JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2016 | Volume:12 | Issue:45|Papers Count:8

The purpose of this study is to assess the bill of civil law reform in religion exceptions and its inclusion on Imam Khomeini committee clients' pension and welfare organization. In the present study it was tried to examine the jurists' viewpoints about debt exceptions and to determine the general principles regarding their indications, so that it is justified whether such principles according to an era could be generalized in a way that include the aforesaid pension. However, this action does not necessarily lead to acceptance and approval of such bill in Islamic Parliament. The results of this paper show that the approval of this act has negative effects and it may open doubt s in some cases.

One of the most important issues that arise after marriage is sustenance of the family. According to Islam, husband is responsible for family livelihood. And wife doesn’t have responsibility in this regard. Act 1102 of civil law states that after wedlock the couple will have different rights and obligation towards each other. One of them is alimony right and it will waste if the wife become disobedient. Instances of alimony relate to secular sense. Wife is the owner of her alimony and the husband can’t refund that. In Iran's and Islam's law there are two types of sanctions. The wife can be disobeyed in some cases such as unsuitable location or period communicable disease, etc.

Property is one of the definite individual rights which is respectable all over the world. Nowadays the relation between science and trade is more attractive, so intellectual properties achieves vital role in the relation between individuals and legal entities. One of the most important sections in intellectual property rights is its foundation and assignment. Jurists comment on intellectual property rights. Some of them disagree and indicate that is illegal according to some reasons, while some others recognize it completely legal and declare its assignment. In Iran there are some discussions about this kind of right but the solutions for assignment of intellectual right is not determined. However, there are some comprehensions which emphasize there are some solution for its assignment in some intellectual properties and mainly in industrial properties and in other cases it will be feasible by making laws. In this research intellectual property rights and its fundamental will be investigated.

According 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.

Worldly element of crimes is almost doing by action and the subject is possibility of crime commitment by stopping action in disputing issues between jurists and lawyers and the main disputing point is non originative existential percept(action) from naught percept (stopping action) and difficult proving of causality relation between criminal results and stopping actions in these cases; With different opinions analysis, this paper is trying to find an empowered opinion in obligatory- statutory provisions of action stopper by jurists and comparing it with the idea of Islamic Republic of Iran. The question is that does crime prove to be true with stopping action in particular conditions? Undoubtedly, action stopper committed crime and deserves to punish; the sentence of him will run after obtaining the cited relation in the conception and causality relation in its specific concept as a standard of guaranty can be run, too. But in proving, the certainty of cited relation is combining with hassle in this situation and yet this subject is not denying the guarantee of him.

Moreover, that the rules of jurisprudence principles science serve Islamic jurists in inferring and finding religious judgments, they can help judges and lawyers in finding real object of legislation and in the other words, the spirit of laws. Regardless of reasoning made by acceptors and opponents of concept in principles science, this question is always posed that what is the criteria of existence or absence of negative concept in legal texts? Without doubt, finding an appropriate answer to this question will block the way of any interpretation in respect of laws and legal texts. This research has led, through considering different articles of laws that the criteria for distinguishing concept in legal texts, where there are no presumptions, is based, in addition to considering undisputed legal principles and rules, on common sense and literal regulations provided do not lead to an unreasonable meaning. Thus any unjustified and unproved analogy, comparison or generalization, is forbidden and this is the main result of this study.

The necessity of Calling People to the Goodness and Preventing People from Evil is subjected to some conditions which one of them is the effect possibility. The most jurists believe that Calling People to the Goodness and Preventing People from Evil shall have the "suspended and conditional necessity" proportionate to the effect possibility clause so that the necessity of Calling People to the Goodness and Preventing People from Evil shall become void, if we know that it is ineffective. The authors, while revising the issue, chose another word and believed that such condition was not accurate and Calling People to the Goodness and Preventing People from Evil is indispensable even if it is ineffective. The present article shall defend the opinion of authors and in line with the clarification of their option, verify and criticize the famous opinions and documents and submit an addendum based on non-stipulation.