AZAD LEGAL RESEARCHES
Year:2010 | Volume:- | Issue:5-6-7|Papers Count:7

A contingent contract, according to the different definitions of different legal systems is a contract which it's effects (direct or indirect) depend upon uncertain events. The contingent contract is different from contract by chance (chance bargain). by considering varies examples of contingent contracts in different legal systems, We see varies classifications of contingent contracts. In some of this kind of contracts the obligation of one party depends upon uncertain events, For examples, insurance contracts or contracts for life annuity. In some kind of contracts, obligation or things which the parties have to bring is fix, But, After the performance of the contract, the final effect of the contract depends upon uncertain events. For example, some kinds of partnership like a contract between the owner of a land and the farmer to cultivate and divide the product and so on. The quality of some kind of goods, such as growing agricultural products or other future goods which will grow and will be existence in future, The sale of these kind of goods also, should be a contingent sale of goods.

In a family related case, the husband, relying upon sound medical records, brought a case against her wife to rescind the marriage on the basis of "her wife having two major deficiencies since the marriage took place, i.e.: her privacy being too short for intercourse, and her womb being too small to room a foetus". The Iranian Court of Appeal argued that pursuant to the Article 10 of the Iranian Constitutional Law, the stability of the family must be respected as far as possible, and so, the articles allowing the rescission of the marriage must be interpreted restrictedly. The Court continued that the case was none of "the option to rescind for defect (Article 1123 of Iranian Civil Code), the option to rescind for the violation of the marriage terms (Article 1128 of Iranian Civil Code) and the option to rescind for fraud (Article 439 of Iranian Civil Code)". Accordingly, The Court dismissed the case. The Appeal Court did so, notwithstanding that a legal branch of the Iranian Supreme Courts had already overruled such a judgment issued by another branch of the Appeal Courts in the very same case. That is why the case was brought before the Body of the Legal Branches of the Supreme Courts to be decided. In its non-binding judgment, the Body, mainly focusing on the rationale behind the marriage between two young individuals, ruled that the case was an instance of the violation of the implied terms of the marriage which according to the Article 1128 of Iranian Civil Code, gives rise to the rescission. The Body, hence, overruled the Appeal Court's Judgment for the Defendant (wife), and, in its non-binding judgment, held that the Claimant (husband) has a right to rescind the marriage without any obligation on his side to pay the marriage portion, and sent the case to a different branch of Appeal Courts to be judged in the light of the Body's decision. This essay is to find the bases of the Body's decision in Fiqh (Shi't Law), Iranian law and the general principles of the law of contracts.

Equality of the people requires that there should be no discrimination between them in front of the law. The discrimination, disregard of its cause, whether the race, color, language and etc, is condemned and the Article 19 of the Constitution has explicitly referred to it and the criminal law statutes have provided some criminal sanctions, including criminal sanctions Article 605 of the Islamic penal code. The generality of the phrases used in the mentioned article includes all kinds of discrimination. One of the most important causes of the discrimination could be the corruption. So the discrimination and corruption interrelate with each other, but it should be noted that discrimination is not the only cause of the corruption and every kind of corruption does not lead to the discrimination.

In this research one theory is raised determining the price in the way provided by civil code procedure which in today's international trade in particular and in some local transactions in general, can cause and bring about numerous legal troubles with it's regulations having no answere to their solution. For the very same reason, we have decided to final and offer guide lines on how to interpret these regulations. For example, to prove the point that, not determining the price on fixed basis, connot always be regarded as a reason for uncertain transaction and its cancellation, because customary law does not regard such transaction as uncertain and neither are the actually performed in society upon comparative study of other countries' law and convention regulations, drawing the conclusion that, if a transaction is not regarded as uncertain according to customary law, it is not invalid and transactions currently performed nowadays on the basis of customary law with the prices of some of them being subject to prospective determination, can explain this fact.

Le principe de reparation totale des dommages - interets malgre d'etre le postulat de droit contemporain de la responsabilite civile, s'est heurte aux exceptions legales et contractuelles it cause des considerations relatives it la justice et l'equite et les exigences socio - economiques entre lesquelles le principe de la previsibilite des dommages dans le domaine contractuel et delictuel est un des instruments juridiques efficaces pour moderer les consequences du susdit principe. Mais la previsibilite des dommages est encore controversable et l'objet des discusions considerables, surtout dans le system juridique iranien. Done la notion de dommage previsible, ses criteres et les fondements theoriques de principe de la previsibilite des dommages dans le domaine contractuel et extra - contractuel seront l'objet de cette etude dans une approche historique, comparative et critique.

The various standpoints were discussed in raising and executing the Aqele Guarantee. Some cancel the order of Aqele Guarantee at the present time, taking into account the circumstances at the early Islam and change of its specifications and characteristics. Notwithstanding, in all these viewpoints, the principle order at the Islamic Judgements was admitted. But, the study of dimensions and sides of this order and its conditions and specifications shows that: A) In case of the perfect and correct clarification of various dimensions of Aqele Guarantee Order, the various standpoints shall clarify and explain the theories that cancel the raising and executing the order of Aqele Guarantee at the present time. B) Implementing and executing this order causes to decrease the crimes and solving the problems such as diminishing prisoners, providing the murdered blood money, decreasing the non-guardianship at the families and finally, public supervision.

The main purpose of the Tribunal for Administrative justice is to control the magisterial deeds as well as power for the protection of Human Rights. One of the main approaches to help to reach this pivotal objective is the execution of the rule of law and officials' accountability to people. Complete achievement of the above-mentioned points is possible only through formation of a Legal Government. The establishment of such legal government would be impossible unless people have access to fair courts to voice their objections against all executive and ministrative organization of the State for their behavior any action and multi-lateral supply of judicial security. Based on what has been surveyed discussed up to now, in this article, by studying books, articles, investigation of the public judicature, the Tribunal, and interview with some judges, and officials in charge and the amount executive accountability of the government to the execution of rule of law, the officials' cooperation, answer this question: Does the procedure of tribunal, by consideration of peoples' objections, lead to some references such as governmental council and legislative assembly the development of Human Rights? this article tries to compare the reflection of the decisions and votes of the Tribunal of Justice. The result of such comparison shows that despite the Legislative Assembly's incomplete definition of government and legitimate restrictions which have been gradually put out by the enactment of laws in the Assembly for the Tribunal of Administrative Justice, and also, the court's disregard for the International Humans Rights Charter to which Iran has joined and has to follow according of article No.9 of Iranian civil law, still we see that the verdicts of the public judicature and the tribunal for the protection and support of the peoples' rights have been increasing, and it has been able to help the development of human rights. Meanwhile, the election of other mentioned authorities shows opposite results.