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Issue Info: 
  • Year: 

    2020
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    51-65
Measures: 
  • Citations: 

    0
  • Views: 

    947
  • Downloads: 

    0
Abstract: 

Background and Aim: In the Contract of sale especially where the sale involves a Contract of carriage of goods, this important question arises that in the case of loss or damage without fault before delivering the Sold goods, Who is responsible for damages or losses taken place in that case? Seller or buyer? Since the international trades and also internal trades for sale of goods requires special Contractual forms (Incoterms rules), it is necessary to answer the above questions in relation to the rules of Incoterms. Materials and Methods: For present study, the descriptive approach has been chosen and relevant information collected by the documentary and library method. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and confidentiality have been observed. Findings: Among trade terms mentioned in Incoterms that are used for different methods of goods carriage, the EXW, FCA, CPT, CIP, DAP, DAT and DDP are of importance. These methods are divided to two kinds of “ Delivery to Carrier” and “ Deliver to Buyer” . Conclusion: Contrary to domestic law which passing of Risk requires delivery of goods, in Vienna convention the Risk of sale is imposed on the buyer. Since in Incoterms, the carriage of goods sold is usually associated with a variety of issues and also the deviations in it can postpone the delivery of goods and delay in passing of Risk delivery, Incoterms try to ban these unusual obstacles. In Iran there is no special rule about the effect of carriage Contract on delivery of goods and passing of Risk but it is possible to apply articles 380, 387, 567 and 349 of civil law for carriage Contracts.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    31-40
Measures: 
  • Citations: 

    1
  • Views: 

    706
  • Downloads: 

    0
Abstract: 

Purpose: Today, breach of Contract in marital relations has become a worrying one of the hidden social harms of society. The aim of this study was to study the process and contextual conditions of Contract breaking in marital relationships. Materials and Methods: This study was performed qualitatively with the foundation data theory method. The statistical population included couples with experience of breach of Contract in marital relations in 2018 that 32 people were selected by purposive sampling and theoretical saturation criteria. Semi-structured interview method was used to collect information. Data were systematically analyzed in three stages of open, central and selective coding. Findings: Analysis of the content of the information obtained from the interviews led to the identification of 10 sub-categories and 3 main categories including Risk factors in the premarital life of the Contractor (socio-environmental causes before marriage), how to get to know the spouse (get to know the spouse) And Risk factors after marriage and during married life (socio-environmental causes after marriage) in the process of Contract formation in marital relationships and 18 sub-categories and 3 main categories including intrinsic Risk factors (individual and personality factors), interpersonal Risk factors (Family and economic factors) and general Risk factors (cultural and social) in the context of contextual conditions in the marital relationship. Conclusion: Although most people considered the unfulfilled expectations of marriage and dissatisfaction with emotional-sexual needs in the marital relationship as the main reason for breaking the Contract, but the influence of attitudes and personal characteristics should not be left to chance. In fact, disability breeding is due to several reasons that the formation process begins before marriage and individual, family-marital and social factors affect its.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    12
  • Issue: 

    48
  • Pages: 

    289-323
Measures: 
  • Citations: 

    0
  • Views: 

    73
  • Downloads: 

    15
Abstract: 

Considering the importance of selecting suppliers based on the dimensions of sustainability in the supply chain, after identifying and selecting sustainability and Risk criteria in accordance with Jey Oil Refining Company, by developing a multi-stage stochastic program and creating a Risk constraint by the CVaR Risk value criterion for quantitative criteria. Also, in terms of points calculated by FTOPSIS and FMEA methods for quality criteria, the optimal selection of suppliers, sourcing strategy and order allocation in a multi-period supply chain planning under operational Risk and disruption were discussed. In order to reduce supply Risk and achieve a flexible planning as a mitigation strategy, the option Contract and the trading market were considered as two options to supply raw materials. The product demand, the market price of the materials, the purchase price and the apply price of the option Contract, the supply quantity and the supply quantity of the option Contract are random. To model uncertainty, discrete scenarios are generated through a simulation approach, and then, a scenario reduction method is used to construct a scenario tree. The application of the stochastic model, the performance of Risk measurement policies, and the importance of mitigation strategies to provide some managerial insights have been investigated.

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

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    38
  • Issue: 

    570
  • Pages: 

    227-230
Measures: 
  • Citations: 

    0
  • Views: 

    436
  • Downloads: 

    0
Abstract: 

The world is embroiled in a pandemic of a new coronavirus at the end of 2019 and early in 2020, with such a large scale that it has severely involved the political, economic, and social systems in most countries around the world. The scale of the crisis is so widespread that many experts believe that the post-corona world will be substantially different from the pre-corona world. In the face of this massive epidemic, how people perceive Risk and how to Risk is communicated, plays a central role in deciding and choosing people's behavior. Fighting with this emerging phenomenon requires mobilizing all the possibilities of society and helping all people in the field of empathy and altruism. In this article, we briefly review aspects of the important concept of Risk perception and communication in this pervasive crisis.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    6
  • Issue: 

    3 (22)
  • Pages: 

    15-27
Measures: 
  • Citations: 

    0
  • Views: 

    820
  • Downloads: 

    0
Abstract: 

This study, using gold coin spot price returns, in the period from 2008 to 2016, estimates and compares IME gold coin futures Contracts short and long positions initial margin by coherent Risk measures, specially Expected Shortfall and spectral Risk measures such as Exponential weighting Function and Power weighting Function. GARCH, EGARCH and GJR GARCH models used for volatility process modeling. Fore models back testing, it applies Christoffersen conditional coverage likelihood ratio (LRcc) test and for models rating used lopez second loss functions and Blanco-Ihle loss functions, and Fore ES models evaluations uses MAE and RMSE loss functions. The paper finds that, GJRGARCH has outperformed the other models that support the asymmetric response of gold coin price to positive and negative shocks. The average margin quantity estimated for short positions with all Risk measures, is significantly larger than long positions margin, that confirm asymmetric response of gold coin price to positive and negative shocks.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    7
  • Issue: 

    1
  • Pages: 

    189-210
Measures: 
  • Citations: 

    0
  • Views: 

    277
  • Downloads: 

    0
Abstract: 

The present paper aimed to assess a comprehensive Risk analysis in public-private partnership (PPP) infrastructure projects using library studies and surveys in transportation infrastructure projects. By separating Risks through Delphi technique based on expert opinions, 42 structural Risks and 41 operational Risks in 12 main areas including political, economic, laws (regulations), cultural (social), environmental (natural), preparation (development), investment, Design, construction (completion), operation, revenue (market), management (organizational) were identified. Then, using a questionnaire survey and data analysis in SPSS, screening and determining the preferred Risks based on statistical tests including Kolmogorov-Smirnov (K-S) tests, Kendall ranking and factor analysis were performed. Based on the results, 36 Risks with lower Kendall mean were eliminated and the remaining 47 Risks were analyzed. Also, by factor analysis, the main components affecting the incidence of Risk in these projects were identified according to the factor load of the main variables (12 areas of Risk). The results of KMO index and Bartlett sphericity test showed that there is a significant relationship and strong correlation between the variables. The five latent factors, including government, financing, operational, social and organizational Risks with specific values greater than 1. 0, were able to explain 69. 817% of the variances. Critical Risks were identified by developing an integrated assessment approach based on the Relative Significance Index (RII) and the occurrence-effect intensity (PI) matrix. According to the results, the Risks of "interruption of payments by the government", "termination of the Contract by the government and cancellation of the Contract" and "corruption of the government system in the process of concluding the Contract" with a PI of 0. 2166, 0. 2161 and 0. 2003, respectively are among the critical Risks were identified.

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

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    5
Measures: 
  • Views: 

    176
  • Downloads: 

    167
Abstract: 

Term life insurance is a type of life insurance policy that provides coverage for a certain period of time. If the insured dies during the time period specified in the policy and the policy is active, a death benefit will be paid. One of the basic problem in insurance company is that insurers can not classify high level Risk individual from low level Risk individual and cannot offer different premium to each individual. Therefore, the aim of this study was to show how insurers can decrease Risk classification and increase demand of low level individual for insurance. We used Mahdavi’ s model and it was expanded with Contract duration, interest rate and individual’ s age parameters. We found that if Contract duration or interest rate increases, demand for insurance and Risk classification also increase. However, if age of the individual or cost of claim increases, demand for insurance decreases. In additional, when cost of claim goes up, Risk classification declines.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    2
  • Issue: 

    1 (3)
  • Pages: 

    7-38
Measures: 
  • Citations: 

    0
  • Views: 

    1680
  • Downloads: 

    0
Abstract: 

Banks' major responsibility, as the largest financial intermediaries, is to provide and allocate resources. This activity has its own Risks which cause banks to seek ways of preventing or transferring them to other places. Islamic banks as substitutes of conventional banks in Islamic countries have, in their turn, faced similar Risks.In regard to new evolutions in banking industry and many countries' recourse to the Islamic banking against conventional one, and the assumption that there is some remarkable difference between the two due to the existence of a legal system called Islamic Contracts, it is necessary to consider the state's supervision on them and compute Risks and differentiate between different types of Islamic Contracts.This article, after reviewing researches done in the area of Risk management in Islamic banking, first examines Risks' theoretical bases and the management of various Risks in usury-free banking based on different ways of resource allocation. Then research hypotheses are reviewed by using T statistical test. The results of this research imply that conventional and usury-free banking Risks in Iran don't show a significant difference except in liquidity Risk and operational Risk.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    417-437
Measures: 
  • Citations: 

    0
  • Views: 

    130
  • 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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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    35-63
Measures: 
  • Citations: 

    0
  • Views: 

    843
  • 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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