compensation are acknowledged if logically there is a likelihood of harm by the defendant. The adopted laws have also referred to this issue although there is not an accurate procedure for this important case. Thus, with reference to the principle 167 of the Constitution and relevant jurisprudential interpretations, the judiciary system should be obliged to recognize these types of lawsuits. Manuscript profile -
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16 - قاعده ید در اموال میراث فرهنگی – تاریخی
حسن مرادی کرندق -
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17 - فسخ نکاح در حقوق ایران، فقه امامیه و شافعی
ارسلان لیلی پور کوروش جعفرپور -
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18 - A Legal and Jurisprudential Perspective on the Challenge of Financial Compensation for Spiritual Damage in Courts
فاطمه السادت حسینی Mahmoud Ghaumzadeh Mohamm RahbarPourIslam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, MoreIslam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, due to its own philosophy,has a particular attitude toward the element of loss in human relations, since it is a source of violation of the rights of individuals and society.Thus, what we aim to say in the field of legislation and Tashri'(Islamic legislation), in the first place, is that in case of damage, if the divine legislator(God)does not establish a rule,it cannot be inferred that the issue is out of the domain of the legal system, because the lack of guarantee in compensation for spiritual damage causes the aggrieved party to suffer loss, and therefore,the no-harm rule will deny the lack of guarantee. However, rational unconsciousness holds that there is a guarantee and the damaging party will, in general, be liable to pay compensation.In this paper, with an approach to the no-harm rule, we attempt to study the way of its practical application in the face Manuscript profile -
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19 - A Juridical and Legal Survey on Redressing Moral Detriment in Accusation
fatemeh sadat hosseini Mahmoud Ghayoumzadeh Mahmoud Ghayoumzadeh Mohammadreza RahbarpourIn Jurisprudence there are sound approaches about redressing detriment. So the rule that used in Jurisprudence for proofing secondary commandments is based on personal and typical expedient. An instance of these moral detriments is “accusation†or charge of wrongdoi MoreIn Jurisprudence there are sound approaches about redressing detriment. So the rule that used in Jurisprudence for proofing secondary commandments is based on personal and typical expedient. An instance of these moral detriments is “accusation†or charge of wrongdoing which its adduction is abeyant to demanding of it. According to intent of “no detriment†formula, any kind of sentences that caused detriment is forbidden. So legislative scrutiny primarily, in the step of fixity of responsibility is a factor of redressing detriment for whom accused and redressing and assurance of it in the step of affirmation that conciliation for redressing financially which is not opposed to religion and society expedient is lead to relief and appeasement for wronged one. In this paper, we try to along with introducing principles pay attention to how to use that in the legal events, explanation of this subject, and reviewing and analyzing necessity of making penal law in such cases. Manuscript profile -
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20 - Damages for Lost Profits in Iran's Jurisprudence and Law and its compatibility with Vienna Convention 1980
hossein ahmari parviz zokaeianA person who sustains a loss can be corporal damage of a moral one. Corporal damage is divided into two kinds: A) to lose the existent property B) To strengthen the profit which is the same as bearing on interest, and it is known in law text as preventing to find a prof MoreA person who sustains a loss can be corporal damage of a moral one. Corporal damage is divided into two kinds: A) to lose the existent property B) To strengthen the profit which is the same as bearing on interest, and it is known in law text as preventing to find a profit that its appropriate has already been obtained. There are different opinions among Islamic jurists and jurisprudents about damage of bearing on interest, and even, there exists this difference in the note 2, article 515 procedure law public and revolution courts in civil affairs and article 9 procedure law of public and revolution courts in penal affairs to the extend that it has caused to understand differently among jurists about this point that is has caused to understand differently among jurists about this point that article 9 has been abolished by article 15, but the reality is that note 2, article 515, is a probable negating no interest and not a certain one. Article 74, convention of 1980 confirms that the loss of bearing no interest which is certain, is demandable clearly. Manuscript profile -
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21 - Examination of Judicial and Lawful Principles of Non-Muslim's Mulct Payment from Muslims' Treasury
amin golrizProtecting blood & respecting people lives have always been taken into consideration by Islam. Paying mulct from the treasury is a way to prevent men’s blood from being trampled and respected the prestige of people in the society. A point about this article which is e MoreProtecting blood & respecting people lives have always been taken into consideration by Islam. Paying mulct from the treasury is a way to prevent men’s blood from being trampled and respected the prestige of people in the society. A point about this article which is examined is that according to some traditions, paying mulct from the treasury, indicating some conditions should be considered for Muslims. The most important document about this case is a tradition from Imam Ali says: " La Yabtelo Dam Amre Moslem." About paying the mulct of a non-Muslim from the Muslim treasury, there is no special rule. But with more attention and reliance on verses, traditions and documentaries about paying the mulct of non-Muslim from the Muslim treasury under some special rules can be proved. Manuscript profile -
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22 - واکاوی ادله فقهی مشروعیت دستورات داروئی به صورت الکترونیکی
یونس کازرانیبا ورود ابزارهای الکترونیکی به معاملات تجاری و جریانهای صدور سند، فقهای محترم به طور گسترده به بحث در این مورد پرداخته و با توجه به عدم تأثیر روش الکترونیکی بر ماهیت و اثر معاملات و اسناد مرتبط، نسبت به جواز آن حکم داده که قانون تجارت الکترونیک مصوب 1382 منعکسشده از Moreبا ورود ابزارهای الکترونیکی به معاملات تجاری و جریانهای صدور سند، فقهای محترم به طور گسترده به بحث در این مورد پرداخته و با توجه به عدم تأثیر روش الکترونیکی بر ماهیت و اثر معاملات و اسناد مرتبط، نسبت به جواز آن حکم داده که قانون تجارت الکترونیک مصوب 1382 منعکسشده از آن است. اما دستورات مصرف دارو، به علت ارتباط مستقیم آن باجان انسان و عدم توانایی همه شهروندان در قرائت متون الکترونیکی، بهصورت یک استثناء در تجارت الکترونیک وجود داشته که ماده 6 قانون مذکور در این مورد تصریح دارد. این پژوهش به روش تحلیل-توصیفی که ابزار گردآوری اطلاعات آن فیشبرداری میباشد انجام شده و هدف آن است که ادله فقهی مشروعیت الکترونیکی شدن دستورات داروئی بررسی شود. بهموجب آیات و روایات، وفای به عهد مهمترین رکن عقد است و به علت عدم وابستگی به معاملات الکترونیک، نسبت به جواز آن حکم داده شد، اما امکان وفای به عهد برای داروسازان و فروشندگان دارو که سلامتی مردم مهمترین تعهد آنهاست، با الکترونیکی شدن یادداشت داروئی وجود نداشته و ممکن است در جهت عکس اخلاق پزشکی نیز حرکت کند. ادله فقهی سازوکار جدید که موجب اضرار به دیگران است را نهی کرده و به همین جهت، میتوان استثنای وارده به مسائل الکترونیکی که یادداشت داروئی را تنها بهصورت کاغذی قبول دارد، صحیح دانست. Manuscript profile -
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23 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
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24 - کاربرد قاعده لاضرر در حفاظت از محیط زیست و معماری در راستای ارائه مدلی برای شهرسازی اسلامی و ایرانی
محسن حسن پور سید محمد موسوی بجنوردی مریم ابن تراب -
Open Access Article
25 - Jurisprudential study of foreign investment and the environment and their legal relations with each other
seyed sajjad khaloei tafti reza aqaabbasi reza shamsiBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of th MoreBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of the environment, which is contrary to the jurisprudential and religious principles of our country should also be addressed; Therefore, it is necessary to conduct this research to provide the necessary legal solutions to reduce and eliminate the negative effects of foreign investment on the environment, so that an effective step can be taken to manage foreign investment while maintaining environmental considerations.Method: In this research, analytical and descriptive methods have been used.Findings and Results: Considering the importance of foreign investment and its impact on the environment in recent decades, we decided to first examine the position of Islamic law on foreign investment and developments in the environment with reference to jurisprudential sources and then Explain and analyze the impact of foreign investment on environmental degradation and the proposed solutions in order to take an effective step towards balancing the environment and the flow of foreign investment according to the jurisprudential and legal principles for our country. Manuscript profile -
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26 - مفهوم و مبانی جبران خسارت از محکومان بی گناه با مطالعه تطبیقی در نظام حقوقی ایران و کامن لا
اسدالله قربان زاده محسن رهامی بهروز گلپایگانی -
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27 - مسئولیت مدنی ناشی از فوت منافع ممکن الحصول
امیر صادقی زاده علی مقدم -
Open Access Article
28 - The position of the harmless jurisprudential rule in the theory of abuse of rights
azra rezazad bari یوسف مولایی Hossein JavadiOne of the most important and practical rules of jurisprudence is the rule of harmlessness, which has many Qur'anic and narrational origins, and for this reason, it has been the focus of jurists. However, the scope of this rule is disputed by jurists. Following the opin MoreOne of the most important and practical rules of jurisprudence is the rule of harmlessness, which has many Qur'anic and narrational origins, and for this reason, it has been the focus of jurists. However, the scope of this rule is disputed by jurists. Following the opinions of jurists shows that the scope of the rule of damages includes material and spiritual damages and it represents the primary ruling among other rulings and it is not in conflict with any ruling except the rule of subrogation. This conclusion is very similar to the theory of abuse of rights, which is expressed in civil liability discussions and its scope is the application and implementation of rights. In French law, in case of abuse in the position of enforcement of the right, the ruling on the right is revoked, and it is equal to the theory of negation of the ruling of the relationship. The new criterion proposed for abuse is the unusualness of the damage caused and, therefore, has a similar criterion to the rule of harmlessness. The channel of the rule is the application of the right and its scope is more limited than harm. Manuscript profile
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