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Author(s): 

LABBANI MOTLAGH MOHAMMAD SADEGH | GHANAVATI JALIL

Issue Info: 
  • Year: 

    2016
  • Volume: 

    19
  • Issue: 

    2
  • Pages: 

    119-141
Measures: 
  • Citations: 

    0
  • Views: 

    1187
  • Downloads: 

    0
Abstract: 

The conclusion of investment treaties between states, given the nature of national law and international law, is a new string of discussions between arbitrators and lawyers, which has created some of the issues that do not comply with the rules of the classical national law and international law. Conclusion of two separate but simultaneous agreements, the treaty between the state-state, and between the state-investor on the subject of separation and recognition of the contractual CLAIMS, and the treaty CLAIMS (considering the effects of determination of the applicable law and the competence of tribunals) have created considerable importance for the host states, exporting capital states, investment companies and arbitrators. In fact, separation of CLAIMS arising out the contract or the treaty not only, in case, makes the domestic courts or international tribunals to be qualified, but also affects on the law governing the dispute based on domestic law or international law principles.Therefore, several criteria have been considered for separation of disputes. Currently the most famous is still the classic standard of Jure Imperii and Jure Gestionis. It is also true in the subject of competent jurisdiction regarding the criteria for which shall the tribunal refer to the stage to accept or decline jurisdiction, whether the plausibility of claimant’s claim is sufficient or shall be considered the Prima Facie Criteria.

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Author(s): 

AHMADIFAR R. | Saboryan M.

Issue Info: 
  • Year: 

    2019
  • Volume: 

    27
  • Issue: 

    1
  • Pages: 

    114-123
Measures: 
  • Citations: 

    0
  • Views: 

    410
  • Downloads: 

    0
Abstract: 

The responsibility of the surgeon to compensate the surgeon for the disease that has undergone surgery is one of the most controversial issues in the world of law and medicine that is of particular interest worldwide. Medical professionals are punished for seeing this dangerous specialist attractive, punishing important components. One of the responsibilities of physicians that occurs as a result of medical error is the responsibility of compensating the patient for surgery. Of course, there is no concern about this with liability insurance, but the principle of responsibility is considerable. One of the most neglected issues in the field of medical law is the relation between the doctor’ s conviction and his civil liability. Accordingly, the purpose of this study is to examine the legal and corporate responsibilities and their relationship with each other. We will also discuss the terms of the surgeon physicians liability, related legal materials, ways of proving the surgeons liability, and compare civil and law enforcement liability.

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Author(s): 

AZIZI EBRAHIM | ABBASI FARHAD

Issue Info: 
  • Year: 

    2020
  • Volume: 

    24
  • Issue: 

    71
  • Pages: 

    127-150
Measures: 
  • Citations: 

    0
  • Views: 

    607
  • Downloads: 

    0
Abstract: 

Mahriya philosophy was a pleasing affair for a woman to start a life. As soon as the marriage takes place, the woman owns the mahriyah. When she want, and when she requests must be paid this the debt. The dominance of misconceptions and rivalry has caused numerous in limit of mahriyah has given the eye and eye of metathyroidism. Lack of enough skills to solve family disputes, Patience and tolerance of young girls and Immediately and promptly referring to press her husband by resorting to get mahriyah has caused a lot of damages. Since The Law of the Implementation of Financial Convictions has benefitted from prison. women Imprison her husbands by misusing this rule. Since the law on how to execute financial convictions has been used to disenfranchise individuals, it has been the subject of family lawsuits. This article is an analytical and descriptive method of jurisprudential and legal criticism of denial of couples' freedom in mahriyah lawsuits. The monopoly of deprivation of liberty appears to be defensible in cases of deliberate non-payment of dowry despite financial hardship. In other cases, attempts to resolve the main family problem by consulting, and practicing religion rather than depriving the husband of a better life can be Achieve life and marriage goals and take a step toward reducing divorce rates and inmates.

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Author(s): 

Etuk Anthony

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    116-127
Measures: 
  • Citations: 

    0
  • Views: 

    136
  • Downloads: 

    18
Abstract: 

Scientific scepticism, fundamentally, questions the veracity and epistemic value of CLAIMS not supported by scientific evidence. Motivated by the assumption that only the empirical investigation of reality leads to the truth, the scientific sceptics often maintain that only scientific method is best suited for this purpose. CLAIMS found to be wanting in scientific evidence are considered untrue, and of little or no epistemic consequence. Using the analytical and critical methods, this paper interrogates this epistemic criterion of justification of scientific scepticism. It shows the inherent epistemic deficits in this criterion of the scientific sceptics, and how absolutizing its demands in such a manner as to undermine the veracity and epistemic significance of CLAIMS outside the mainstream discipline of science is not only to entrap themselves in many epistemic burdens, but also to sink under the unsavoury weight of criteriological egocentrism, detrimental to cognitive progress. As a credible alternative, this paper explores the epistemic fecundity of contextualistic pluralism – the pluralism of contextually underwritten cognitive positions – in truth and knowledge justification. It concludes with the relevance of this approach in epistemic justification as evident in its inclusive nature as well as its shift of the focus of philosophical thinking from identity to diversity in an interculturality society.

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Writer: 

ESMAEELI NEDA

Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
Measures: 
  • Views: 

    80
  • Downloads: 

    26
Abstract: 

WE INVESTIGATE AN AMERICAN AND GAME CONTINGENT CLAIM ON A NANCIAL MARKET WHERE ONE PARTY HAS ADDITIONAL INFORMATION COMPARED TO THE OTHER ONE. WE PROVIDE A REPRESENTATION FOR THE VALUE OF AN AMERICAN CONTINGENT CLAIM IN A SUITABLE PRODUCT SPACE. IN THE CASE OF GAME CONTINGENT CLAIM, THE ADDITIONAL INFORMATION IS DESCRIBED BY A RANDOM VARIABLE TAKING COUNTABLY NITE VALUES. WE SHOW THAT THE GAME POSSESSES A VALUE.

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: 

    13
  • Issue: 

    48
  • Pages: 

    85-109
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

Nowadays, both government and non-government banks, in order to perform their banking duties, conclude various contracts with their customers, such as opening accounts, granting facilities, bank guarantees, letters of credit, etc. cause legal disputes. Until a few decades ago, banks did not show much luck in referring their CLAIMS to arbitration for various reasons, such as the incorrect approach of Article 139 of the Constitution and some limitations of the arbitration institution imposed on this institution by law, such as the impossibility of issuing a temporary order. But now this perception is declining due to the non-government of most banks and also the recognition of the arbitration institution; Hence, the desire of banks to resolve their CLAIMS through arbitration, considering the unique characteristics of this institution such as the ability to be recognized and implemented at the international level, the possibility of using knowledgeable experts in banking affairs as arbitrators, maintaining confidentiality, Acceleration in handling and reducing costs has increased. However, this article tries to answer the question of whether bank CLAIMS can be referred to arbitration with a descriptive analytical method and with the aim of the possibility or impossibility of arbitration of bank CLAIMS. Therefore, after examining the basic concepts and basics of the topic of discussion, it has been concluded that basically bank CLAIMS, whether governmental or non-governmental, are arbitrable, except for the CLAIMS that are explicitly prohibited by the legislator.

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Author(s): 

BOYLE P.P. | EVININ J. | GIBBS S.

Issue Info: 
  • Year: 

    1989
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    241-250
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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Journal: 

Private Law

Issue Info: 
  • Year: 

    2018
  • Volume: 

    14
  • Issue: 

    2
  • Pages: 

    309-324
Measures: 
  • Citations: 

    0
  • Views: 

    1864
  • Downloads: 

    0
Abstract: 

Tari lawsuit is one of the long lines of the nature of the lawsuit and consists of four types of lawsuits. The legislator has filed these CLAIMS under titles: counter-claim, third-party litigation, third-party litigation, and extra litigation in the Code of Civil Procedure law irregularly. With the explanation that the extra litigation is out of order and in Article 98 and in chapter 4, under the title of the hearing, has been named without title; while other CLAIMS are referred to in the first chapter of chapter 6 as "accidental cases" Is. Allegations of forgery may be filed subjugate or forged, and counterfeiting may also be filed in the form of a dispute or third-party filing or third-party filing or extra litigation. Forgery lawsuits are examined in different ways from different angles to determine the place of forgery in the civil justice system.

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Author(s): 

SHAHVERDI AMIN

Journal: 

Sophia Perennis

Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    39
  • Pages: 

    229-253
Measures: 
  • Citations: 

    0
  • Views: 

    214
  • Downloads: 

    0
Abstract: 

Based on Dasā tir’ s approach, world history is divided into some basic periods (Mehī n Charkh) andeach of these main periods is divided into some shorter periods (Kehī n Charkh). The big period in which we are has begun with “ Ā bā d” , the prophet who all of the people in the current world are of his generation. After Ā bā d’ s period, three short periods have been passed until fifth-period “ Golshā hī ā n” . Studying Dasā tirian criteria for the beginning and end of the one period, it is shown “ Kay khō srow” is the final prophet of Golshā hī ā n and Zoroaster is the first prophet of the consequent period. Concerning this fact that “ Sā sā n V” is the final prophet of the Zoroastrian period and “ Parvī z” is the last divine king in Dasā tir, it is demonstrated that Dasā tir should be considered as the enunciation of Ā zarkeyvā n who is the first prophet of the seventh short period.

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Author(s): 

MAHADY G.

Journal: 

JOURNAL OF NUTRITION

Issue Info: 
  • Year: 

    2001
  • Volume: 

    131
  • Issue: 

    -
  • Pages: 

    162-196
Measures: 
  • Citations: 

    1
  • Views: 

    140
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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