List of Articles revocation

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  1 - Nature and Effects of Revocation in Shaafeide Jurisprudents and Maalikee
  Mohsen Ahmadi Adel Ziyaei
  Iqaalla-h is an agreement between two parties to revoke voluntarilya revocable contract. The legitimacy of revocation (iqaala-h) can bejustified based on Koranic verses and with the assistance of reason ,as well .Jurisprudents , however, consider traditions from the hol More

  Iqaalla-h is an agreement between two parties to revoke voluntarilya revocable contract. The legitimacy of revocation (iqaala-h) can bejustified based on Koranic verses and with the assistance of reason ,as well .Jurisprudents , however, consider traditions from the holyprophet of Islam(p.b.u.h) sufficient in this regard, among whichthere is the tradition”.Anyone who accords with the other party’s willingness to revokean agreement , God will accept your(the prophet’s) intervention, onthe Doomsday, for that person’s sins to be forgive”. Thejurisprudents of two Islamic Sunni branches,Maalikee and Hanafee,regarded revocation (iqaalla-h) as a religiously recommendableaction (mosta-hab) which accords with pthe prophet’s traditions.Jurisprudents of the two Islamic branches, Maalikee and Hanafee ,all consent to revocation (iqaala-h) referring to the traditions of theholy prophet (p.b.u.h) and have stated its authenticity .However,there is disaccord among them concerning the definitions,conditions, nature and effects of revocation (iqaala-h). Manuscript profile
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  2 - Performance of the Rule of Guarantee of Exchange, in Termination of Contracts of Exchange
  Mahdi Khademsarbakhsh
  In accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally shoul More

  In accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally should give backthing has gotten from assignee. In law, The firest of rule is namedguarantee of exchange and towel of rule is named security faults intitle.This article attempts to examine this rule, guarantee of exchange,that hitherto was carried out at the performance of reciprocalcontracts, in termination of contract, ie: dissolution and revocation,and then proves performance or failure of performance of this rulein revocation and dissolution and It shall study existence or nonexistence of automatic liability while failure of proof guarantee ofexchange in termination of mutual interest contracts.This article proves that dissipation of object of dissolution willcause rescission and dissipation of object of revocation, without anyeffect on validity of revocation, will cause civil liability ofpossessor. Manuscript profile
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  3 - The Study of Marriage Revocation Caused by Vitiligo Affected Spouse
  عابدین Moemeni S. F. Mosavi
  Vitiligo is a pigmentation disorder in which melanocytes؛ the cells that make pigment in the skin are destroyed. As a result, white patches appear on the skin in different parts of the body. Vitiligo affects males and females of all races equally. Its study significance More

  Vitiligo is a pigmentation disorder in which melanocytes؛ the cells that make pigment in the skin are destroyed. As a result, white patches appear on the skin in different parts of the body. Vitiligo affects males and females of all races equally. Its study significance in Islamic texts was due to some religious prescripts in which  such a disease  has been considered as one of  the conditions  that might revoke  the marriage contract of a couple in accordance with jurisprudence and  legal edicts. This research was an analytic-descriptive investigation that intended to explain why some of  the jurisprudents considered the vitiligo  to be particularly true to women and some others took it as equally common conditions to men and women. With referring to jurisprudence references, Shiite and Sunni prescripts and religious decrees jurisprudents and lawyers doctrines and analyzing their documentations , it was concluded that famous Shiite jurisprudents and consequently the  Islamic Republic of Iran civil laws  considered the vitiligo  to be particularly true to women. To prove their points of view they discussed and  invoked the hadith, a record of the words and deeds of the Prophet of Islam and Imams of the Shiite. Some other of Shiite and the Sunni jurisprudents also took the vitiligo as  the equally common conditions to men and women . They cited the hadith to justify their prescripts too. Manuscript profile
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  4 - Subreption in marriage and its effect on the wife's dowry
  Ali Dadmehr Seyyedeh Elahe Dadmehr
  Abstract In Iran's civil law, divorce is not explicitly provided for in the marriage contract, but according to jurisprudence and some articles of the civil law, including article 1128 of the civil law, it can be said that divorce is one of the reasons for annulmen More

  Abstract In Iran's civil law, divorce is not explicitly provided for in the marriage contract, but according to jurisprudence and some articles of the civil law, including article 1128 of the civil law, it can be said that divorce is one of the reasons for annulment of marriage. Fraudulence in marriage, if its conditions are met, in addition to the right of termination, the cheated person can claim his losses from the fiduciary, and in addition, the fiduciary person will be criminally responsible if he has bad faith. had If the marriage contract is terminated due to sexual intercourse before intercourse, regardless of whether the reason for the termination is from the man or the woman, no dowry is due to the woman, but if the man terminates the marriage contract due to sexual intercourse after intercourse, the woman is entitled to it. In this article, using the descriptive and analytical method, firstly, the jurisprudential and legal concept of Subreption, then the elements of Subreption and the difference and ability to add, the option of Subreption with the option of defect and violation of the condition of the adjective, as well as the effect of Subreption on each of the couples and The third party has been paid in the amount of the wife's dowry, and finally, the urgency of exercising the option of refinement and criminal liability Manuscript profile
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  5 - The position of the principle of the effectiveness of the terms of the contract in the interpretation of contracts
  Hossein Moridifar Reza Sokuti Nasimi naser masoodi
  Today interpretation is one of the significant issues of commercial contracts. Despite daily development of commercial law, precision in the regulation of commercial contracts and the involvement of legal experts the existence of ambiguity is totally possible. One of th More

  Today interpretation is one of the significant issues of commercial contracts. Despite daily development of commercial law, precision in the regulation of commercial contracts and the involvement of legal experts the existence of ambiguity is totally possible. One of the principles that is suggested for the interpretation of a contract is the principle of effectuality of the contract phrases (non-futility). This principle shows us that people consider the contract in a purposeful manner and refuse to include futile ineffective phrases and words in the contract. In Iranian jurisprudence and law no comprehensive research has been conducted so far on the place of the aforementioned principle but there are certain principles in the jurisprudence that justify this principle upon precise investigations. Without mentioning the principle of validity in the domain of interpretation of contract the Article 223 of Civil Code has spoken of the principle of validity in the outlines of obligations which is not totally irrelevant to the principle under study. Then as to the application of the aforementioned principle in the interpretation, there is difference of opinions among the legal experts. In the law of England the aforementioned principle has not been clearly accepted and just the legal procedure is endorsed and the legal procedure is of an equal status as compared to the law. Manuscript profile
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  6 - Analysis of the principles of irrevocability and revocability of gift contract in Imami Jurisprudence and Iranian law
  Mahdi Beiki shouroki Amirmohammad Sediqian Seyyed Jafar Hashemi Bajgani
  There is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has ver More

  There is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has very important effects; it is necessary to conduct research in this field. In this research, descriptive-analytical method and sources of valid jurisprudence and law have been used to address this important issue. In order to analyze the principles of the irrevocability and revocability of the gift, the basic evidence should be provided. In this regard, there are many differences between rescission and revocation and other evidence, such as the verse of Quran “fulfill your obligations”, the principle of the irrevocability of contracts, the impossibility of revocation in the gift contract, in the capacity of the legislator, not unplanned changing of the contract from revocable to irrevocable, as well as the inapplicability of the principle of revocation to the irrevocability or revocability of the gift is examined. The result was that the gift contract should be separated from two aspects, one in terms of revocation and another in terms of irrevocability and revocability. Based on this, the gift contract is a revocable contract, in which the principle of revocation is valid. Manuscript profile