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Open Access Article
1 - An Evaluation of Feasibility of Consensualization of the Effects and Rulings for Dissolution of Marriage from the Perspective of Islamic Jurisprudence and Iranian Legal System
Seyedeh Tahereh Seyed Naseredini Ebrahim Yaghouti (Corresponding Author) Zahra FehrestiIn consensual divorce, the husband and wife can agree on matters such as Mahriyeh, alimony, dowry and custody of children and then separate. In addition to the custody of the children, they must also agree on the meeting of the children with their parents after the divo MoreIn consensual divorce, the husband and wife can agree on matters such as Mahriyeh, alimony, dowry and custody of children and then separate. In addition to the custody of the children, they must also agree on the meeting of the children with their parents after the divorce. In the evaluation of feasibility of agreeing on the effects and rulings of marriage dissolution, the main question is whether what is agreed upon is a right or a ruling or both? In fact, there are cases where the ruling or their rightness is doubtful. If the example in question is a ruling, it is not possible to agree against it, but if it is a right, it is possible to agree against it, and if the right is shared by both parties, the prevailing aspect of the ruling or the right must be clarified Manuscript profile -
Open Access Article
2 - Different Approaches for the Implementation of International Environmental Law in the Domestic Law of selected Countries with a review of the Iranian Legal System
azam parandeh motlagh shirin shirazian ali zareThe enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this MoreThe enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this regard, Article 9 of the Iranian Civil Code has provided a solution for implementing international treaties. However, in addition to its interpretation, it could not be applied to other international law sources such as international customary law or decisions of international courts. This article aims to examine the different approaches to implementing international environmental law in the domestic law of countries with a view of the Iranian legal system. Based on an analytical approach and an inductive approach, this study also considers possible legislative solutions for effective international environmental law enforcement in Iran. Investigations and studies of this research have shown that there are credible legal capacities in the Iranian legal system for effective enforcement of international law despite legal uncertainties and enforcement constraints. At the same time, it is necessary to enact laws and regulations to clearly explain the relationship between Iranian domestic law and international customary and contractual obligations. Manuscript profile -
Open Access Article
3 - Divorce and its Conditions of Validity in Qur'an and Civil Law
Ezzatollah Barkhordari"Divorce" is a formal unilateral and is valid only in a permanent marriage and does not apply in a sporadic marriage. Divorce is of signed decrees and not a founding one. Divorce is a right reserved for men, and the sharia and civil law do not recognize such a right for More"Divorce" is a formal unilateral and is valid only in a permanent marriage and does not apply in a sporadic marriage. Divorce is of signed decrees and not a founding one. Divorce is a right reserved for men, and the sharia and civil law do not recognize such a right for women for no reason. it is a non-financial right and cannot be transferred or revoked. Islam religion has approved divorce and several Verses in Qur'an in Baqara, Nesaa’, Ahzab, Tahrim Surahs have been dedicated to it. The Civil Code also provides articles for divorce. Divorce has four basic elements: the divorcee, the divorced woman, the form of divorce, and witnessing the form of divorce. All (mentioned) elements must be present and each must have its own conditions for a divorce to be valid, otherwise the divorce will not take place and will be void. Manuscript profile -
Open Access Article
4 - Familyism in Constitution of Islamic Republic of Iran Inspired by Quranic Doctrines
Mohammad Reza Kiyan Poor Ali Akbar Gorji Bakhtiyar NasiriThe constitution is considered as fundamental document that contains people’s rights and liberties that is inspired by the Quranic doctrines; paying attention to development and establishment of family have been disregarded from lawyers’ viewpoint and princi MoreThe constitution is considered as fundamental document that contains people’s rights and liberties that is inspired by the Quranic doctrines; paying attention to development and establishment of family have been disregarded from lawyers’ viewpoint and principles such as principle No. 10 of constitution obliges the government to plan in order to facilitate, form and consolidate the foundations of the family and preserve its sanctity. Of course, although the family is a private realm, some decisions about it have social dimensions. In such cases, the support of the legislature and lawmaker is necessary. Obviously, this support should never lead to interference. Manuscript profile -
Open Access Article
5 - A Research on Arabic Terms in Nominated Contracts of Iran's Civil Law
Bahram Dehghan Rasoul AbafatIran's laws are originated from the spirit of Islam and the high frequency of applying Arabic terms and words is clear to everyone. Civil law is one of the most important laws which contains lots of Arabic terms. The author of the present study, surveys the Arabic terms MoreIran's laws are originated from the spirit of Islam and the high frequency of applying Arabic terms and words is clear to everyone. Civil law is one of the most important laws which contains lots of Arabic terms. The author of the present study, surveys the Arabic terms in civil law because of their importance position as a MA student in private rights and selects some of terms in accordance with their importance and frequency. One of the achieved outcomes is the readers' lack of knowledge on some words, their structure and pronunciation which may result in making mistake in telling the correct form of the term or word. Manuscript profile -
Open Access Article
6 - Semantics of Guarantor's Contract by Approach of Rejecting Conflict of Clause 698 of Civil Law and 403 of Trade Law
Raziyeh Amini Hossein Nasseri Moghadam Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in More Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in positive laws and it creates opposition among law clauses. Analyzing this subject and discovering intrinsic nature of guarantor's contract can solve conflict of these two law clauses. This article aims to solve opposition by analytical way to check great Imamiah and Sunnite jurist's ideas and evaluate reasons. In addition to rejecting consensus, one of the discussion results is this fact that reasons which Farighin presented to prove their ideas are strong and weren't established their verdicts; hence one can say that nature and essence of guarantor's contract has not suitability of charge transferring nor attachment has charge, but intrinsic necessity of this contract is creating charge; nevertheless, accepting each of these two verdicts while contracting and agreement, can be correct. From legal view, guarantor is civil discussion and its content is completed in trade law and doesn’t devote to trade law, but is complement of civil law. Manuscript profile -
Open Access Article
7 - A Study of the Position of Children’s Educational Rights in Islamic Jurisprudence and Civil Law
Jvad Sarkhosh somayeh NavianOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are MoreOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are still greatly-felt shortcomings in regard to children’s educational rights. For instance, lawmakers have specified no educational rights for fetus before it is actually born as a child, and considering the after-birth period, they have solely sufficed to the application of two legal articles, namely 1178 and 1104 articles, in a vague and brief way. This is as Islam, as a religion, has not only legislated special educational rights for the fetus actually in three phases of before the marriage of parents, before conception, and before the birth of the child, but also has explained several special educational rights for the after-birth period that lawmakers should include in their child protection laws. Manuscript profile -
Open Access Article
8 - Conditions and effects of electronic registration of documents and real estate in the legal system of Roman Germany and Common Law
Mehrdad Konani Bakhtiyar Abbasloo Mohammad BahmaniField and Aims: Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have ma MoreField and Aims: Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have many works. This transformation is visible in various legal systems, including the civil law legal system and the common law legal system. Accordingly, in this article we will examine the terms and effects of electronic registration of documents and real estate in the Iranian, French, UK and US law system.Method: This article is written in an analytical-analytical method.Finding and Conclusion: Although the document has a long history, it has evolved with the advancement of document registration technology and today there is a new form of registration called electronic registration. The use of new communication methods and new communication and information technologies for recording documents is called electronic document recording.The electronic registration of documents has some effects, including the validity of the contents of electronic documents, the validity of electronic evidence against individuals, the necessity of the execution of an electronic official document, its enforcement effect in judicial authorities and de-judgment. Registration of documents in the English legal system has a long history and electronic registration of documents has also taken a new form using blockchain technology. In English law, the principle is that all immovable properties can be registered by private individuals, unless these properties belong to the Queen or are considered public properties like national parks, mountains, forests, etc. If a property is not registered in England, but is sold, or comes to the owner through a gift or will, or the owner mortgages it, in this case, the property must be first registered, and to prove the applicant's ownership, documents such as a purchase deed must be submitted. The property should be presented. In this system, as in Iran's legal system, in case of presenting a claim contrary to the presentation of a normal document, what is important is the record of the document's registration, and contrary claims cannot be made. In Iran, the electronic registration and filing of documents has been established since 2005, and in the United States, since 2017, the electronic registration system of transaction documents in the United States has evolved with the emergence of smart contracts. Manuscript profile -
Open Access Article
9 - An analysis of the status of precedence over necessity in the execution of contracts in Iranian law and Islamic jurisprudence
abdolkarim golgoun هرمز اسدی کوه باد Mohammad rasoul AhangaranThe principle of necessity in contracts means that people adhere to their obligations and agreements and consider them to be respectable and enforceable. The legislator has also introduced these common principles and rules under the title of "General Rules of Contracts" MoreThe principle of necessity in contracts means that people adhere to their obligations and agreements and consider them to be respectable and enforceable. The legislator has also introduced these common principles and rules under the title of "General Rules of Contracts" and reviewed them. The first principle that the legislator has addressed in these materials is the principle of necessity, which is interpreted as "asala allozoom" in jurisprudence. Despite the statement of the legislator and also the contract parties regarding adherence to the contract, sometimes this adherence to the provisions of the contract causes some or all of the contract parties to suffer severe problems or bear unusual losses, in such a way that the implementation The contract is impossible for the person or incurs irreparable damage. It is in this case that there is a conflict between the principle of necessity and the circumstances of the accident, which is the rule of lahraj. In this research, which is analytical and descriptive, in this particular situation, which principle and rule has the right of priority is examined, and presenting the rule based on multiple principles is introduced as the achievement of the research. On the one hand, in the reconciliation of the jurisprudence between Imamiyyah and Sunni jurisprudence, the difference between some Sunnis and Imamiyyah includes the absence of the rule of the principle of necessity on the Ma'atati contract, and on the other hand, the opposite of this opinion, the lack of rule of necessity on the principle of necessity up to the point of not having the effect of the right resulting from termination in Majlis and... are essential for the government. Manuscript profile
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