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Author(s): 

Darabpour Mohammad Reza

Journal: 

JUDGMENT

Issue Info: 
  • Year: 

    2024
  • Volume: 

    24
  • Issue: 

    1 (117)
  • Pages: 

    71-85
Measures: 
  • Citations: 

    0
  • Views: 

    28
  • Downloads: 

    14
Abstract: 

The protection of individuals' property rights has become a vital requirement in democratic systems for maintaining social and economic stability and sovereignty. A property owner holds an exclusive, absolute, and perpetual right to benefit from and exercise ownership over their property within the bounds of the law. However, in exceptional cases, the state may acquire property through compulsory acquisition. This raises the question of how this form of involuntary contract differs from other consensual contracts, and when and how ownership is transferred. According to existing laws and practices, it is permissible for the state to acquire property through compulsory sale only by adhering to legal formalities and in accordance with approved plans aimed at public interest or the security of citizens, provided that the budget for such acquisition has been predetermined, and the market value of the land or property in question is paid within the statutory time frame. The effects of compulsory acquisition—or more precisely, compulsory sale—do not retroactively apply except under the conditions specified in the contract (unless otherwise stipulated therein). Undoubtedly, the timing of the transfer of ownership is crucial for the state, as until ownership is transferred, even at the request of the owner, the state may be obligated to pay the current value of the property, and an enforcement order may have been issued against it. Particularly in cases where there is no approved plan, no property rights or interests arise for the state as the possessor. This paper emphasizes, through a descriptive-analytical approach aimed at establishing a uniform criterion in judicial decisions, that ownership is the determinant of rights over the property, interests, and other related rights. Possession by the state, even if non-aggressive and peaceful, does not negate ownership of the property and cannot impair the ownership of interests. Furthermore, the transfer of ownership, along with all its consequences regarding lands and properties, occurs through the conclusion of a transfer contract (sale), even in the absence or failure of the owner, represented by the prosecutor or their deputy, subject to the legal conditions discussed and analyzed in this paper.

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Journal: 

JUDGMENT

Issue Info: 
  • Year: 

    2024
  • Volume: 

    24
  • Issue: 

    3 (119)
  • Pages: 

    72-90
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

Compulsory acquisition is the result and outcome of forced purchase or compulsory sale in its general sense and can be applied only when the necessary conditions exist and obstacles are absent. It is an exception to the means of acquisition stipulated in civil law. Moreover, in cases other than compulsory acquisition or in instances where properties are legally deemed lost, a judicial ruling upon the owners' request for property valuation merely signifies the possibility of an ordinary sale to the government or executive bodies. Even the issuance of an enforcement order by property owners against the government or executive bodies to claim the value of a property in possession—where no acquisition plan exists—does not in itself transform the permissibility of purchase into an obligation or transfer ownership from the individuals to the government or executive bodies. In fact, despite a court ruling or even an enforcement order, property owners still retain undeniable legal and religious rights over the realized and unrealized benefits of their properties, including legal compensation for their use.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    42
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Author(s): 

FAHEEM M.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    1-19
Measures: 
  • Citations: 

    0
  • Views: 

    3255
  • Downloads: 

    0
Keywords: 
Abstract: 

Two fundamental insights underlie most recent researches on language development. The first is the realization that the child does not merely speak a garbled version of the adult language around him. Rather, he speaks his own language with its own characteristic patterns. Thus, it is quite appropriate to study a child as the speaker of a specific language to describe its structure by means of a "grammar". The second insight is that the child himself must act as a linguist: he/she is faced with a finite set of utterances from which he must extract the underlying rules in the remainder of his/her life. As far as the universal aspects of language are concerned, many languages must be examined all over the world, and as far as I have investigated, no systematic major study has so far been done on the acquisition of Persian. This point is supported, by the personal report obtained from Julia S. Falk (Michigan State University) who writes: "I know of no major studies on children"s acquisition of this (i.e., Persian) language, and therefore your study could provide an important contribution to knowledge ...". The subject of the study was the language performance of the author"s own child. This study took a long time to collect the required data of her daily productions. The main concern was the subject"s cognitive development to see: 1. At what stages she relates sounds to meaning. 2. Her phonomorphosyntactic and cognitive development. 3. The traces of language universals in the acquisition of Persian language compared with the facts about the universals in other languages. A careful study, that is, the precise observation, taking notes on the subject"s behaviour, and tape-recording, started when she was only seven months old and went on till she became 34 months old. For 27 months, over 700 notes were written on her productions. All sounds and sound combinations which she produced were related to certain meaningful actions: they were also recorded in four cassettes to make further checks possible. They helped me control the written notes in order to provide a more accurate phonetic transcription. Her 27-month productions have been divided up into five different stages. Each stage has clearly pictured the developmental processes of the Persian language; that is, phonomorphosyntactic and cognitive development. Each stage is provided with its related tables. Appendices A and A Cont. present the "Final -Table" introducing the subject"s phonological development from 7 to 34 months of age. Appendix "B" introduces the outline of these stages.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    1 (15)
  • Pages: 

    259-270
Measures: 
  • Citations: 

    0
  • Views: 

    1327
  • Downloads: 

    0
Abstract: 

Galbaghi tribe was one of the tribes of Ardalan family that settled in parts of Saral area from Safavid period onwards and it has gradually fallen into the context of historical developments. Galbaghi's caused insecurity in the area at various points and became a problem for local governors. The governors of Ardalan applied cross-cutting and Sectional policies to counter the Galbaghi's. But the coming of Reza Shah and the new centralized government in Iran was a turning point in Galbaghi's history and this government seeks to solve the problem of butterflies forever. In the present study, the history of Galbaghi tribe from their beginnings to their forced migration by Reza Shah is studied. The purpose of this study is to explain the way of life of Galbaghi's and historical developments of Galbaghi tribe. The main question of the research is why Reza Shah's forced migration of Galbaghi's. This research is based on descriptiveanalytical method. With the coming of the Pahlavi government and efforts to establish a new and permanent order in all parts of Iran, And adopting specific nomadic policies in this regard, It was necessary to make a decisive decision regarding the butterflies and their constant suppression (at least from the point of view of the new central government). The new, centralized, authoritarian government could not accept such turmoil and insecurity, and the reason why they were forced to leave was the same. That is why during this period many Galbaghi's moved to central Iran.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    54
  • Issue: 

    1
  • Pages: 

    71-53
Measures: 
  • Citations: 

    0
  • Views: 

    120
  • Downloads: 

    19
Abstract: 

According to the Islamic sources, if the customer, after concluding the sale, receives the object of sale of the contract with the consent of the seller and dies before paying the price, the seller can return the object of sale. Since the ownership of the goods is transferred to the customer as soon as the contract is concluded, this situation does not seem to be compatible with the consequence of the sale. Therefore, different views have been expressed about the nature of the seller's action regarding the return of the sold goods; option of cancelation, revocation, mortgage revocation and performing revocation are some of these theories offered. The purpose of the present study is to analyze and critique the views expressed in this regard and finally to present a selected opinion in the context of the principles accepted in Imāmī jurisprudence. In this research, with the analytical method, the legitimacy of the seller's recourse has been proved and it has been concluded that this act is considered as a right of compulsory acquisition.

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Journal: 

Issue Info: 
  • Year: 

    2004
  • Volume: 

    21
  • Issue: 

    1 (40)
  • Pages: 

    102-108
Measures: 
  • Citations: 

    0
  • Views: 

    2086
  • Downloads: 

    197
Abstract: 

It is quite common in ELT to encounter positions which equate SLA with SCA. However, it is believed that a prerequisite to resolving this basic diversity is the demystification of a set of dominant misconceptions concerning language, culture and speech community. Highlighting a number of dominant misunderstandings in this relation, the present article questions the validity of SLA/SCA parallelism.

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Author(s): 

WALTON J.

Issue Info: 
  • Year: 

    2000
  • Volume: 

    8
  • Issue: 

    3
  • Pages: 

    146-154
Measures: 
  • Citations: 

    1
  • Views: 

    119
  • 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: 

    2023
  • Volume: 

    56
  • Issue: 

    2
  • Pages: 

    259-276
Measures: 
  • Citations: 

    0
  • Views: 

    57
  • Downloads: 

    11
Abstract: 

One of the conditions for the validity of a contract is that the contracting parties have the freedom to accept or reject it. For everything that is beyond the control of the will of one of the parties but forms a contract, two separate definitions are provided, including reluctance contract and emergency contract, according to which the validity of the first one is conditional on the non-disclosure of the element of reluctance in it, but the second one is absolutely valid and enforceable from the point of view of the legislator. In these two cases, the reason for accepting the reluctance is personal circumstances. Whenever the insertion of coercion and reluctance in the contract is due to the obligation to comply with public interest, in this research it is called "compulsory contract" and it is divided into primary and secondary compulsory contract according to the stage of inclusion of the element of coercion into it. The research examines the validity of such a contract, which is essentially a negation of the "principle of freedom”.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    11-44
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

Intellectual property constitutes one of the key protected assets of foreign investors within host countries, as recognized in most international investment treaties. These treaties generally include provisions safeguarding the intellectual property rights of investors. However, such protections are not absolute; they may be subject to limitations imposed by the public interests of the host states. Incorporating exemption clauses into international investment agreements exemplifies such limitations. According to these clauses, actions undertaken by host countries to safeguard public interests are not deemed breaches of the investor’s rights. In practice, host countries often invoke such exemption clauses, frequently through measures like issuing compulsory licenses, which impose restrictions on the intellectual property rights of investors. Such actions may be interpreted by investors as expropriation of their intellectual property, potentially giving rise to claims for compensation. This article examines whether, in accordance with the content of foreign investment treaties, international conventions, and domestic laws pertaining to intellectual property, a foreign investor is legally entitled to such claims. It also analyzes the likelihood of success, considering possible defenses that the host country might raise. Employing an analytical-descriptive methodology, this study concludes that the determination of such claims largely hinges on two factors: (1) the amount of royalty paid to the inventor, and (2) the specific language of exemption clauses within the investment treaties.

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