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Open Access Article
1 - The effect of reciprocal obligation, trust and face maintenance on perceived individual and group achievements of knowledge management with the mediating role of knowledge sharing in the telecommunication company of Isfahan province
Malihe Soltani Hamid Reza PeikariThe purpose of this study is to investigate the effect of reciprocal obligation, trust and face maintenance on perceived individual and group achievements of knowledge management with the mediating role of knowledge sharing in the telecommunication company of Isfahan pr MoreThe purpose of this study is to investigate the effect of reciprocal obligation, trust and face maintenance on perceived individual and group achievements of knowledge management with the mediating role of knowledge sharing in the telecommunication company of Isfahan province. The present study is an applied research in terms of the purpose and the method of data collection is descriptive and correlational. The statistical population of this study was3100employees of Isfahan Telecommunication Company in2017among them, at least342people were selected as the statistical sample using Cochran formula and 351questionnaires were distributed based on non-probabilistic sampling process and data were collected. Data gathering method in the present research is field method and data collection tool is a localized. To analyze the data, SmartPls software was used in two levels of descriptive and inferential statistics. The results obtained from structural equations showed that the reciprocal obligation (β=0/55, t=4/5), trust(β=0/61,t=2/3),facemaintenance (β=0/18, t=1/8) and knowledge sharing (β=0/45,t=3/8) have a positive and significant effect on the perceived individual and collective achievements of knowledge management . Also, it shows the positive and significant effect of reciprocal obligation (β=0/52, t=5/3) and trust (β=0/64,t=4/9) on knowledge sharing, but showed no significant effect on knowledge sharing (β=0/04,t=0/31). Manuscript profile -
Open Access Article
2 - "Regeneration and People Participation Pyramid", An Appraisal Criteria of Brown Field development Programs (Case study: The viewpoint of "Regularizing and Supporting of the Construction and Supply of Housing( RSCSH) Law" to Rehabilitation and Regeneration of Urban Distressed Areas (UDAs))
Mohammad Aeeni zahra alsadat ardestani Revitalization and rehabilitation of urban distressed areas emphasis on using great capacities with private sector participation But complexity of the issue reluctant to directly involve and utilize these capacities. In order to persuade the private sector for in More Revitalization and rehabilitation of urban distressed areas emphasis on using great capacities with private sector participation But complexity of the issue reluctant to directly involve and utilize these capacities. In order to persuade the private sector for investing in this area, they should be enabled and supported in three field: Creating effective motivations, trust-making and legal obligation. Brownfield development in form of using capacities and potentials in cities is a complicated, polyhedron, interdisciplinary with physical, urban planning, execution and technical aspects. Large areas of our cities suffer from decay and multiple form of obsolescence. These areas are known as Urban Distressed Areas. Human, financial, economic, social and cultural resources of the country are in danger in these areas due to the casualties and inefficiencies which therefore highly require revitalization, rehabilitation and regeneration. These areas are contain of distressed neighborhoods which could be studied in many different aspects. Moreover, great capacities of housing construction could be utilized through upgrading of UDAs. While effective motivation provided, people will join to the regeneration process. On this basis, the regeneration process is managed by "Reconstruction Pyramid" as a model for evaluate this program. This paper tries to describe that model and evaluate its efficiency. Manuscript profile -
Open Access Article
3 - Law governing obligations in electronic contracts
Rahim Abdoli Tayeb Afsharnia Alireza Rajabzadeh EstahbanatiThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form MoreThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form and compatibility with the rules and regulations of civil law regarding contracts is one of the new topics, the recognition and study of which depends on the formal structure of the electronic environment and well-known communication technology concepts in this field. . Determining whether a binding contract is concluded in the relationship between the parties or is done in accordance with the applicable law. Although e-commerce law does not seem to conflict with the general rules and regulations of civil and commercial law, there is considerable coherence and coordination with the formal and technical concepts and rules of legal resources in applying these rules to the legal issues of e-commerce contracts. This research is theoretical and content analysis and by referring to legal and related sources, an attempt has been made to provide relevant laws. Today, the law governing the contract is outside the scope of national law, and it is not necessary that the law governing the election of the parties to the contract be related to the contract, and also the laws governing the contract can be changed with conditions, As a result, concluding these contracts in a different and new environment has different rules governing different contracts and obligations, which are discussed in this article. Manuscript profile -
Open Access Article
4 - Evaluating the possibility of harmonizing the regulations governing electronic contracts with international regulations.
elahe ekrami SHOKROLAH NIKVANDIn some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, MoreIn some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, e-mail address, validity period of the offer and terms of cancellation in her offer, while according to the civil law, none of these cases are the responsibility of the seller. The purpose of this research is to investigate these differences and their causes, weak points or strength, and how to combine laws in some cases. The research method in this article is descriptive and analytical, and method of collecting information is library. Considering the non-personality and additional nature of electronic contracts and the possibility of their internationality, the law of electronic commerce has been prepared by adapting the international model laws in order to unify the regulations and harmonize most of the countries. Based on this, despite the terms of termination in these contracts, there is no place to invoke the civil law termination cases. Also, electronic documents such as normal and official documents are recognized as valid. It is appropriate for the judiciary to step in this direction. Manuscript profile -
Open Access Article
5 - The concept, nature and effects of the obligation on third parties
Amir baraniThe principle of the autonomy of the will declares that a person’s will is the main source of obligations. Consequently, the will of another person doesn’t result in an obligation against or in favor (of) that person. However, the necessity of creating a con MoreThe principle of the autonomy of the will declares that a person’s will is the main source of obligations. Consequently, the will of another person doesn’t result in an obligation against or in favor (of) that person. However, the necessity of creating a contract such as insurance and collective contracts in addition to social needs has led to this principle being addressed in some specifications. One of the most important Exceptions is the obligation on third parties. But what are the meaning(s), nature and effects of this specification? Contrary to the belief of some writers, the obligation on third parties is, in fact, making a person obligor whose will doesn’t play a role in creating that obligation. Regarding the nature of this entity, it should be noted that the obligation against third party is theoretically subject to the general rules of unauthorized transactions. Therefore, until it’s confirmed, an obligation will not arise for that person, unless the legislator explicitly assumes the obligations resulting from people’s will for another person Manuscript profile -
Open Access Article
6 - A Comparative Study on Duties, Powers and Obligations of Labour Inspectors in Iran Labour Laws and International Labour Standards
Seyed Mohammad Hashemi Ali Hajivand Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, m More Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, making policy and preventiveimportant duties. Hence, In order to enforce these duties in premises, they, inaddition to have certain rights and powers, should enjoy the stability andindependence of the employment, so that they exercise their duties andpowers in impartial manner and free of undue pressures and constraints fromoutside the system, in order to protect the manpower, economic sources andenvironment of work that are, nowadays, considered as essential elements ofsustainable developments. Therefore, labour inspectors, as representatives ofthe State in thr world of work, are empowered considerable rights legalpowers that their proper enforcement of these rights and duties constitutesthe fundamental to the authority of inspectors and inspection system as awhole.Instead of these rights and powers, labour inspectors also undertakethe obligations that consist of: the compliance to the principle of theimpartiality in the process of the inspections, preservation of professionalsecrecies concerned with employers, confidentiality regarding the source ofcomplaints and professionalism and competency. Manuscript profile -
Open Access Article
7 - Comparative Study About Voluntary Assignment of Right
داوود Bozorgmehr علیرضا YazdanianAfter some fluctuations, voluntary assignment of right was accepted in the Frenchlaw. In Fact, this was the result of acceptance of the thesis, that is Separatin ofobligation from the personality of creditor and its assignability .Fortunately, in Iranian law, attention MoreAfter some fluctuations, voluntary assignment of right was accepted in the Frenchlaw. In Fact, this was the result of acceptance of the thesis, that is Separatin ofobligation from the personality of creditor and its assignability .Fortunately, in Iranian law, attention to the Figh backgrounds, there is no problem inacceptance the legal establishment of voluntary Assignment of Right. For example,Guarantee contract and Draft are the best cases that are based on the assignment ofobligation. However, it is necessary to say that, voluntary assignment of right inIranian law is possible in many ways concluding; nominated contracts, unnominatedcontracts and some other ways that are discussed in this article. Manuscript profile -
Open Access Article
8 - Voluntary ssignment of debt with an overview to French law
Davood Bozorgmehr Alireza Yazdanian Masood Reza Ranjbar SahraeeAcceptance of valuable legal entities such as draft contract and contract ofguarantee in Islamic law and iranian civil law is due to the positive attitude ofislamic legal system about possibility Imagine of separation of debt from the debtorpersonality and Subsequently MoreAcceptance of valuable legal entities such as draft contract and contract ofguarantee in Islamic law and iranian civil law is due to the positive attitude ofislamic legal system about possibility Imagine of separation of debt from the debtorpersonality and Subsequently possibility of voluntary assignment of debt .On thesame basis in iranian law by accepting the principles of voluntary assignment ofdebt, in addition to acceptance of different kinds of this legal institution, in thedifferent rules such as civil law, commercial law, labor law in the form of definite orindefinite contracts, the necessity of reform of civil law and make the "assignment ofdebt" as an independent religion with its own unique characteristics consistent witheconomic and social necessities are the major issues that were discussed in thisarticle. Manuscript profile -
Open Access Article
9 - Proposing a role model of accounting obligations in companies accepted in Tehran stock exchange relying on critical financial knowledge
re مظفری Mohammad Reza Pourali mahmood samadi سیدفخرالدبن فخرحسینیPaying attention to the principles and requirements of accounting in stock exchange companies is one of the distinguishing components from the perspective of financial knowledge, which helps company managers to make favorable and strategic decisions in order to achieve MorePaying attention to the principles and requirements of accounting in stock exchange companies is one of the distinguishing components from the perspective of financial knowledge, which helps company managers to make favorable and strategic decisions in order to achieve goals in accordance with professional ethics and attention. It is based on the principles of guidance and guidance, but the inclusion of requirements and principles that can raise the level of expectations of the stakeholders can bring this type of accounting to the desired results, relying on the principles of critical thinking that seeks persuasion and transparency. Financialization among the stakeholders includes the shareholders and customers of the companies; it is a suitable foundation and foundation for this, with the reviews of the researches related to the accounting requirements in the companies, paying attention to the role of knowledge. Critical finance has been neglected, for this purpose, in this article, this research gap is investigated and the factors affecting the accounting requirements in Tehran Stock Exchange companies are identified based on the principles of critical thinking, based on the opinions 15 experts, who have doctorate education with at least 20 years of experience, were selected as a purposeful and accessible sampling, in the form of a theoretical paradigm model. The foundation is provided. The results of the research showed that in the section of causal factors including the development of exchanges and communications, corporate governance and systematic approach, central factors include the promotion of strategic approach, strengthening of management indicators and critical principles, and underlying factors including the management of stakeholders and intervening factors including environmental conditions. In addition, the strategies include the development of social responsibility, strategic needs assessment, partial acceptability and partial legitimacy, and the resulting factors include the systematic development of financial indicators and the increasing growth of market share. Manuscript profile -
Open Access Article
10 - The Model for Assessing and Prioritizing Effective Requirements in Marketing and Augment of Tax-payer satisfaction in National Tax Administration of Iran
H. Nezakati Alizade, R. Golzar AdabiIn this research for the first time in Iran; we try to distinguish effective factors of customer satisfaction by prioritizing requirement of the tax organization with the use of Kano and SERVQUAl models. We determine that the tax is the most important finance MoreIn this research for the first time in Iran; we try to distinguish effective factors of customer satisfaction by prioritizing requirement of the tax organization with the use of Kano and SERVQUAl models. We determine that the tax is the most important finance policy instrument to achieve economic growth social equity and regulation of many economic sectors. The last experiences of the tax system in Iran and other countries indicate that customer cooperation is the most effective way to achieve the goals of tax organization in every country. In this research, by use of three hypotheses exploratory research project; surveying research and accidental sampling the necessarily statistical information of 297, people from the north, south, west, and east tax administrations was collected by the reliable method (standard, approved by supervisor and advisor) and a valid questionnaire (by use of Cronbach alpha indication with the result of 85 percent). The achieved results indicate that prioritizing the tax organization is based on SERVQUAL factors (reliability, responsiveness, tangible, assurance, empathy); Kano model (basic, performance, attractive requirement), and the integration model. Manuscript profile -
Open Access Article
11 - The Concept of Iitlaq in the Fiq'hi (Islamic Jurisprudential) Term of Velâyat-e Faqih
Seyyed Javad VaraeiVelayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" MoreVelayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" does not have the same meaning in Fiq'hi "Islamic jurisprudential" terms. An overview shows that this word is used differently according to the topic under discussion. At least six meanings and concepts of this word can be seen in the phrases of fuqahā (Islamic jurists), which is a sign of the relative nature of its meaning and concept. The Velayat that "it is not bound by expediency", "in addition to the public sphere, it also includes the private sphere", "beyond the scope of the necessary affairs of the society, it contains all public affairs", "in addition to the implementation of Sharia rulings, tries to enact laws in the realm of Sharia principles", "in addition to the implementation of rulings, establishes laws in the realm of Sharia Mubah "permitted" and obligations" and "Velayat over the property of the Imam (AS)" is referred to as Velayat-e motlagh-e (absolute guardianship). This variety of usage shows that the assignment of iitlaq in the term Velayat-e motlagh-e does not have the same meaning and concept and it has a different meaning depending on the topic under discussion and in dispute. The purpose of this research paper is to show relativity in the idea of iitlaq in the Islamic jurisprudential term of Velayat-e motlagh-e. The research method will be descriptive-analytical based on reliable Fiq'hi "based on Islamic jurisprudential method" sources. Manuscript profile -
Open Access Article
12 - Contemplation on the ratio between the obligation to provide the information and no warning
Reyhaneh Hassanpour Asadullah Lotfi Marzieh PilevarThe need for today's society and the need for consumers to be informed of the basic commodity information have led the lawyers to propose a "commitment to provide information in the contract" theory. Based on this theory, the party that is aware of the contract is oblig MoreThe need for today's society and the need for consumers to be informed of the basic commodity information have led the lawyers to propose a "commitment to provide information in the contract" theory. Based on this theory, the party that is aware of the contract is obligated to provide the uninformed party with information about the subject of the contract. Certainly, part of this information is dedicated to the dangers and disadvantages of the correct and incorrect use of the goods; therefore, silence can give rise to the responsibility of the supplier or the manufacturer of the goods, and the provision of information can be taken away as a liability. This concept is akin to the abundance of altruism, since under this rule, any warning and inerrancy results in the elimination of responsibility. Therefore, the main question of the present research can be summarized as follows: the ways of sharing and differentiating the underlying principle and the obligation to provide information. We arrive at the results that there is a general and absolute relation between the inertia and the obligation to provide information. Manuscript profile -
Open Access Article
13 - Legal Jurisprudential Study of the Types of Claimable Damages in Breach of Contractual Obligations in Accordance with the Latest Amendments to the French Legal System
Marzieh Farahati seyed mohammad sadri Abbasali FarahatiIn the Civil Code of the Islamic Republic of Iran, the damages caused by the breach of contract are predicted in Articles 226 to 230. In a legal sense, damage refers to either the incurred loss or the money awarded to compensate for damages, and in jurisprudential texts MoreIn the Civil Code of the Islamic Republic of Iran, the damages caused by the breach of contract are predicted in Articles 226 to 230. In a legal sense, damage refers to either the incurred loss or the money awarded to compensate for damages, and in jurisprudential texts, it refers to “injuries”. The important point is to find the type of damages that can be recovered. This article focuses on the types and rules of recoverable damages in the breach of contract in jurisprudence and Iranian laws in terms of nature, cause, source, and time of loss occurrence and then they are adapted to French law with respect to its latest amendments. Material damages, moral damages, damages for loss of prospective, collateral damages, late payment damages, past direct or future certain to happen damages as well as delay penalty can be considered as recoverable damages in the breach of contract that are required to be explicitly specified by the legislator. Some of the recoverable damages found in the French legal system in the breach of contract is not predicted in the Iranian legal system, including “damages incurred due to trust” and “damages incurred due to expectation” or the issue of judicial adjustment regarding the “penalty clause”, which has been added to the new law in France, but does not exist in our law and should be added. Manuscript profile -
Open Access Article
14 - A Jurisprudential and Legal Analysis of the Component of Permission to Limit Obligations
Hamid Khanmohammadi Abbas Karimi(corresponding author) Alireza Mazloom Rahni Mohammad BahmaniIn general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permissi MoreIn general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permission, and these tools of permission are not specified between the permission and the permitted person, but based on reason, this perception is created for the permitted person. There are factors in obligations that explicitly and implicitly limit it. Therefore, the purpose of this study is that permission and its functions can limit the obligation as a component, and this question is also raised as to how and to what extent the limitation is. Via examining a the descriptive-analytical method in jurisprudential and legal texts, permission is used as a component in obligations, and its tools and functions implicitly change the limits of the obligation and cause the increase, decrease, or cancellation of the obligation. Considering the past and present, no significant definition of permission has been seen in jurisprudence and law, and its legal nature has been a point of dispute and has been divided in different ways. In addition to the fact that permission has an explicit effect on the limits of the obligations, it is also implicitly effective and changes the limits of the permitted person’s obligations, and in some cases, in addition to the illegal possession, it will also have the effect of removing the guarantee. Therefore, the functions of permission are not merely limited to permission or permission in a legal event, but also in legal actions, and based on that, the limits of the obligation can be specified and determined, and the effect of possession can be considered useful. However, regarding the negation of the guarantee resulting from it, there are differences in different branches of Islamic jurisprudence (Fiqh) and law. Manuscript profile -
Open Access Article
15 - Conceptual Recognition of Guarantees and Its Types in Islamic Jurisprudence
Hasan Khodabakhshi Seyyed Mohammad Reza Ayati Asghar ArabianThe word “guarantee” in jurisprudence is a widely used term, and despite its widespread use in jurisprudence, both in its literal sense (between Imamite and Sunni jurists and in civil law and business law in Iranian law) and in its idiomatic sense, There is MoreThe word “guarantee” in jurisprudence is a widely used term, and despite its widespread use in jurisprudence, both in its literal sense (between Imamite and Sunni jurists and in civil law and business law in Iranian law) and in its idiomatic sense, There is disagreement. By examining jurisprudence and legal books it can be concluded that there is no comprehensive meaning to this term and jurists have defined the jurisprudence on every subject of jurisprudence in relation to the subject of warrant; Iodine and... each have a separate definition. The same difference in the definition of a guarantee has led some jurists and jurists to use terms such as “obligation”, “obligation”, “responsibility” and “obligation” sometimes in the sense of guarantee and sometimes in place of each other. The present article seeks to prove the assumption that bail in jurisprudence and law means civil liability and, in an analytical manner, by referring to authentic jurisprudential and legal books, proves this hypothesis. Manuscript profile -
Open Access Article
16 - The Study of the Necesity Acquirerelase of Pationt in Order to Eliminate of Civil Responsibility of a Doctor
Mehdi Khadem sarbakhshThis articles, regarding to religiously opinions and studingIraninand English law, apropratied to study of the necesity acquire relaseof pationt in order to eliminate of civil responsibility of a doctor.This articles is writen in tow parts. First part of this articlesap MoreThis articles, regarding to religiously opinions and studingIraninand English law, apropratied to study of the necesity acquire relaseof pationt in order to eliminate of civil responsibility of a doctor.This articles is writen in tow parts. First part of this articlesaproprated to necesity or non necesity acquire release of pationt inorder to eliminate of civil responsibility of a doctor and secondparts aproprtated to conditions of effectivityrelase or consent ofpationt. In this articles, the resercher is concluded that the consentof pationt is enough in order to eliminate of civil responsibility of adoctor. In the other word, in order to eliminate of civilresponsibility of a doctor about injuries of pationt is not necesery toacquire release of pationt. Manuscript profile -
Open Access Article
17 - Usury in State Loans
Mohammad Jafari HarandiThe usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of proh MoreThe usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of prohibition of usury and in addition the governmentproperty including cash belongs to the people and considers ascommon property and when the government loans it to the people infact loans peoples property to themselves and therefore if it takesany gain there is not any problem. Manuscript profile -
Open Access Article
18 - The Possibility of Obliging the Tenant to Ruin the Monument after the Expiring Rent time
Mohammad bagher AmeriniaArticle 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 MoreArticle 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 -
Open Access Article
19 - To Condition to the Result in Unnecessary Cosmetic (Fantasy) Surgeries
Ali Reza Mashhadizadeh Mansour AminiIssues related to physician's liabilityis as old as the science of law itself. This article has been written while considering abundant studies carried out on the principle of physician's liability with presuppositions like doctor's responsibility, the requirement to pr MoreIssues related to physician's liabilityis as old as the science of law itself. This article has been written while considering abundant studies carried out on the principle of physician's liability with presuppositions like doctor's responsibility, the requirement to prove the doctor's failure case of obtaining innocence, etc. which has turned into common statement and jurisprudence. The current study is trying to prove that the relation between doctor and patient is contractual in most cases. Even in unnecessary cosmetic (fantasy) surgeries, the doctor is obliged to the result; and in case of failing to obtain the [expected] result, the doctor is considered as the defiant of the contract and the guarantor of breaching the contract commitments. No reasons exempting physician's liability such eshesan principal cannot be enforced in this commercial relation Manuscript profile -
Open Access Article
20 - Analyzing after Death Commitments from Iranian Law Perspective
Sayed Mohamad Hosayn Kazemi Bazardehi Aabasali Soltani Hosayn Naseri MoghadamAfter his human life, committed to issues that are important. Issues such as: money, blood money, borrowed and ... In each place, there is a variety of topics. Human obligations after his death, is acceptable to retribution and utter commitment, and this is impossible. MoreAfter his human life, committed to issues that are important. Issues such as: money, blood money, borrowed and ... In each place, there is a variety of topics. Human obligations after his death, is acceptable to retribution and utter commitment, and this is impossible. Islamic law and jurisprudence in regard to this issue and in different positions directly and indirectly, various discussions have taken place around it. Research accomplishments include: tribute to the dedication and commitment of financial and nonfinancial of dead is acceptable to retribution and utter commitment the neck, it is possible and focus on civil law. Manuscript profile -
Open Access Article
21 - Modeling the underlying factor of taxpayer behavior when receiving training in order to improve social capital (case study: legal entities of Tehran)
Foroogh moezzi mohammad ali keramati mohammad ebrahim mohammadpur zarandi One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfi More One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfillment of tax obligations, which can lead to theimprovement of social capital. The present research tries to examine one of the important aspects for thefoundation and improvement of tax implementation in the country, which is the training of the tax plan in theeffectiveness of tax implementation. To detect the effects of educational programs on taxpayers' behavior(fulfilment of tax obligations and business results), the factor-based modeling approach, which is a part-towhole approach, has been used. This research is of applied type and its statistical population consists of legalentities of Tehran city and by examining articles in foreign and domestic scientific databases in the field ofresearch, factors were identified and through the tax organization database and questionnaire during the periodof 2014 to 2019, the desired information has been collected. After identifying the factors, the relationshipbetween them and the relationship of the factors with the environment and finally modeling the basis factor andimplementing it in AniLogic software, it was concluded that the training courses held for each taxpayer canimprove the taxpayer's perception of the amount of tax that has been assigned to him. Decrease, which will leadto the fulfillment of tax obligations and improvement of social capital and changes in profitability and costlevels. Manuscript profile -
Open Access Article
22 - A sociological survey about effective social factors on job satisfaction (A case study of Tehran`s railway personnel)
Seyed Mohammad Sadegh Mahdavi Tisapeh Asadi -
Open Access Article
23 - The role of Cultural Engineering in Development of Citizen's Ethics
دکتر هاشم نیکو مرام دکتر اسماعیل کاوسی حوریه ساداتIntroduction: citizen ethics are a set of rules and social customs which can provide the possibility of a good and coordinate life without any tensions with each other or environment in large, medium and small cities. So the viewpoint and ethical approach of MoreIntroduction: citizen ethics are a set of rules and social customs which can provide the possibility of a good and coordinate life without any tensions with each other or environment in large, medium and small cities. So the viewpoint and ethical approach of authorities and residents of these cities can help to institutionalize this approach by cultural engineering , and can provide possibility of calm pass to sustainable development and eliminate Inappropriate situations to appropriate ones for future generations. This research reviews the relationship between cultural engineering and developmentof citizen ethics. Method: This research is descriptive in terms of performance and is done by using correlation method and is considered as an applied research in terms of goal. Results: Having considered the indexes such as social obligations, professional obligations and personal interests in the theoretical studies of research in ethics area, the result has shown that the social obligations are most influenced by culture in ethics area andSocial obligations and personal interests were shown to have been most influenced by cultural engineering techniques. Conclusion: The results demonstrated that cultural engineering does have an effect on promoting ethical and moral values .In other words the development of citizen’s ethics by cultural engineering is considerable. Manuscript profile -
Open Access Article
24 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat MirtorabiEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community MoreEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community may decide that one of its collective goals is to sustain the quality of its waterways. It might achieve this by promulgating a binding legal rule prohibiting any person from dumping waste exceeding a specified quantity into its public waterways, and imposing a financial penalty on any person who violates this rule. However, the same collective goal might also be achieved by imposing a system of tradeable permits that allows certain amounts of wastes to be dumped into public waterways upon payment of a specified sum.This research is based on library studies and descriptive analytical method and a new approach is sighted.Purpose of this study, is to explain the role of environmental regulation as a facilitator of the administrative structure in good condition along with social interaction. Also, is considered explaining the importance of regulation and rule-making.Regulation is including important social standards and strong enforcement of legal obligations in the community. The fundamental standards, is consistency in the field of public law and seems important approach is environmental Protection and Citizens adherence to environmental obligations. Manuscript profile -
Open Access Article
25 - Investigating the Fundamental Principle of Deterrence in International Environmental Law
Mohamad Zaker Ardakani Alireza ArashpourInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence MoreInternational Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence is a Fundamental and Universal Rule in Development-Oriented and Sustainable Policies Related to the Exploitation of Natural Resources and Ecological Aspects of Countries, Which on the one Hand Focuses on Pollution Prevention and Precautionary Measures in the Face of the Environment and Natural Resources. On the Other Hand, it includes Systematic Protection Measures and the Cooperation of Countries and Other Persons under International Law with Regard to Environmental Activities and the Exploitation of Natural Resources, Under National Sovereignty and Jurisdiction. Therefore, Violation of the Principle of Deterrence, Due to the Limited Environmental Resources and the Long Process of its Replacement, Leads to Improper Use of Natural Resources and Causes Numerous Damages to Environmental Components, Including Water, Air, Soil, Plants, Wildlife, etc. Which are Sometimes Irreparable and Ultimately Threaten Human Life and Health, Although Repairing the Damage and Compensation Requires Exorbitant Costs and Long Periods of Time, Sometimes Intergenerational Manuscript profile -
Open Access Article
26 - Environmental Diplomacy in the Light of International Convergence: an Effective Approach towards International Law Sustainable Development
Ali Zaree sobhan tayebi Shima NaderiToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the ne MoreToday, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the need to adhere to the rules of the law are two crucial foundations in explaining the role of environmental diplomacy in achieving sustainable development. Development and environmental protection will certainly not be on a sustainable path unless regional interactions and international cooperation take a serious turn. This study is based on bibliographic and descriptive approach and is based on the evaluation of new sighted. Along that, environmental diplomacy is known as an effective method to natural resources and ecosystems conservation. So, environmental discussions are very much important international convergence reason. Therefore, international community can lead to global environmental conservation strategies with that convergence attitude. This research aims to determine the international environmental law evolution firstly and government’s roles in front of environmental challenges lying international convergence and legal fundamentals. So, environmental threats and hazards, display an illogical human act, that can be solved under the shadow of international convergence and moving to environmental conservation and global peace. Manuscript profile -
Open Access Article
27 - The Cases of Necessity of Paying Khoms from the Viewpoint of Shia Jurisprudence
ali tahmasebipour hamid kavianifarAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among r MoreAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among rich and poor in the society, but also makes the life horizon for different classes even closer with regard to the wealth and material blessings. Khoms is one of the financial religious duties which is commanded by the supreme god to his servants. And in case that all the conditions are provided, every obliged person must pay that. Therefore, after allocation of the abovementioned financial duties on the shoulder of the obliged person, there shall be no right of possession; and necessarily he is obliged to distribute it among the people who deserve it. And about this necessity, just one case of delay up to one year for the purpose of deduction of the annual hoard of his wife and himself is permitted, and in other cases, this necessity is immediate, and there shall be no delay in its payment. On the strength of the verses of holy Koran and traditions of the infallible Imams, the payment of Khoms is obligatory for seven cases, including: spoils, mines, treasure, fishing materials, legal property mixed up with illegal property, growth of interest, the land which is bought by a rejected Kaffir from a Muslim.Keywords: Khoms, Khoms payment obligation cases, Shia Jurisprudence Manuscript profile -
Open Access Article
28 - A Comparative Study of the Obstacles to Performing the Same Obligation in Islamic Jurisprudence, Iranian and British Law
Mohammad Reza Ashtari Hassan Pashazadeh Salman ValizadehThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation MoreThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation that compels the obligor to perform the same obligation or impede performance of the obligation or claim for damages or other compensations, the obligee has the right to make a claim either for the fulfillment of the same obligation or compensation. As long as there is no obstacle, the obligor performs the same obligation, and the court considers the request of the obligee. However, if it is not possible to compel the obligor to perform the same obligation or due to some obstacles, the judicial process prolongs or costs increase, the court is obliged to follow up. The obligee is also entitled to rescind the contract and doom the obligor to pay penalty for breach of contract. Manuscript profile -
Open Access Article
29 - Jurisprudential Rules about Narcotics Emphasizing on Drug Trafficking
Mohammad Reza Momeni Ahmad MoradkhaniThe purpose of the present study is to review jurisprudential rules about narcotics with an emphasis on drug trafficking. In this regard, using a descriptive-analytic method, the article deals with the definition of narcotics and why its consumption is banned in jurispr MoreThe purpose of the present study is to review jurisprudential rules about narcotics with an emphasis on drug trafficking. In this regard, using a descriptive-analytic method, the article deals with the definition of narcotics and why its consumption is banned in jurisprudence. Besides, obligation and situational rules in this term with respect to the verses and traditions as well as rational and jurisprudential principles are discussed. This research is approved with respect to rational and narrative reasons as well as jurisprudential principles such as lā-Zerār, illegitimacy of production, consumption, and smuggling of narcotics and also nullifies consumption of the obtained money. The major cause for the illegitimacy of narcotics derives from jurisprudential principles such as lā-Zerār although its foundation is different among the jurists. The criticisms and arguments mentioned by some jurists about the above reasons do not damage the principle of proving illegitimacy and order of situational rules. Manuscript profile -
Open Access Article
30 - Prohibited Contributions to Sin and Prohibited Contributions to Oppressor in Mass Media in the Eyes of Islamic Jurisprudence and with an Emphasis on Jurisprudent Speculation of Imam Khomeini (ra)
سید محمدرضا پیرمرادیانStudying rulings of news broadcast and press is particularly important with a consideration given to age of communications and the need of jurisprudence to respond to matters concerned with the community. In school of Islam, jurisprudence is in charge of elucidating ind MoreStudying rulings of news broadcast and press is particularly important with a consideration given to age of communications and the need of jurisprudence to respond to matters concerned with the community. In school of Islam, jurisprudence is in charge of elucidating individual and social must’s and must not’s including jurisprudent rules of the rule “prohibited contributions to sin and prohibited contributions to oppression”. This article initially presents proofs and sources pertinent to these two rules taken from verses and narrations; it cites literal and idiomatic senses of these two rules through verses and later, it mentions ruling of these two rules from the opinions of jurisprudents and jurisprudent principles of Imam Khomeini (ra). Besides, considering the rule “prohibited contributions to sin”, it has dealt with one of the applying cases in media meaning the media which affects abnormally imitative behavior of the audience and further, considering the rule “prohibited contributions to oppressor”, it explores one of its applications meaning autocratic journalism. Consequently, with an emphasis on jurisprudent speculations of Imam Khomeini (ra), it finally discusses special role of news media in resuscitating “bid for good deeds and forbid bad deeds” so that rules of “prohibited contributions to sin and prohibited contributions to oppressor” would be practically achieved. Manuscript profile -
Open Access Article
31 - Reinsurance: taking advantage of internationalization opportunities in line with social security
Fatemeh Hashemi Jamshid Edalatian Shahryari Jalal Haghighat MonfareDue to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalizat MoreDue to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalization on the one hand and considering the effective role of reinsurance as one of the public policy tools in guaranteeing social security, this research is conducted with the aim of designing a reinsurance model to enter international markets. This study is practical in terms of its purpose, which was conducted with a qualitative approach in terms of its nature and form of implementation. The statistical population of this research includes 10 insurance industry experts who were selected using targeted non-probability sampling. The main tool for data collection was a semi-structured interview and a Delphi questionnaire to screen indicators. Content analysis method and MaxQuda software were used to analyze the obtained data. The results of qualitative analysis by Max Kyuda software showed that the dimensions and components of reinsurance model design in international markets include investment, international marketing, strategies, market development, internationalization, internationalization attitude, international entrepreneurship and entering international markets. Also, for these components, 48 indicators were finally approved by the experts. The results of the analysis of sub-categories of the research showed that the indicators of compliance with international obligations, clarification, welcoming ideas and creativity about circumventing sanctions, attention and importance to information technology, establishing favorable communications and introducing oneself at the international level are among the most have priority. Manuscript profile -
Open Access Article
32 - Financial crisis and profit smoothing technique
Behrooz Ghorbani mehrdad ghanbari babak jamshidinavid Alireza MoradiThe financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the MoreThe financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the financial crisis by applying the method of smoothing the profit and considering the effects of the variables of the positive accounting theory.This research is a semi-experimental analytical researchWhich is applied in terms of purpose and is classified as descriptive research. Data were analyzed using a sample of 144 listed companies in Tehran Stock Exchange,during the period of 10 years (2007 to 2016), the data were combined and the multivariate regression model was analyzed.The results of the first to third hypotheses indicate thatthere is no significant relationship between the lack of liquidity, the inability to fulfill obligations and the failure of the operation with the profit smoothingand the reason for this is that the companies did not pay much attention to the use of smoothing in the context of the financial crisis.There is also a significant and inverse relationship between bankruptcy and profit smoothingwhich shows that companies facing bankruptcy by smoothing the profits seek to improve the conditions of bankruptcy. Manuscript profile -
Open Access Article
33 - realization of distributive justice to eliminate poverty and deprivation; Commitment to the duty of the government or commitment to the goal based on Islamic principles
Kazem Aliyon Kheirollah Parvin Mostafa SerajiInvestigating government obligations is one of the important topics in the field of public law studies. The commitment to achieve distributive justice is also one of the duties and obligations of governments to eliminate poverty and deprivation in societies. In the syst MoreInvestigating government obligations is one of the important topics in the field of public law studies. The commitment to achieve distributive justice is also one of the duties and obligations of governments to eliminate poverty and deprivation in societies. In the system of the Islamic Republic, this type of commitment derived from Islamic teachings has become the governing spirit of the Constitution and the ultimate and essential goal of the government arising from it. Despite this, the evidence shows that distributive justice has not been realized not only in Iran's society after the Islamic Revolution; Rather, the occurrence of a deep class gap and the accumulation and monopoly of wealth and power will lead the society to decline and collapse? The problem is, what causes and factors have caused such anomalous conditions in the religious and revolutionary society of Iran? In response to the question raised, the findings of this research, which were obtained using the descriptive, analytical and argumentative method, show that the obligations contained in the Constitution of the Islamic Republic of Iran are often of the "obligation by means" type, that is, efforts To prepare the work without achieving the result, while the government's commitments will achieve the desired result when it moves towards "commitment to the goal". Manuscript profile -
Open Access Article
34 - Breach of Obligation to Provide Information in the Contractual Relations of Iranian-British Law
Shahram Ghasemi Seyyed Hekmatollah Askari Ranjbar Sahraiey MassoudRezaThe parties of a contract are required to express their available information to the other party. What is the legal nature of the obligation to inform, the fulfillment conditions and cases of its violation? The principle of good faith and the necessity of cooperation in MoreThe parties of a contract are required to express their available information to the other party. What is the legal nature of the obligation to inform, the fulfillment conditions and cases of its violation? The principle of good faith and the necessity of cooperation in contracts and agreements in creating a balance in the knowledge and position of the parties is the basis for the birth of this contractual obligation. The goal is to support the elimination of one-sided ignorance and establish balance and exchange justice. Based on the type of contracts, depending on whether we consider the obligation to provide information as an obligation by the means or the result, the violation of the obligation is of two types: positive (failure to express information effective in the conclusion or execution of contracts) and negative (failure to express information effective in the conclusion and execution of works). Divided and refrained from stating the facts, the civil liability of the contract is established based on the principle of full compensation for the damage and the balance of the position of the ignorant party against the world. Manuscript profile -
Open Access Article
35 - Obstacles and Requirements For the Implementation Of the Revolutionary Civilization System
ali mohseni shanbeh bazari saeed eslamee kamal pooladieGreat revolutions in order to build civilization need long-term strategies and plans in order to achieve the set goals and ideals, therefore, recognizing and analyzing the problems and obstacles facing revolutions along with the requirements for realizing these goals is MoreGreat revolutions in order to build civilization need long-term strategies and plans in order to achieve the set goals and ideals, therefore, recognizing and analyzing the problems and obstacles facing revolutions along with the requirements for realizing these goals is one of the important prerequisites for building civilization. Thus, investigating and understanding these obstacles and requirements, emphasizing the Islamic Revolution of Iran, is one of the goals of the present research. What are the obstacles and requirements in the civilization process of the Islamic Revolution of Iran? The hypothesis of the research emphasizes the existence of internal structural obstacles and external cultural obstacles in the path of civilization of the Islamic Revolution of Iran. In this research, a qualitative method with a descriptive-analytical approach was used in order to present a pathological writing about the obstacles and requirements facing the goals of the Islamic Revolution, based on the theory of Spragens Research Method" based on documentary and library methods, and the collection of materials through Many books and articles have been scanned. The findings have confirmed the claim of the research hypothesis and have shown that the Islamic revolution is facing various internal and external obstacles to achieve its civilizational goals.Keyword: Islamic revolution, civilization, civilization, obstacles, requirements, Manuscript profile -
Open Access Article
36 - A Study of Political Anomie among Iranian Students
مجتبی صداقتی فردThe main objective in this paper is to survey the level of political anomie among Iranian students using some theoretical Concepts such as: feeling of effectiveness on sociopolitical issues; sociopolitical trusts; and the feeling toward the rules and regulations. Theore MoreThe main objective in this paper is to survey the level of political anomie among Iranian students using some theoretical Concepts such as: feeling of effectiveness on sociopolitical issues; sociopolitical trusts; and the feeling toward the rules and regulations. Theoretical arguments, including Durkheim’s theoretical reflections on political anomie, are presented. Field survey is the applied method of collecting data through a researcher made questionnaire. Students of Islamic Azad University constituted the statistical population of this research. A sample of 350 respondents completed the questionnaire. Cluster sampling applied to the selection of students. Findings show that respondents suffer from political anomie at the rate of higher than average on a five points scale. Respondents also express low effectiveness on sociopolitical issues; their feeling of sociopolitical trust and civic obligations are average on this scale. Manuscript profile -
Open Access Article
37 - Surrogate Obligations in Civil Liability of Harmful Action with Comparative Study in the Jurisprudence and French law
alireza yazdanian alireza yazdanianIn civil liability, although today is talking about the collective responsibilities, But as a rule, the rule of Vezr (personal responsibility), prevents of exposure the liability to other. According to some jurists, sometimes the obligations arising from the contract wi MoreIn civil liability, although today is talking about the collective responsibilities, But as a rule, the rule of Vezr (personal responsibility), prevents of exposure the liability to other. According to some jurists, sometimes the obligations arising from the contract will extend to surrogate. Whereas with studying jurisprudential texts, this doubt is posed whether all obligations are transferred the promisor due to the surrogate obligation? And civil liability can also be extended to the surrogate or confined in the realm of rule of Vezr, that through a comparative study, it will be analyzed. Manuscript profile -
Open Access Article
38 - Reflection of Accuracy Rule on the Law and Jurisprudence
Ruhollah Kiani Seyyed Mohamad Sadegh TabatabaeiAccuracy rule is one of the most important items in the jurisprudence principles that has many usages and is used in all transactions(contracts and unilateral obligations), worships, speeches and beliefs. The accuracy rule is referred and used in the new and doubtable c MoreAccuracy rule is one of the most important items in the jurisprudence principles that has many usages and is used in all transactions(contracts and unilateral obligations), worships, speeches and beliefs. The accuracy rule is referred and used in the new and doubtable contracts such as conveyance of goodwill or key-money purchase insurance, or transfer of copyright or editing that the public conditions and proofs are exist. This rule not only has been taken into consideration in the legislation area, individual and social rights but also has been confirmed and emphasized as a governing rule in the ethic, individual and social customs and manners. It affects on living problems of the people and even prevents from system difference, distress and constriction. Therefore, we see that it has a noticeable reflection on the regulations and laws. It should be added that this rule is supported and aided by all sources of Islamic laws(Quran, Tradition, Consensus and Wisdom). In this text it is tried to discuss more about this item(accuracy rule)in the law and especially its effects and reflection, because it has been discussed less than the other issues. We hope that we can step forward in this way. Manuscript profile -
Open Access Article
39 - Exploring the Effects of Zeman Contract on the Parties Relations: A New Approach
mohammad mousavi mohammad mahriziLegal relations between creditor and debtor usually accompanied by the threat of whether the debtor fulfill the due payment or default. Therefore, accomplished creation of institutions as having the role of guarantee for the creditor, among which can name Zeman Contract MoreLegal relations between creditor and debtor usually accompanied by the threat of whether the debtor fulfill the due payment or default. Therefore, accomplished creation of institutions as having the role of guarantee for the creditor, among which can name Zeman Contract which is a subordinate kind of contract following the debt, through which an acquittal person accepts financial duty annexed to other. This paper by investigating theories proposed by jurisprudence and law scholars tries to first, introduce the best theory(Vertical Tazamon) seems to be the most suitable considering needs and problems of socio-economic life then explaining the pros and cons. Manuscript profile -
Open Access Article
40 - A Survey on the Bases and Conditions of Insolvency Option
Mostafa ElsanIn the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment MoreIn the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment of price and option of unfulfilled sale in part. Insolvency option is one of these rights which enacted for protection of the party who has to fulfill his promise or is willing to fulfill his contractual obligation. This legal option to terminate of contract is based on Islamic jurisprudence and predicted in the article 380 of Iranian civil code. In addition, there are articles in Iranian commercial code which relating to the right to retention or retaking of goods which loan or sold to bankrupted merchant. This paper has analyzed the subject in Islamic jurisprudence and Iranian related Acts. Manuscript profile -
Open Access Article
41 - The Sanction for Breach of Contractual Obligations in Detriment of Third Parties
Reza Fotohi Rad Seyyed Mohammad Ghaboli Saeed MohseniAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third par MoreAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third parties what action or actions they can to do to prevent the losses or to claim compensation of damages? This study after analysis of different aspects about this issue, has achieved to this consequence that in cases that the sole solution for the prevention of damages to the third parties is binding the promisor to specific performance of contract, using such solution by the third party does not face any barrier. Moreover, in the case of occurrence of damages to the third party, he/she can exploit some rules such as deception and causation to claim the damages from the promisor. Manuscript profile -
Open Access Article
42 - Judicial and Lawful Study of Timely Obligation Enforcement in Iran's Law
Abbas Moghadari Hekmatollah AsgariIn contracts law, the most important issue is the timely enforcement of contractual obligations whereas the violation of the contracts meets numerous punitive regulations. In Iran's law, the theory of specific performance is enforced that sometimes causes cases of injus MoreIn contracts law, the most important issue is the timely enforcement of contractual obligations whereas the violation of the contracts meets numerous punitive regulations. In Iran's law, the theory of specific performance is enforced that sometimes causes cases of injustice depriving it from its utmost efficiency. Regarding many exceptions to this rule including option of delayed payment of the price, violation of the terms of the contract, rent and farm leasing, one can inquire whether it is possible to grant the right of termination and specific performance to the other party in case the contract is violated. It appears that by resorting to the religious and civil law and in line with international trade legal system, the basis of this right could be established and strengthened. Manuscript profile -
Open Access Article
43 - Nature of the Reward
Farzaneh Ahmadi Alireza Amini Mohammad Reza AyatiVarious views have been expressed in the analysis of the nature of Reward. In this paper, the two main views of the mutual contract and unilateral obligation nature of Reward have been aimed to explain by referring to a few points. The supporters of the Reward consider MoreVarious views have been expressed in the analysis of the nature of Reward. In this paper, the two main views of the mutual contract and unilateral obligation nature of Reward have been aimed to explain by referring to a few points. The supporters of the Reward consider the agreement and acceptance of the worker as a condition for the realization of it. But, according to the view of jurisprudents -who chose the theory of being unilateral obligation of Reward - the acceptance of the worker does not have an effect on the offer (Ijab) of conductor and would not be considered as a pillar in this regard. These jurisprudents regarded being mutual contract of Reward would entail of ignoring the general rules of contracts. In return, some jurisprudents have also cited other ideas such as causation, interval between mutual contract and unilateral obligation, and being requirement of Reward. They believe that Reward is absolutely not a mutual contract or a unilateral obligation. In the midst of this difference of opinions, the present paper, investigating the nature of Reward, follows the theory of being requirement of Reward. Manuscript profile -
Open Access Article
44 - Investigating the security commitment of digital and software systems manufacturers in Islamic jurisprudence, Iranian and European subject laws
Seyed Mohammad Reza Hosseini Alireza mazloomrahni Alireza RajabzadehestahbanatiDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of def MoreDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose. Manuscript profile -
Open Access Article
45 - Jurisprudential and legal review of the additional condition as a review, especially in contracts
Amir Barani Amir KHajehzadeh Efat AhmadzadehThe contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part MoreThe contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part of the former contract and related to it, by means of a condition to be considered part of the former agreements. Ashhar's opinion in jurisprudence is that in order to adopt the basis for initial obligations, the additional condition is invalid. But in the legal system, due to the fact that the constituent element of the contract is the intersection of the will and the common intention of the parties, the additional terms are valid. This research, which was carried out in a descriptive-analytical method, shows that by analyzing what happens in the condition during the contract in the Islamic legal system and based on the customary understanding of the condition, it is possible to interpret the word condition as a related obligation; Therefore, what causes the establishment of a conditional relationship is the content relationship between two obligations, whether the condition occurs before the contract, during the contract, or after it. There are many examples of this type of conditions, which are sometimes confirmed by the text of the law and sometimes by judicial practice, which all indicate the validity of additional conditions. Manuscript profile -
Open Access Article
46 - Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations
Abdol Reza Mohammad Hosseinzadeh Hojat Azizollahi Mohammad Reza Rezvan TalabOne of positions with high social significance is judgeship which is considered as reference of obviating conflicts between people. In Islam religion, commissioning this position is obligatory for those who are competent. It is well known among jurisconsults that receiv MoreOne of positions with high social significance is judgeship which is considered as reference of obviating conflicts between people. In Islam religion, commissioning this position is obligatory for those who are competent. It is well known among jurisconsults that receiving fee for obligations is unlawful. For proving this illegality, Quran Ayahs have been adduced that citing them is not sufficient. Along with these ayahs, some traditions have been mentioned on remonstration of fee for judges who have introduced it hard and illegal, that these traditions may be considered warden on the judges who are appointed by oppressor sultan. In contrast, some for ordering the license of receiving fee for obligations have adduced reasons such as respecting Muslims action and predicating return reasons and invalidity of prohibition reasons which seem defendable. But since the current duty of judges of justice according to law is merely accommodating the claims with legal clauses, they could be called legal expert not legal judge, so in judicial aspect, receiving fee by them is treated permissible. The present study investigates these topics and concludes that receiving fee for judgment has no judicial barrier. Manuscript profile -
Open Access Article
47 - An Investigation and Review of the Juridical Interpretation of Heba: Subject of Article 915 of Civil Law of Iran
Hossein KaviarHeba (exceptional gift of an estate belonging to the first-born male) is one of the individualized issues of Shi'a jurisprudence. The Holy book, ring, sword, and clothes of the deceased are of the examples of Hebas that are freely and out of obligation given to the olde MoreHeba (exceptional gift of an estate belonging to the first-born male) is one of the individualized issues of Shi'a jurisprudence. The Holy book, ring, sword, and clothes of the deceased are of the examples of Hebas that are freely and out of obligation given to the oldest consanguine male child. In order for Heba to be transferred, four conditions must be met: lack of monopoly of heirloom to Hebas, Lack of debt in the heirloom, no will for premises of Hebas, not considering the heritage of the oldest boy. The relation of the oldest boy to the Hebas is as ownership. Therefore, it is obligatory for the heirs to pass the ownership of Heba to the oldest boy. The ownership of Heba is forcible and does not need the acceptance of the oldest boy. The civil law has concidered Heba in article 915. This article has many ambiguities about Heba and proper response should be provided with a consideration of jurisprudence in correspondence to time. The present research pursues the same objective. Manuscript profile -
Open Access Article
48 - Adapting the institution of predictable breach of contract with the extended concept of obligation in the principles of jurisprudence.
Abbas Mirshekari amir javadiThe theory of foreseeable breach of contract refers to a situation in which one of the parties, despite his observations and calculations, cannot reasonably wait for the other party to execute the contract. This theory is relevant in contracts that are subject to a cert MoreThe theory of foreseeable breach of contract refers to a situation in which one of the parties, despite his observations and calculations, cannot reasonably wait for the other party to execute the contract. This theory is relevant in contracts that are subject to a certain period of time. In Iran's legal system, the theory of foreseeable breach of contract is not explicitly accepted, even in certain articles, it is practically not possible to propose such a theory. But since speed and security are one of the main elements in commercial contracts, the design of this theory in Iran's legal system allows the obligor not to wait for the obligee to fulfill his contractual obligations in case of excessive delay, and by planning this type of violation, he can have a suitable time to compensate for the lost time. Although there are obstacles for proposing this theory in every legal system, its acceptance can be much more practical. In the principles of jurisprudence, in a topic entitled extended obligation, it is mentioned to perform the duty within a certain period of time, and the basics of this obligation can be used in the theory of predictable violation. The most important question that we are trying to answer in this article is with what tool the theory of foreseeable violation can be justified in Iran's legal system. By providing this goal, we have progressed from the origin of this theory to its legal analysis. Manuscript profile -
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49 - A study of the employees’ obligation role in the relationship between abusive supervision and their innovative self-efficacy
Rahmatollah Marzooghi Elham HeidariA study of the employees’ obligation role in the relationship between abusive supervision and their innovative self-efficacy. The research method was correlational descriptive, using structural equations model. The sample included 214 employees of Fars Regional El MoreA study of the employees’ obligation role in the relationship between abusive supervision and their innovative self-efficacy. The research method was correlational descriptive, using structural equations model. The sample included 214 employees of Fars Regional Electricity Company, who were selected by random sampling method. The basic tools of this research included abusive supervision (Tipper, 2000), employees’ obligation (Schaufeli et al, 2006) and employees’ innovative self-efficacy scale (Tierney & Farmer, 2000; Dörner, 2012 which had good reliability and validity. Findings indicated that abusive supervision had a negative and significant effect on employees’ engagement. In addition, employees’ obligation had a positive and significant effect on innovative self-efficacy and had a mediating role in the relationship between abusive supervision and employees’ innovative self-efficacy. Manuscript profile -
Open Access Article
50 - Examining the role of trust (interpersonal and institutional) in citizens’ commitment to civic duties and obligations in Kerman city
Alireza Sanatkhah Mohamad Jalal Kamali Navid Fatehi Rad Zahra Mirzaee -
Open Access Article
51 - The impacts of Donald Trump's policies on the fulfillment of the American Dream in international system
Mohammadreza Asl Javadian Arsalan Ghorbani Sheikhneshin Seyed Ali Tabatabaei PanahSince Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in MoreSince Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in the world. This paper tries to explain the repercussions of the Trump administration's measures on the "American Dream" at the global level through an explanatory formative method. The question of the paper focuses on the impacts of Donald Trump's policies on the fulfillment of the "American Dream" in international system. It is hypothesized that by disregarding the multi-polar order which governs the international relations and also the US withdrawal from international treaties and obligations, the "American Dream" is weekend and has diminished US position in the international system. The results show the Trump administration in the dimensions of multilateralism include; Abandoning international law and establishing unilateralism, NAFTA reform, withdrawal from the Paris Agreement, Trans-Pacific Partnership, and JCPA, review of coalitions, alliances and military commitments, disregard for liberal economic values, review of security commitments India and the Pacific, etc., undermined the American dream. Manuscript profile -
Open Access Article
52 - An analysis of social factors associated with business value orientation among traditional shopkeepers (bazari) of the city of Esfahan
Hassan Saghafian Mansour Haghighatian Shapour BehyanThe present article provides an analysis of social factors associated with business value orientation among traditional shopkeepers (bazari) of the city of Esfahan. On the basis of theoretical framework and previous research, 5 social factors were identified as the main MoreThe present article provides an analysis of social factors associated with business value orientation among traditional shopkeepers (bazari) of the city of Esfahan. On the basis of theoretical framework and previous research, 5 social factors were identified as the main independent variables and their influence on business value orientation of traditional shopkeepers was studied. These factors were professional obligation, generation obligation, work ethics, media usage, and socioeconomic status. The research method was survey and research population consisted of all those who had business activities in Esfahan. 524 of Esfahani bazaris were selected through a multi-step cluster sampling technique. The findings showed that all the independent variables could explain 32 percent of the variance in business value orientation. When independent variables were considered separately, it was found that only the variable professional obligation was significantly related to business value orientation. Manuscript profile -
Open Access Article
53 - Developing a pattern for determinants of Attitude and Intention Adoption towards Islamic Financing in Tehran Stock Exchange
Mohammad Reza Radfar Mansoureh AligholiIslamic finance includes all operations, services, as well as transactions that take place in the financial markets and are in accordance with the principles, rules and laws of Islam and the Holy Sharia. This study aimed to develop Determinants of Attitude and Intention MoreIslamic finance includes all operations, services, as well as transactions that take place in the financial markets and are in accordance with the principles, rules and laws of Islam and the Holy Sharia. This study aimed to develop Determinants of Attitude and Intention towards Islamic Financing Adoption in Tehran Stock Exchange. The research was applied based on the purpose and descriptive-survey in terms of method of work. The statistical population of the present study includes investors active in the capital market and familiar with new Islamic financing instruments, especially managers and traders of stock exchange companies. For the mentioned unlimited community, a sample of 384 people was selected by available sampling method and a questionnaire was used to collect research data. After confirming the validity and reliability, the questionnaire was distributed and collected among the statistical population and the obtained data were tested. The results reveal that all determinants of attitude include Knowledge and Awareness, Religion obligation, Cost benefits, Business support & Reputation are significant and the relationship between Attitude, Subjective norms & Perceived Behavioral Control with Intention to adopt Islamic financing was confirmed. Manuscript profile -
Open Access Article
54 - Jurisprudential study of "objective obligation and sufficiency of Hajj" in the context of the Corona epidemic
Azam Ramezani AbbasAli Heydari Mahmoud GhaumzadehThe massive annual gathering of Muslims from all over the world to perform the Hajj is the largest religious ceremony in the world. There is not much knowledge about its origin, but it has affected human life on a large scale. Due to the necessity of Hajj and the import MoreThe massive annual gathering of Muslims from all over the world to perform the Hajj is the largest religious ceremony in the world. There is not much knowledge about its origin, but it has affected human life on a large scale. Due to the necessity of Hajj and the importance of not leaving the Kaaba empty of pilgrims, the ruling on the existence or provision of a means as a condition for the obligation of Hajj is not very clear for the obligees. This has been the case; therefore, the study of "Analysis of the explanation of the global corona epidemic and its effect on the Hajj with a jurisprudential approach" which is an emerging disease is an issue that needs to be explored until a worthwhile response stage. Lack of security in the field of health in the land of revelation and the path leading to it to perform Hajj rituals, will make the obligated people unable to afford it and ultimately Hajj will not be obligatory for them. Manuscript profile -
Open Access Article
55 - Examining the doctor's responsibility in surgery by looking at jurisprudence
mohammadkazem rostami kafaki ebrahim yaghoti amrollah nikomaneshThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on t MoreThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on this, most of the jurists have justified the doctor's responsibility by relying on these two rules. The result of this is that the doctor is responsible in any case if he is responsible for harming the patient, whether it is prescribing the wrong medicine, or negligence in surgery, etc. It is known, and in case of incurring a loss, he is liable only in the case that he is at fault.According to the review of the historical course of the approved laws regarding the responsibility of the doctor in Iranian law, according to the Penal Law of 2012, if the doctor is not at fault in knowledge and action, there is no guarantee for him, even if he has not been acquitted (Comment 1, Article 495); In fact, the new penal law has accepted the basis of guilt. This is despite the fact that before this, the doctor was the guarantor of any damage caused to the patient during the treatment, even if he did not commit negligence. Manuscript profile -
Open Access Article
56 - Analyzing the role of credit containers in regulating financial legal relations With a comparative study of Shia jurisprudence and the legal system of Iran and France
ali shariati mehr ebrahim abdipoor ebrahim delshad Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to t More Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to the general topic of "property" in the first volume. However, the topics related to the rights of obligations, contrary to being separate in the Roman-Germanic system, are included under the title of "contracts, transactions and requirements" as well as "claiming contracts" despite being modeled on jurisprudence and with the aim of combining the two systems, under the general title of "property". are The present research aims to introduce and place credit containers in realizing the effects of financial legal relations.Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: From the point of view of subjectivity, ordering the financial legal relations of individuals in jurisprudence is explained by the two credit containers of "liability" and in the western system, these relationships are regulated by the credit container of "property".For this reason, the philosophy of creating credit vessels, in addition to the mentioned case, is to create minimum dependence of property on individuals and also to give it authenticity in order to facilitate the demand and transfer from one person to another. Therefore, in order to combine property rights and obligations rights, the civil law has established some kind of communication and interaction between credit vessels in order to regulate financial legal relations. Manuscript profile -
Open Access Article
57 - The scope of party's obligation in reaching result in renegotiation in international petroleum contracts
ahmadreza asaadinejad abdolhosein shiravi Mehdi Montazer Kourosh jafarpourField and Aims: In long-term oil and gas contracts, in order to avoid the disruption of the contractual balance during the long-term implementation of the contract, the condition of renegotiation is foreseen so that by re-negotiating the conditions and how to implement MoreField and Aims: In long-term oil and gas contracts, in order to avoid the disruption of the contractual balance during the long-term implementation of the contract, the condition of renegotiation is foreseen so that by re-negotiating the conditions and how to implement the contract, the disturbed balance will return to the contract. Although the concept of renegotiation, its structure and dimensions have been examined by other researchers, the question has not been answered that whether the inclusion of a renegotiation clause in oil contracts means obliging the parties to reach an agreement? To put it better, renegotiation is usually a commitment to the means or a commitment to the result?Method: This article is written in a descriptive-analytical way.Findings and Conclusions: The inclusion of renegotiation should not be considered merely a formal and formal act, because the purpose of including such a condition is to restore balance to the contract without the need to refer to the judicial system, so if reaching an agreement is not an obligation for the parties to the contract, basically The inclusion of such a condition lacks binding power and simply becomes a time-consuming and futile act, especially when the parties insist on their positions. The results of the studies of this article show that renegotiation is usually a commitment to the result, and the parties should reach an agreement regarding the dispute between them by resorting to such a condition and by observing the good faith of the contract. Manuscript profile -
Open Access Article
58 - Evolution of States' obligations in protecting biodiversity in international open waters
Pegah Nik Far Lialestani Hasan Savari Mohammed Hussain ramezani Ali MashhadhiField and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the n MoreField and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas.Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner.Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever. Manuscript profile -
Open Access Article
59 - International Responsibility of Greece and The United States of America for Seizing the Oil Tanker of The Islamic Republic of Iran
Mohamad Setayeshpur Moein SaadiField and aims: following the seizure of the oil tanker of the Islamic Republic of Iran by Greece, which took place on the orders of the US Department of Justice, international responsibility is realized. The two elements of attribution and breach of obligation, which a MoreField and aims: following the seizure of the oil tanker of the Islamic Republic of Iran by Greece, which took place on the orders of the US Department of Justice, international responsibility is realized. The two elements of attribution and breach of obligation, which are elements of creating international responsibility, are evident in relation to the actions of two states. On the other hand, the retaliatory action of the Islamic Republic of Iran can be justified according to the provisions of the international law of the seas and also based on the assumption of the claims made by the Greek government in the context of the retaliatory action. The consequences of the international wrongful act carried out by Greece and the U.S.A. should also be stopped and compensation for the damages should be paid in full to Iran.Method:The present research was carried out using a descriptive-analytical method. Finding and conclusion: In the case of the seizure of the oil tanker known as Lana, which used to operate under the name of Pegas and was carrying an oil cargo belonging to Iran, the Greek government illegally seized the ship while it docked in the coastal waters of Greece and then transferred its cargo to the American ship at the request of the US Department of Justice. The international wrongful act is considers as a breach of international obligation of Greece and the United States of America which causes the international responsibility of both states. Manuscript profile -
Open Access Article
60 - The International Obligations and Responsibility of States for Access to Treatment and Vaccines for Emerging Global Diseases; Study Case: Covid-19
shahin Mozaheri Jebeli mohsen mohebi mohamadreza alipoorField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law MoreField and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law in the international community. In this regard, he first discussed the nature of human rights, the right to access medicine and vaccines, and examined the obligations and role of international community cooperation in dealing with and controlling global diseases, including Covid-19, and then examined the international responsibility of governments towards Violation of obligations related to access to treatment and vaccines for global diseases for people under their sovereign authority has been discussed and subsequently the international responsibility of governments in the field of dealing with newly emerging diseases, including Covid-19, is discussed. Method: The present research has been scrutinized, analyzed, and investigated using a descriptive and analytical method based on documentary studies with a survey tool. Findings and Conclusion: International Health Regulations (2005) along with some rules of the Agreement on the Application of Sanitary and Phytosanitary Measures (1994), the core of the obligations between international organization of governments to control and deal with global diseases, including covid-19, and on the other hand, paying attention to the importance of the cooperation of governments in dealing with global diseases, commitment It is against the international community and neglect and negligence on the part of the governments in this field, including treatment, Manuscript profile -
Open Access Article
61 - Comparative comparison of women's convention with women's human rights in Iran's domestic laws
masoumeh ramezani tahere ebrahimifar Ardeshir SanaeiThe current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descri MoreThe current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descriptive method, and aims to answer the question that the Women's Convention and Also, what is the approach of Iran's domestic laws to women's human rights and how have the examples of these rights appeared in the aforementioned legal sources? The findings of this study indicate that legal conflicts in the fields of citizenship, women's residence and housing, family rights, cultural rights, right to employment, right to inheritance, political rights (right to be elected), legal capacity, equality before the law and so on.It can be seen between Iran's laws and the provisions of the Women's Convention, which is mainly due to differences in interpretations and the existence of some legal ambiguities; These conflicts have caused the Islamic Republic of Iran not to join the United Nations Convention on Women, and this non-adherence has fueled claims that this country is a "violator of women's rights"; However, the claim raised has not had a significant legal basis and influence in international forums and courts, but what is trying to make this claim appear more legal are political bases and factors such as the influence of the West against Iran, a political and selective approach to the category. Human rights in Iran are anti-Islamism and the West's stubbornness towards Iran, Manuscript profile -
Open Access Article
62 - Breach of U.S Extraterritorial Obligations through Unilateral Economic Sanctions against Iran and Competence of International Human Rights Bodies
Amir Maghami Ali Akbar Jafari NadoushanUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. MoreUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. The present descriptive-analytical paper shows that these sanctions violate extraterritorial commitments to respect to human rights and international cooperation by US. Among international human rights organizations, the Human Rights Council has the authority to hear them through Universal Periodic Reports (UPR) procedure or through special procedures. The council can also address individual complaints about human rights violations due to sanctions, in which case, in addition to the US government, third-party States with international Responsibility can also be sued. The competence of other international human rights organizations and even the International Criminal Court (in terms of the relationship between crimes against humanity and human rights) is further assessed. Manuscript profile -
Open Access Article
63 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam MoradiThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the MoreThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile -
Open Access Article
64 - Study the bases of obligation for damages remedies and methods for determining and repairing the damages due to the void transactions
Mohsen Anari Mozaffar Bashokooh Alireza Lotfi DodaranWith the damage to one of the parties to the transaction due to the invalidity of the transaction concluded between them, it comes to mind how this damage caused by the invalidity of the transaction should be compensated in order to put the Damaged in a situation before MoreWith the damage to one of the parties to the transaction due to the invalidity of the transaction concluded between them, it comes to mind how this damage caused by the invalidity of the transaction should be compensated in order to put the Damaged in a situation before the transaction and the compensation is removed.There are several methods of repairing damages caused by void transactions and each of them has its own conditions, advantages and disadvantages And each of these methods has theoretical bases, jurisprudential bases and legal bases. Determining the amount of damages is either by the court or by law.Compensation methods include of the traditional methods and modern methods. Traditional methods include of object, similar to original, cash, moral compensation and payment of cognizance. New methods also include of binding on provisions of a void transaction, correcting or converting a void transaction, paying daytime value in exchange for the transaction, paying contractual value, and paying damages by insurance and the government.In the present article We try to study the principles and methods of compensation in a descriptive-analytical and library study. Manuscript profile -
Open Access Article
65 - Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law
Pari khaledi Bahareh ShafieiIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of MoreIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading. Manuscript profile -
Open Access Article
66 - Synthetic Collateralized Debt Obligations and Kth to Default Swaps Valuation Using Copula Model
Alireza SaranjIn this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this rese MoreIn this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this research, I analyze the effect of different hazard rates and different default correlation between each pair of names on the spread to buy protection for multi-name credit products. The findings in the valuation of a tranche of a CDO show that if the correlation is low, the junior equity tranche is very risky and the senior tranches are very safe. As the default correlation increases, the junior tranches become less risky and the senior tranches become more risky. The valuation of kth to default swaps also shows that as the hazard rate increases, the spread of all swaps increases. Also, increasing the correlations between all firms while holding the hazard rate constant lowers the cost of protection in kth to default CDS if k is small and increases it if k is large. Manuscript profile -
Open Access Article
67 - One Common Way to Deny the Validity of an Arbitration Agreement is to Invalidate the Original Contract or to Terminate theOriginal contract
mehdi asgharimoghaddam مصطفی ماندگار مصطفی السانOne common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is inva MoreOne common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is invalid or Since the original contract has been terminated, the arbitration contract must also be considered as terminated and as a result the arbitrator is not competent to deal with the dispute. If a transaction is terminated as a result of termination or cancellation and as a result of the original of the transaction or contract it is dissolved, the foreseeable arbitration clause will, like all other obligations and conditions, be void unless the parties to the dispute Going to the principle of a contract or transaction and terminating the validity of a dispute may be disagreed that it must be treated in accordance with Article 636 of the Old Civil Procedure Code. And the mere insertion of an arbitration clause in a contract that has been terminated or annulled is not an obligation for the court to refer to arbitration. In the present study, the author attempts to investigate the ambiguities in the arbitration terms and the effect of claiming the termination of the contract on the arbitration condition, as well as to find legal vacancies around it using a descriptive-analytic method. Manuscript profile -
Open Access Article
68 - Criticism of a poetic test (commitment of the Shotor-Hojreh)
Mohammad Hadi Khaleq zadehAdherence is one of the literary techniques that, according to critics, can create beauty as well as cause extreme fabrication. The obligation in this research is the repetition of one or two words in each verse or stanza that the poet obliges him to mention from the be MoreAdherence is one of the literary techniques that, according to critics, can create beauty as well as cause extreme fabrication. The obligation in this research is the repetition of one or two words in each verse or stanza that the poet obliges him to mention from the beginning to the end of the sonnet, ode or fragment. The previous researchers have written "Shotor- Hojreh", the name of an ode by a Katebi Torshizi who has used two possible words "Hojreh" and "Shotor" in each verse, and many poets have imitated and followed him, but the reality It is that before Katebi, this type of poetic test, with two words that are incompatible with each other, such as "Shotor" and "Hojreh", had a history, and many poets up to the era of Qajar and Pahlavi put their taste under the torture of difficult commitments like this. have given In the current research, which was conducted in a library format, this researcher faced the question of which poets followed these difficult commitments and what other words were added to it until the era of Qajar and Pahlavi? Manuscript profile -
Open Access Article
69 - The General Condition of “Power Over Submission” from the Viewpoint of Imamiyah Fiqh and Iranian Law
Seyed Amir Mahdi Amin سیدحسن شبیری زنجانیThe concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, MoreThe concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator. Manuscript profile -
Open Access Article
70 - Basics of determination of liability in Iranian law
alireza ghanbari Abdolrasul DayyaniThe condition of the obligation is the amount that the obligee pays for breach of contractual obligations, non-performance or delay in its fulfillment. The aforementioned condition has a dual nature in Iran's legal system. Deterrent description and compensation for brea MoreThe condition of the obligation is the amount that the obligee pays for breach of contractual obligations, non-performance or delay in its fulfillment. The aforementioned condition has a dual nature in Iran's legal system. Deterrent description and compensation for breach of covenant and partial compensation for damage. In this research, it is explain the basics of determining the obligation in three categories: moral, Islamic juridical and legal, and social. The condition of the deposit is the factor of guaranteeing the fulfillment of the obligations and the stability of the contracts, and, it includes the partial compensation of damages. Rationality and equal freedom, preferring pure responsibility, guaranteeing the contractual rights, impact on organic contractual solidarity, impact on mutual action based on the purpose of exchange and value, providing the principle of necessity and compensation. The condition of obligation in Islamic jurisprudence has no precedent. The jurisprudential institution of bailment and sale of al-Arabun and the like are different in natur and can only be adapted in the form of an agreed damage condition. After examining the aforementioned principles, this article tries to find out how the institution of the obligation in the form of the terms of the contract has been adapted to the jurisprudence sources and the civil law of Iran, and which of the two criminal or compensatory natures the Iranian legislator has chosen for this condition is in mind. Also, the legal institution of obligation in Iran's legal system can be based on which social foundations. Manuscript profile -
Open Access Article
71 - Abstract Investigating the possibility of adjusting contractual obligations in Iran's jurisprudence and law with regard to public order
Saman Askari Sara Adibi Sedeh Behroz Majdzadeh KhandaniThe main purpose of concluding any contract is its implementation. After concluding the contract, the first issue that arises is; It is possible to implement it. Obligation, which is interpreted as a condition of damages, liquidated damages or contractual damages, and s MoreThe main purpose of concluding any contract is its implementation. After concluding the contract, the first issue that arises is; It is possible to implement it. Obligation, which is interpreted as a condition of damages, liquidated damages or contractual damages, and sometimes it is also called a penal condition, is an agreement by which the parties agree on the amount of damages that must be paid in case of non-performance of the contract or causing a loss. They determine in advance. In this research, which has been carried out using a descriptive and analytical method, it has been considered to examine the possibility of contractual obligations in Iranian law with regard to public order. The findings of the research show that the deposit in the contracts where the subject is cash, which is called the damage of late payment, is legally permissible, but the deposit in the contracts where the subject is the fulfillment of the obligation or the abandonment of the present, which there is no problem in its legitimacy. Adjustment is prohibited. Although the approach of different legal systems in dealing with the adjustment of the contractual obligation is different, but when the amount of contractual damages is unrealistic and unfair, it can be ruled invalid based on public order. Manuscript profile -
Open Access Article
72 - The Liability of the Guarantor Regarding the Damage of Payment Delay in case of Bankruptcy of the Main Obligor
karim noormohamadi Reza Partovizade BenamOne of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this de MoreOne of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this delay. The obligor must compensate for the damages caused by the delay. If this obligation is common, the legislator has proposed the term "damage for delay in payment" regarding the bankruptcy of the obligor and the obligations of the guarantor and has made it subject to special conditions. The issue of late payment damages is one of the topics that has been raised in the field of jurisprudence and law, and in terms of discovery, it has brought with it many developments and legal positions from jurisprudence and legal authorities. On the one hand, it is very difficult to ensure economic order in today's world, without taking into account the delay penalty, and on the other hand, the suspicion that the said legal institution is against Sharia and the necessity of matching the legal regulations with the provisions of the Holy Sharia based on the fourth principle of the Islamic Republic Constitution. Iran demands more exploration around the mentioned issue. Manuscript profile
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