List of Articles No damage

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - The Impact of Treating Defects leading to Marriage Dissolution on the Rescission Option
  Alireza pouresmaeiili zahra Keramatitabar
  The option of marriage rescission is one of the rights that civil law enacts for the couples following Shia jurisprudence and each spouse due to some defects in the other party can rescind the marriage contract. Of course, today with medical achievements, some of the de More

  The option of marriage rescission is one of the rights that civil law enacts for the couples following Shia jurisprudence and each spouse due to some defects in the other party can rescind the marriage contract. Of course, today with medical achievements, some of the defects that cause marriage rescission are treatable, and following treatment, the person recovers his/her health. However, a question which is raised is whether following the defect or disease treatment, the option to rescission created before the recovery will be abolished or not. To answer this question, there exist two approaches the approach of most precedent Shia jurisprudents who do not think of treatment as abortive of the option to rescission and emphasize the revocation right even after the treatment. In contrast, some current jurisprudents and even some antecedents who have affirmed that through disease recovery, its resulting detriment also ends, and there will be no reason to continue the option to rescission. This paper deals with these two approaches, and regarding civil law condition, evaluates the accuracy of each of these two views. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Contract Adjustment in the Imamieh Jurisprudence and Laws of Iran
  Abbas Moghadari Amiri hekmatollah askari
  Despite the necessity of the principle of binding contracts and respecting the contractual obligations in the legal systems the effect of social and economic circumstances on the possibility of the fulfillment of the obligations over the period of signing to fulfilling More

  Despite the necessity of the principle of binding contracts and respecting the contractual obligations in the legal systems the effect of social and economic circumstances on the possibility of the fulfillment of the obligations over the period of signing to fulfilling of the contract is undeniable. In fact, contracts are signed under presumably normal and predictable circumstances, however in case of unpredicted and unusual circumstances preventing the fulfillment of the contract obligations the obliged party is exempt based on the law of different countries including Iran. Nevertheless there is no concrete solution if the unusual and unpredicted circumstances cause excessively severe difficulty or unconventional loss yet allowing for the fulfillment of the contract obligations.  Here aided by the principles of “No Distress and Constriction” and “No damage” it is possible to give the right of adjusting or reviewing the contract to the parties or the judge or recognize the option of rescission of the contract for the parties. Manuscript profile