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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    26
  • Pages: 

    105-120
Measures: 
  • Citations: 

    0
  • Views: 

    20
  • Downloads: 

    0
Abstract: 

The ratification of the unauthorized CONTRACT is subject to the owner's will, and the will is the inclination and desire to perform. Understandability is a characteristic of will. Thus, for a will to have legal effects, it needs to be expressed. The same applies to the owner's will to ratify or reject the unauthorized CONTRACT, which the civil code has also emphasized and considered positive behavior and action necessary for its ratification or rejection. However, in many cases, we are faced with the owner's silence or omission. Silence can be considered an expression of will not only when accompanied by evidence and clues, but also in the absence of any evidence or clues, and its recognition requires the drawing of criteria. In this article, by analyzing and interpreting texts and content, examining library sources, and looking at objective problems, we support this idea that the owner's mere silence or omission, knowing the conclusion of the CONTRACT, and having the opportunity and time to express his opinion about the CONTRACT, even if there is no evidence accompanying his silence, can indicate the owner's will to ratify the CONTRACT.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    14
  • Issue: 

    12
  • Pages: 

    13-24
Measures: 
  • Citations: 

    0
  • Views: 

    59
  • Downloads: 

    2
Abstract: 

In this paper, we examine the perturbed ABSOLUTE value variational inequalities (PAVVI), a new class of variational inequalities. For the (PAVVI), some new merit functions are established. We develop the error bounds for (PAVVI) using these merit functions. The results presented here recapture a number of previously established findings in the relevant fields because (PAVVI) include variational inequalities, the ABSOLUTE value complementarity problem, and systems of ABSOLUTE value equations as special cases.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    2
  • Pages: 

    203-224
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

The communities of the Kura- Araxes cultural complex with their highly distinctive cultural and economic features represent the occupation of some parts of the Near East and Caucasia during the Bronze Age.  Generally, the origin of this culture is sought in the Southern Caucasus. In Iran, the spread of this cultural tradition represents not only a rupture in the cultural development of the Mesopotamian traditions. Environmental changes linked to Rapid Climate Change (RCC) also forced the population to develop new economic strategies. Until about two decades ago, knowledge of the flourishing Kura Araxes occupation was limited to the north-west of the country and to some parts of the Central Zagros, but recent research in the zones south and north of the Alborz Mountain Range, on the northern edge of the Central Plateau allows by now to present a more detailed picture of the Kura Araxes occupation in both diachronic and synchronic perspective. Recent archaeological excavations in the two sites of Qaleh Tepe and Ali Yourd Tepe revealed some important new data from Kura-Araxes settlements in the corridor of the north Central Plateau and northwestern Iran. The two sites are located in the eastern Zanjan Province in the Abhar Rood Basin. This paper aims to update the chronology of the Kura-Araxes culture based on the radiocarbon dates from the two sites of Qaleh Tepe and Ali Yourd Tepe. The stratigraphy and radiocarbon dates of the two sites reveal the beginning of the Kura-Araxes culture in the region from c. 2900 BCE, followed by a quick extension into the northern Central Plateau, where it is represented by sites such as Shizar, Doranabad, Ostur, and Barlekin. Similarity and diversity characterize the Kura-Araxes cultural complex.  However, based on the current data, the ceramic style represents a common feature, but also the architectural remains indicate a common cultural tradition during the first quarter of the third millennium BCE in the Central Zagros, northwestern Iran, and on the Central Plateau

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    417-437
Measures: 
  • Citations: 

    0
  • Views: 

    129
  • Downloads: 

    0
Abstract: 

Although arbitration is a CONTRACTual method of dispute settlement but it has a judicial output. This output emerged from imposing the arbitrator's award on disputing parties. The entry of the arbitrator into the arbitration process requires the establishment of a CONTRACTual relationship between him and the parties to the dispute. The agreement which is concluded by the disputers to obligate the arbitrator to settle the dispute is called the "Arbitrator's CONTRACT". This CONTRACT, which is considered less, at least in Iran's law, is the source of the arbitrator entry into the process of arbitration and his intervention in resolving the dispute. According to this CONTRACTual relationship arbitrator obligate to settle the dispute between disputers. In contrast, disputing parties also obligate to pay remuneration. The main practice of this research is to analyze the unknown relationship from the CONTRACT law perspective. An implicit assumption of the issue is twofold, firstly, men of parties in this pattern must be specified and then to check whether the issue and entity or the nature of that correlation can be applicable to the preset CONTRACT forms of civil law or it is a new separate design. Results from the analysis of relationship between arbiter and disputing parties reveals that at least three involved agents must meet the same state of mind on the case, which discusses unraveling issues in return of specified wage and finally this CONTRACT has its own nature and aspect.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    3
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    190
  • Downloads: 

    0
Abstract: 

Introduction: Space is a social and consequently a political thing, and apart from worldview, ideology and discourse, it cannot be formed and developed, and the ideological framework of the formation forms the ruling policies, which are crystallized in the form of governing discourse. Each of the new forms of government and new patterns of political power introduces its own methods for dividing space, discourse, objects, and people living in space, and how it is used to change over time and use space to give economic and political strategies required for the exercise of power and discourse processes. In Iran, in the last hundred years, with the coming to power of Reza Khan in 1925, the central discourse of the Pahlavi government with the supremacy of the ABSOLUTE Pahlavi discourse, and by articulating the signs of this discourse with hegemony and domination, represented space and created reasonable spaces. For the first time in history, it emerged as a dominant discourse in the society. Methodology: The present study seeks to provide a dialectical analysis of the process of space production in Tehran by identifying the dominant discourses in the period 1925-1941. Hence, it falls into the category of "fundamental" research. On the other hand, the executive path of research is "analytical-exploratory". Results and Discussion: The most important dominant discourse in Iran in the twentieth century was formed based on the Pahlavi ABSOLUTE Discourse of a complex set of diverse disciplines including the theory of Persian monarchy, traditional patrimonialism, the discourse of development and development in the style of Western modernism, legalism and the people. The discourse emphasized authoritarianism, reform from above, modernist rationality, Iranian nationalism, political centralism, cultural modernism, secularism, and industrial development. The absolutist state that emerged in the light of this discourse sought to move Iranian society and economy from a traditional, pre-capitalist formulation, and do major harm to Groups and culture introduced traditional society with its rationalist, authoritarian, and normative character. The purpose and scope of Reza Shahchr('39')s policies were, in practice, cities and urban social classes. On one hand, there were observed development measures and activities to modernize the country in cities, such as the demolition of old neighborhoods and the construction of new streets, and on the other hand, the expansion of government bureaucracy caused a mean for the central government to dominate on peoplechr('39')s daily activities. During these years, the most noticeable changes took place in Tehran. The enactment of the Municipal Law in 1309 provided a suitable vehicle for heavy interventions in the old urban fabric; the law of widening and developing the streets and alleys in 1933, the first echo of Hussman urban planning and as a symbol of modernity were revealed. Two cruciform streets tear apart the old fabric of the city, crucifying the old city and separating the elements of urban spaces. The street is considered as a powerful tool in the city and becomes a dominant element that no element can deal with it compared to previous periods. The discourse of ABSOLUTE Pahlavi modernism in the form of spatial representation has created a city with a body, image, face and structure different from Tehranchr('39')s past. In other words, the Pahlavi discourse has represented new spaces through hegemony and domination. Some of the social changes in Tehran in this period that distinguish it from previous periods are social and cultural changes including improving education, building a university, rejecting the hijab, reviving the Persian language by the language of academy, and immigration. Rural and urban population growth, expansion of government offices and the formation of a new administrative class; Economic and infrastructural changes, urban planning and architecture, including Tehran city development plan, implementation of Baladieh law, establishment of Bank Melli Iran, construction of Mehrabad airport, emergence of new urban activities and functions, construction of cruciform streets, squares, bazaar; Political changes include the emergence of a new bureaucracy, the consolidation of central government power, the formation of a modern army, the concentration of state affairs in the capital, the establishment of new urban divisions, relations with European countries, and their role in governance. Totalitarian modernism, in order to achieve its enlightened menus, has to consolidate the bureaucratic system. State cities that are already in a semi-independent relationship with the center can only be the executor of the Cairo government bureaucracy in their new affiliate relationship. Following the Pahlavi bureaucratic approach, the city was given priority both as a physical manifestation of the current thinking of the time and as a platform for the forthcoming developments for organizing. Any urban regulation will inevitably lead to a cessation of organ development. On the other hand, with the seriousness of the issue of private property, the necessity of developing a new urban system became more apparent. Conclusion: The urban plans of the 1930s clearly show how the relationship between the inhabitant and the resident and the relationship between the city and society sought an instrumental relationship, and for this reason, this relationship and through it, development was considered as an external matter and with no worries, they have made a historical break by discarding previous social, economic, and cultural formations. Without worrying that man achieves being through habitation. The result is not only the physical disintegration of the city, but also the disintegration of the socio-cultural organization. Henceforth, the city is the place of crystallization of socio-cultural and physical-spatial distinctions that arise due to the demand for capital and the mercantile circulation of goods and capital, and through the indiscriminate occupation of land as the main element of trade in opposition to biological methods. It even offers its own climatic conditions.

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Conference: 

IRANIAN ALGEBRA SEMINAR

Issue Info: 
  • Year: 

    2016
  • Volume: 

    25
Measures: 
  • Views: 

    246
  • Downloads: 

    70
Abstract: 

IN THIS PAPER WE INVESTIGATE THE ACTIONS OF A MONOID OF THE FORM S=G Ů I, WHERE G IS A GROUP AND I IS AN IDEAL OFS, ON SETS. SO, NATURALLY, EVERY S -ACT CAN BE CONSIDERED AS AN I1-ACT. THE CENTRAL QUESTION HERE IS THAT WHAT IS THE RELATION BETWEEN ABSOLUTE 1-PURITY OF I1-ACTS AND ABSOLUTE 1-PURITY OF S -ACTS. HERE WE RESPOND TO THIS QUESTION AND SHOW THAT WE NEED SOME MORE HYPOTHESIS.

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Journal: 

LITERARY ARTS

Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    4 (21)
  • Pages: 

    5-6
Measures: 
  • Citations: 

    0
  • Views: 

    374
  • Downloads: 

    128
Abstract: 

The pun is one of the most important types of rhetorical figures. Two pillars or two conditions for the realization of an ABSOLUTE pun include both the same spelling and sound and different meanings. Although the verbal similarity of two homonymic words has been discussed so far, the semantic dissonance of the two words has not yet been taken into account for various reasons. Therefore, it is not yet lucid which of the different meanings of a word is of interest and what the meaning difference is. In the current study, the descriptive- analytical method was used to both investigate the origin of ABSOLUTE pun according to the views of past linguists and lecturers and contemporary scholars and determine what kind of meaning is intended in this type of pun in line with the rhetorical heritage of Persian and Arabic...

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Author(s): 

HOSSEIN ZADEH J.

Issue Info: 
  • Year: 

    621
  • Volume: 

  • Issue: 

  • Pages: 

    27-46
Measures: 
  • Citations: 

    2
  • Views: 

    16191
  • Downloads: 

    0
Abstract: 

According to the 15th article of "Islamic consultative assemblies institutions, responsibilitits, and elections" law, the ABSOLUTE majority of the audience votes is a bases of credit of the Islomic consultative assemblies decisions, whereas the legislator has not presented any preise ecisions, definition for "ABSOLUTE majority" in this law. In the famous persian lexicons and the dictionaries of law, "half (of total number of audiences votes) plus one" has been presented, in a full agreements,as the definition of the ABSOLUTE majority, whereas in some of the laws, this majority has beem interpreted as "more than half of the total number of audiences votes". The paralles of these definitions, without alluding to the term of "ABSOLUTE majority", have been mentioned in the commercial Reform Bill, which is ratified in 1347. But, none of these definitions, because of the discrepancy of their description or the legislators silence, obviateel the problm of the consultative assemblies institutions or the associations which were formed with an odd number. Therefore, always there have been disagreement between the members of the consultative assemblies and the executors,in quorum valiadlity. In other words, this question still remains that in the case of the legislators silence about the definitio of the ABSOLUTE majority according to his/her lexical definition (half plus one) or when the legislator has defined his majoritY as the same purport (half plus one), what is the whole number and which the decimal number (which is caused by applying the mentioned definition) must berounded? The next highest or lowest whole number? While crtitcizing the notions of propotrional and special majority,this article has proceeded to analyze the effects and the results which have been caused by each of the two definitions of the ABSOLUTE majority, among the groups and the consultative assemblies which are form ed with odd or even number. Finally it has inferred that the ABSOLUTE majority has only one definition and it is nothing except: "more than half of the total number of audience.

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Author(s): 

MOHSENI SAEED | GHABOOLI DORAFSHAN MOHAMMAD MAHDI

Issue Info: 
  • Year: 

    2011
  • Volume: 

    17
  • Issue: 

    33
  • Pages: 

    245-270
Measures: 
  • Citations: 

    0
  • Views: 

    23264
  • Downloads: 

    0
Abstract: 

Relative nullity is one of the sanctions against violating the rules of establishing the CONTRACT and is regarded as a known legal entity in the law of France. It is a situation that the legislator has considered in case of violating the rules supporting given party or parties. Hence, he gave them authority to decide about the CONTRACT themselves and as far as the beneficial party does not have any protests to the CONTRACT, the CONTRACT is correct and has its legal effects. However, if the annulment of the CONTRACT (on the due date) is assigned to the court at the request of the beneficial party, the CONTRACT, except in exceptional cases, has to be annulled from the very beginning to terminate its legal effects. Such a concept does not exist in the traditional law of Iran and we just come to see it in some texts, which are taken from western law. Owing to this fact, the said concept is unfamiliar and ambiguous in the law of Iran and exact understanding of this concept requires an independent and detailed discussion.This important task is not possible except through considering its origin. For this reason, in the present paper, we seek to clarify the definition and meaning of this entity via comparing it with similar concepts and providing the conditions for gaining an exact and deep understanding of it.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    35-63
Measures: 
  • Citations: 

    0
  • Views: 

    842
  • Downloads: 

    0
Abstract: 

In CONTRACTual relationships, the principle is to preserve and continue CONTRACTual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of CONTRACT" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of CONTRACT goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the CONTRACT" and does not seek to regain the basis of the validity of the CONTRACT in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of CONTRACT has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

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