فصلنامه مطالعات میان رشته ای فقه: 5 (9)

Open Access Article

1 - A comparative study of assignment of contract in Iranian legal system and common law with emphasis on lease contract
amir abbas kavoosi Hassan Badini Nejad ali Almasi

The assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed i More

The assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed in the contractual position of the assignor as a substitute. The most vital effect of the secondary transfer of the lease contract is the same as the voluntary transfer of the contract of the third party, for the method of subrogation of the buyer in the secondary transfer of the lease, it is clear that it is the buyer's representative in the same tenant in relation to the transfer of the right to receive rent and the right Termination and discharge to him is disputed and disputed in the courts. The findings of the research indicate that in the English legal system, with the secondary transfer of the lease contract to the buyer, he is obliged to conclude and accept the terms of the lease contract, and despite the contractual legal transfer to the buyer, the seller also becomes responsible. The research method is descriptive and analytical. Manuscript profile

Open Access Article

2 - Practitioners of human rights based on the constitution in private law
Mohammad Shamei Neda Mojahed

In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct More

In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct and indirect ways. In the direct effect of fundamental human rights, it is directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The influence of fundamental human rights is shown indirectly through the interpretation of the rules of contract law; One of the advantages of this method is maintaining the independence of private law as a pure knowledge, which has been the focus of positivists or positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed out the relationship between fundamental human rights and private rights, and finally, they have discussed the way of applying the rules of fundamental human rights to private contracts. The research method is descriptive and analytical. Manuscript profile

Open Access Article

3 - Comparative study of the right of imprisonment in jurisprudence, Iranian and Canadian law
Tohid Ebadi Alireza Lotfi Ebrahim Noshadi

Right of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law a More

Right of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law as wide as it has been in jurisprudence and Iran’s law. The right of lien is one of the important means of guarantee for the execution of contractual obligations. By contract conclusion, both parties are bound to execute whatever they have accepted through the contract, however, despite this bind, there is a probability that both or either parties refuse to execute their contractual obligations and bring about detriments to the other party. In Iran’s and Canada’s law, it is quite understandable that the guarantee for the execution of contractual obligations should have different types which have never been directly discussed upon either in the law of Canada as a country or in the law of Iran or jurisprudence. Manuscript profile

Open Access Article

4 - The Fault challenging in tort
rasool malakooti

The challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of t More

The challenge of the role of fault in liability from the perspective of fegh and Iranian lawAbstractThe most important discussion in liability, both forced and contractual, is about its basis and pillars. This debate is not very old, and in fegh there is no mention of the foundations and pillars of liability, but the jurists have clarified the ruling of each issue only by referring to general rules such as harm, loss, attribution and usurpation. Revision of the pillars and foundations of civil responsibility is a purely legal issue that originates from European law and specifically from France. Most of our jurists consider fault as an important (if not exclusive) basis in the fulfillment of the liability and consider fault as one of the three pillars in explaining the elements of responsibility. The discussion of this article is the challenge of the role of fault as the basis or pillar of liability realization in fegh and civil law. It has been proven that from the point of view of fegh and civil law, in forced and contractual liability, fault is neither a basis nor a pillar of liability fulfillment. Rather, the function of the fault is to facilitate the establishment of causation or to create the necessary fulfillment of the liability.Key words: contractual civil liability, fault, causation.. Manuscript profile

Open Access Article

5 - Narratives involving determining the age of puberty have a special audience.
sayed mohammad keykavosi maral jafari ghazi jahani

Puberty is a natural phenomenon that comes to the fore with the development of sexual talent and reproductive power, but in the interpretation of puberty by looking at various traditions and examples and signs of puberty, different and distinct opinions have been issued More

Puberty is a natural phenomenon that comes to the fore with the development of sexual talent and reproductive power, but in the interpretation of puberty by looking at various traditions and examples and signs of puberty, different and distinct opinions have been issued, which has led to the explanation of this stage of puberty. sexual ability, several ages to determine the maturity of girls and boys should be introduced; And the result is that the Imami jurists act differently in following the hadiths of the Shia imams (pbuh) and the Sunni jurists in dealing with the Sunnah and the policy of the heads of their religions. The current research aims to review the opinions and jurisprudential arguments of Islamic schools on the issue of puberty, while emphasizing the target audience of the traditions of this field, and aims to clarify the criteria and unity of the basis in the issue. The achievement of this research shows that in the field of understanding the traditions of maturity, what has not been paid much attention is audience analysis at the time of the issuance of traditions and traditions. What is more, the Holy Prophet (PBUH) and the infallible imams (PBUH) have always expressed rulings specific to a specific event based on the diverse characteristics of the audience and according to the influence of their specific requirements and the questioners of rulings, which, as a result, is not general. In other words, he spoke according to the capacity of the people, the previous knowledge of the audience and his needs. Therefore, paying attention to the category of audience analysis in puberty narratives shows that determining a certain age for the maturity of individuals in all times and places is not connected with its truth. Manuscript profile

Open Access Article

6 - Investigating the preventive approaches to the occurrence of serial murders by looking at the case of serial murders of Mahin Ghadiri
farzin afrooz amirreza mahmoudi vahid zarei sharif tayyebeh ghodrati siyahmazgi

Serial murders are one of the reprehensible phenomena of human crimes today and are important topics of sociological, developmental, criminology and psychology approaches. Serial murders are not a new phenomenon and unique to one part of the world, but can be seen in al More

Serial murders are one of the reprehensible phenomena of human crimes today and are important topics of sociological, developmental, criminology and psychology approaches. Serial murders are not a new phenomenon and unique to one part of the world, but can be seen in all countries of the world and are a relatively rare phenomenon, but the negative effects of such crimes affect society. Serial killers are not the same in many ways, including their motives for committing crimes and their behavior at the crime scene. Serial murders are very important in terms of criminology and psychology because a person is able to kill more than one person. The occurrence of serial murders has an internal and psychological origin rather than an external and environmental origin. In fact, it is very important to explore the important question of why someone kills people serially and what are its preventive approaches. With this description, the focus of the discussion in this article is the etiology of serial murders from the psychological dimension and based on the personality disorders of the perpetrators and its preventive ways with an approach to the case of Mahin Qadiri with a descriptive-analytical method. Manuscript profile

Open Access Article

7 - Manifestations of populist criminal policies in different stages of economic crime proceedings
Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir Molamohammadali

The influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies b More

The influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies by channels and non-scientific centers has caused, contrary to the initial perception of policy makers, the desired results have not been achieved. In recent years, after the economic crisis and the fall in the value of the rial, profiteers have mainly entered the foreign exchange, coin and car markets by using rents and have disrupted these markets and as a result, the economic situation has become more critical. The importance of the currency and coin market is that any fluctuations and inflation in the currency and coin market cause unbridled inflation in other markets, including the housing market, the car market and the market of basic and non-essential goods. As a result, it can be said that stability in the currency and coin market is directly related to economic stability at a level and to the social, economic and political security of the country at a larger level. It is obvious that controlling the currency and coin market, especially in times of economic crisis (such as what happened after the imposition of sanctions on the Iranian economy), is very important, but it remains to be seen whether Iran's criminal policy approach is effective in this regard. Has been or not. Among the manifestations of populism in dealing with economic crimes can be such things as: adopting immediate and short-term criminal policies and programs and propaganda, focusing on strict criminal responses, emphasizing theatrical aspects. In the trial and execution of the sentence, he pointed to the defamation of the convicts by disclosing their identities, the creation of untimely organizational structures, Manuscript profile

Open Access Article

8 - Jurisprudential and Legal Perspective on the Transactions Violating the Condition of Legal Omission of Act
Hossein Jafari Samet Mahshid Sadat Tabaei Javad Niknejad,

Proviso is one of applied topics and it is very common in our society. As one of its types, negative condition is divided into two groups of material and legal. Regarding a legal negative condition, a person who is responsible to perform a condition undertakes contractu More

Proviso is one of applied topics and it is very common in our society. As one of its types, negative condition is divided into two groups of material and legal. Regarding a legal negative condition, a person who is responsible to perform a condition undertakes contractually not to perform one of the obligations - a contract or unilateral obligation. One very important question which arises here is that, if the person who is responsible to perform a condition violates their obligation, and in legal terms, if they perform a negative condition, what would be the jurisdictional or judicial order for the transaction or for that violation? There is disagreement between the jurisprudents and lawyers in this regard. Some considers the transaction violating the condition as valid and also consider the person in whose favor the condition is made a right to claim compensation; on the other hand, some consider such a transaction as invalid; and, some regard such a condition as invalid. Some of jurisprudents and lawyers consider a transaction which violates negative condition as invalid; and, finally, some regard it as unopposable. Our hypothesis is that, it depends on the negative condition which is violated. In other words, if the obligation is to perform a unilateral obligation such as cancellation, the transaction violating the condition is invalid; but, if the undertaking is the omission of an act, the transaction violating the condition is considered as to be in the observation state. Manuscript profile

XML

List of Articles