List of Articles performance guarantee

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence
  Raziye Fakharzade Abbasali Roohani eftekhar rDaneshpoor
  The issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic relig More

  The issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic religions believe that expediency is conditional on the actions of the guardian over the property.Because the ruling on the necessity of the expediency of the guardian's actions towards Molly against himself is governed by the ruling on the permission of all the guardian's possessions in Molly's affairs against himself. Therefore, if the expediency of child marriage is not observed, there are two views; Some believe in the existence of the right of termination for the child at the time of eligibility and some believe in the invalidity of marriage. The theory of invalidity is more correct from the perspective of this research. Also, in order to maintain the envy of the child in this marriage, it is suggested to the legislator to present the certificate of the expert board to determine the existence of expediency in this marriage instead of examining the expediency. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - The nature of intellectual property in Iranian and Islamic law
  Ali Taghipourian
  Intellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property More

  Intellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property has created a special place for itself, along with tangible properties, and on the other hand, its financial and spiritual value has also played a significant role in raising its status, and finally these factors have led to the formulation of many laws regarding intellectual property, which are the result of intellectual property. On the other hand, it is necessary to mention that intellectual property is divided into two branches, intellectual property and industrial property, and each of them has seen its own field and legal development, and the dependence of countries on each other and their commercial relations cause the increasing development of intellectual property in countries, has become. As a result, it should be noted that the traditional division of financial rights into objective rights and religious rights has been changed in new and contemporary laws, and intellectual property rights have been added as the third category of financial rights. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - Guarantees of Unfair Conditions in Additional Contracts; Studying the Legal System of England and Iran
  ali akbar garosi Mohammad Reza pirhadi
  The Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party More

  The Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party is forced to accept this predetermined order without the right to change or modify its provisions. Unfair contract is a situation where the strong side of the contract misuses its position and imposes one-sided and unbalanced conditions on the other. Although in principle the conclusion of an extension contract is based on the principle of sovereign will and indisputable approach, namely "contractual freedom", but today in the legal system of Iran and the United Kingdom, like most legal systems in the world, it has lost its former footholds. The provision and the imposition of unfair terms on Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  4 - the couple during Re-examination of the requirement and effects of the condition of non-remarriage of the marriage contract based on the rule of will
  seyedeh masomeh miri gorji
  can include in the marriage contract according to her free will, but on the other hand, some other jurists, most of whom are later jurists, consider it correct and obligatory by referring to the narration indicating the authenticity and validity of this condition and it More

  can include in the marriage contract according to her free will, but on the other hand, some other jurists, most of whom are later jurists, consider it correct and obligatory by referring to the narration indicating the authenticity and validity of this condition and its non-contradiction with the requirements of the contract. The present study aims to answer the question that according to the principles of the sovereignty of the will, does the condition of non-remarriage of the couple while maintaining the validity of the marriage contract have the power to cause relative nullity and non-influence of remarriage? Based on this, the current research was The condition of non-marriage of the husband is one of the conditions that the wife conducted with the aim of investigating the validity or corruption of the condition of non-remarriage with the intention of not influencing remarriage despite the condition of non-remarriage during the marriage contract and answering its challenges in an analytical-documentary way. The research information was collected and analyzed by following the sources, evidences and opinions of jurists and explaining correct and authentic traditions and other jurisprudential evidences and emphasizing on the sovereignty of the will and the social expediency of the family and a new interpretation of the role of women in common life. The results showed that the emergence of jurisprudential evidences on the validity of the condition of non-remarriage of a man and its effects are included in the marriage contract, and it is possible to rule on trelative Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  5 - Violation of the obligation to inform in the contractual relations of persons in the laws of Iran and England
  Shahram Ghasemi seyed hekmatolah asgari masoud reza ranbar
  10.30495/alr.2022.1953830.2305
  ترجمه بیش از حد طولانی است و ذخیره نمی‌شودIs the obligation to inform dependent on the conclusion of the contract, or is the execution of the contract considered an independent obligation existing in all contracts? It is necessary to answer the question regarding this t More

  ترجمه بیش از حد طولانی است و ذخیره نمی‌شودIs the obligation to inform dependent on the conclusion of the contract, or is the execution of the contract considered an independent obligation existing in all contracts? It is necessary to answer the question regarding this theory according to the contractual laws of Iran and England that if each of the parties refuses to exchange the existing, sufficient and complete knowledge and knowledge (information) about the subject, the conditions of validity and other elements and elements of the contract. What is the guarantee of the breach of the mentioned promise in the absence of notification or failure to notify? In today's modern contract law, this obligation is not only observed at the pre-contractual stage, but with the development of contractual concepts based on the principle of full good faith of the parties, the existence of this obligation is observed not only at the stage of the execution of contractual works, but also at the stage of concluding contracts. Violation of this covenant can be brought forward in both positive and negative ways with responsibility and with the guarantee of non-interference or invalidity in Iran's laws and based on the examples of mistakes and contradictions found in British contractual laws. Although the existential necessity of this commitment has resulted in the optimization of the performance of the works desired by the parties and is based on two axes; Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  6 - Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law
  Pari khaledi Bahareh Shafiei
  Identifying 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 More

  Identifying 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