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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    48
  • Issue: 

    4
  • Pages: 

    703-722
Measures: 
  • Citations: 

    0
  • Views: 

    1364
  • Downloads: 

    0
Abstract: 

Always there has been this question in the minds of experts that whether the partnership Securities (ourä ghe moshä rekat) have been able to substitute debentures in the market properly? Present legal analysis shows that partnership Securities as a substitution for debentures are needed for the market. But despite fundamental differences between stocks and debentures, partnership Securities are a compound of stocks and debentures. They have both the advantages of stocks and debentures without getting suffered from disadvantages of each of them. In addition, legal questions on management of the subject project of these Securities as well as responsibility out of these Securities for its holder has not been considered by the legislature. The mechanism considered for partnership Securities although approved from the Islamic jurisprudential (fiqhi) view contains faults from the legal economy view. Therefore, such Securities practically in the market, within the private sector, have not been acceptable so have not been accepted or used. As a result, partnership Securities could not substitute debentures perfectly.

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Author(s): 

JOHNSON CHARLES J.

Journal: 

ALBANY LAW REVIEW

Issue Info: 
  • Year: 

    1980
  • Volume: 

    45
  • Issue: 

    -
  • Pages: 

    890-890
Measures: 
  • Citations: 

    1
  • Views: 

    75
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    2 (12)
  • Pages: 

    193-224
Measures: 
  • Citations: 

    0
  • Views: 

    1029
  • Downloads: 

    0
Abstract: 

Adopting appropriate and efficient tools for risk management is a core element in managing a variety of risks. Insurance-Linked Securities are modern financial-insurance tools which have been utilized widely by the insurers to cover risks especially catastrophe related risks and massive risks. Moreover, these Securities are financial tools that occur in life insurance securitizations. Heretofore, the risk securitizations have been inside the insurance industry and the operational models for issuing such Securities on oil and gas projects' risks have not been presented to the literature yet. Considering the importance of oil and gas sector and also the high diversity and variety of oil and gas projects' risks and in order to diversify the risk management tools in the hands of oil and insurance industries, this paper has tried to develop a model for issuing oil risk Securities based on Simon' s theory of bounded rationality (1996). This model is consistent with conditions in Iranian oil and insurance industries and the Islamic juridical (Shari' ah) considerations for the corresponding investments.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    8
  • Issue: 

    4
  • Pages: 

    1-20
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    0
Abstract: 

Introduction: One of the challenges of the Asset-based Community Development (ABCD) model is identifying effective motivators for fostering citizen participation, a topic that has been largely overlooked in the theoretical literature. In contrast, Self-Determination Theory (SDT) emphasizes that understanding human motivation involves addressing innate psychological needs for competence, autonomy, and relatedness. By fostering motivation, selfconfidence, and a sense of autonomy among citizens and local communities through SDT, we can address the missing links that contribute to participation in ABCD, thereby reducing barriers to engagement. While the ABCD model focuses on enhancing community participation and prosperity based on internal assets, there has been insufficient attention to the internal motivations that drive individuals to participate. Consequently, SDT, which centers on enhancing intrinsic and individual motivations, provides a valuable framework for improving participatory processes within ABCD. This research aims to develop a new conceptual model for expanding citizen participation in ABCD by investigating the impact of SDT on the advancement of this approach, utilizing Fairclough's analytical framework. Methodology: The research methodology combines two qualitative approaches: Critical Discourse Analysis (CDA) using Fairclough's framework and Thematic Analysis (Figure 1). Fairclough's framework is applied at three levels— description, interpretation, and explanation—to linguistically analyze the discourses and theoretical foundations relating to Self-Determination Theory (SDT) and Asset-based Community Development (ABCD). Through thematic analysis, categories are identified from the analyzed texts, while Braun and Clarke's method is employed to determine initial codes, sub-themes, and main themes in alignment with Fairclough's three levels. This approach allows for a critical discourse analysis that uncovers both semantic and latent dimensions within the discourses through thematic exploration. Results: At the explanation level, 'space' was identified as the most significant factor and main theme for advancing SDT within the ABCD model. It was emphasized that enhancing self-determination and autonomy—core concepts of SDT—requires active engagement in social spaces. Rejecting hegemony, fostering democracy, cultivating sustainable motivations, and addressing power dynamics rely on individuals' presence in these spaces. It is through their engagement that both individual and social behaviors manifest.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    121-139
Measures: 
  • Citations: 

    1
  • Views: 

    2470
  • Downloads: 

    0
Abstract: 

The increasing complexities of the urban life, particularly in metropolitan areas, have created much difficulty in recent urban studies. Therefore, in recent decades study of the urban condition at lower levels and within the framework of communities or neighborhoods was brought forward, concentrating on different approaches to the community development. In a number of these approaches it has been emphasized that social capital is the main factor and a necessary prerequisite for community development. In addition, the psychological aspects of life which covers peoples' attitudes to their life and living environment, is considered as one of the main factors in evaluating the quality of life or the output of community development plans. The sustainable relation between man and environment is based on the potential interaction of human needs and potentials of the physical environment. Community or neighborhood development is aimed at building a human environment that responds efficiently to the human needs in settlements, including the basic human needs, as well as higher tier, social and psychological needs. These would be satisfied when a strong sense of community, as a social capital, is developed. In turn, social capital is a good means to promote an indigenous and sustainable development. Community sustainable development is a concept that was presented after the concept of sustainable development was unfortunate in achieving its aims, and therefore further emphasis was placed on local society efforts to access goals of sustainable at measurable dimensions. Asset-based approach to sustainable community development emphasizes the existing assets in the community. It is emphasizes on capacity building, mobilizing local resource and public local capital which consists of social capital and physical capital. Furthermore asset based approach is process oriented, comprehensive and an important tool to achieve local sustainable development. Planners and policymakers have recognized the role of the local assets, including physical capital (housing stock, roads, and the public space) and social capital (the informal networks of trust and reciprocity) in creating healthy communities. The critical examination of various urban policies helps us to differentiate between an Asset-based as opposed to the conventional need-based approach to policymaking, and to explore the mutual impacts of government policies and the target groups that are affected by them; policies could result in the formation or destruction of the local assets (social capital). The study offers a conceptual framework, consisting of policy networks defined in terms of policy type and target groups. Two additional concepts are used to evaluate the mutual impacts of policies and target groups including interconnectedness (the strength of relationship between the government and the target group) and cohesion (the distribution of objectives among the actors).

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    1 (1)
  • Pages: 

    117-150
Measures: 
  • Citations: 

    0
  • Views: 

    1518
  • Downloads: 

    0
Abstract: 

One of the most common methods of financing to which banks repeatedly resort nowadays is, in addition to planning different kinds of bank deposits, to distribute Securities supported by bank facilities. The application of such tools is highly experienced in the current banking. In fact, enjoying such instruments, banks have the intention to renew their resources in their attempt to enhance their power of granting credit facilities. However, such tools are not highly common in Islamic banks, including the ones across Iran.After the law of stock market was ratified in 1384 and 1388, legal grounds necessary to plan and distribute different kinds of new Securities were provided. Now Iranian banks are also able to finance through capital market with the help of planning and distribution of new financial tools, especially via changing of bestowed facilities into Securities.The present study is seeking to introduce such tools in three sections. In the first section, taking a glance look at the history of changing bank assets into Securities in conventional banking and Islamic banks, the research will clarify the goals, performance and pathology of changing bank assets into Securities. The second section deals with designing suitable financial instruments for the changing of bank assets into Securities in Iran banking system. It will also be explained that such tools should have the following characteristics: first, they should be acceptable by jurisprudential standpoint; second, they should be consistent with monetary and financial laws and rules of Iran; third, regarding the role of such tools in the occurrence of current financial crisis, they should not be crisis-making. In the last section, the study will try to examine possible risks of the designed instruments and the ways to manage them.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

LIGHT AMIR N.

Issue Info: 
  • Year: 

    1998
  • Volume: 

    38
  • Issue: 

    -
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    97
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

HAWES DOUGLAS W.

Issue Info: 
  • Year: 

    1987
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    257-263
Measures: 
  • Citations: 

    1
  • Views: 

    95
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    14
  • Issue: 

    2 (38)
  • Pages: 

    31-61
Measures: 
  • Citations: 

    0
  • Views: 

    1021
  • Downloads: 

    0
Abstract: 

Due to the growing need of manufacturing, industrial & ... plants for financing their projects, and the inability of banks to do this, there is an urgent need to design new financial instruments. Taking this into account, we can mention murabaha contract, by which the seller announces to the customer the final price of goods, including purchase price, transportation costs, maintenance costs and other information, and then by adding some amount of profit, they sell them to him. Murabaha contract can be concluded in cash or on credit, and usually the latter is more because of interest rate. Based on this contract, murabaha Securities are designed which like any other legal and economic actions have their own nature and rules. Among the issues related to nature of Securities are their characteristics as well as their transference.This research has a legal approach, but the basics of jurisprudence and financial management are taken into consideration according to needs.  The research method was theoretical - practical with a descriptive - analytical view together with library inquiry.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SALIMI ALIREZA

Journal: 

Strategy

Issue Info: 
  • Year: 

    2013
  • Volume: 

    21
  • Issue: 

    65
  • Pages: 

    291-318
Measures: 
  • Citations: 

    0
  • Views: 

    2200
  • Downloads: 

    0
Abstract: 

When discussing financing process as well as various kinds of financial instruments and their development as a method of finance, the conversion of assets into Securities comes to the fore as one of the main methods of finance. Securities, as one of the instruments used for this purpose, cannot be used in a system of usury-free banking because they entail fixed interest rate. Therefore, bonds, as a substitute for Securities in usury-free banking, are discussed along with their disadvantages, and emphasis is put on the need to define and use a new financial instrument as a suitable substitute for Securities. The Islamic Securities are then defined and discussed from various viewpoints including conformity to law and sharia, advantages and disadvantages, similarities to and differences with conventional Securities, as well as experiences and performance of other countries with regard to publishing bonds. In conclusion, emphasis is put on three characteristics of bonds; that is, legality, acceptability and efficiency, before reaching the conclusion that these bonds are a good and useful substitute for Securities. The necessity for the government to take action to define, support and take advantage of this new financial instrument in the Iranian economy is also underlined.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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