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Issue Info: 
  • Year: 

    2019
  • Volume: 

    12
  • Issue: 

    23
  • Pages: 

    119-161
Measures: 
  • Citations: 

    0
  • Views: 

    770
  • Downloads: 

    0
Abstract: 

The will is a kind of legal-social entity and one of the most widely used and important subjects in Islamic jurisprudence, which has been advocated and emphasized by the Islamic religion and has been discussed repeatedly by jurists and lawyers. But over time, new issues have arisen about this legal-juridical institution that needs to be further explored, while Iran's law has not discussed expeditiously, contrary to Islamic jurisprudence, and this abbreviation has led to the creation of many ambiguities that unfortunately have not been answered by lawyers. The specificity of Wills institution; in view of the fact that the beginning of the testator assignment is related to the time after the death of testator, and at that time there is no longer any time in which to decide on the issues of authority in the task of determining and deciding; caused doubling the importance and necessity of the discussion about the assignment of these ambiguities. In the present study, the traits and requirements for the executor will be known and different views will be examined in this regard, after which the guarantee for the lack of necessary conditions and the valid time for having them, will be determined. Eventually the result of the research is that in addition to the general conditions, the executor must be sure and trustworthy and, in some cases, be Muslim, and the existence of other conditions in him (except in the manner specified by testator) is not necessary.

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Author(s): 

shahhosseini reza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    369-387
Measures: 
  • Citations: 

    0
  • Views: 

    413
  • Downloads: 

    29
Abstract: 

Competent court to deal with the third executive objection in cases of issuing judicial commission,grantor of commission or its executor(Justification and criticism of the uniform judicial vote No. 802-18/09/1399 of the General Council of the Supreme Court)By Dr. Reza Shah Husseini Articles 146 and 147 of the Law on the Implementation of Civil votes, under the title of third party objection, deal with the method of objection by a third party to the confiscation of the property of the losing party and how to deal with it without the third party objecting to the principle of the decision. This type of objection against the third party's objection to the principle of the vote (main objection) is known as executive third party objection. In many cases, the property of the losing party is located outside the jurisdiction of the court issuing the original judgment under which the enforcement action is under its jurisdiction. In these cases, the court delegates the seizure and continuation of executive operations to another court by granting judicial commission. Regarding the jurisdiction of the court handling the third party's executive objection to the confiscation of property, there is a difference in inference between the court granting judicial commission and the court executing it. The Supreme Court of the country, according to the uniform judicial vote No. 802-18/9/1399, has taken action by separating the general judicial commission and the commission with respect to certain property in order to resolve the dispute and create unity of procedure. The uniform judicial vote can be justified in some ways and it seems to be criticized in other ways. In this article, while justifying the said vote, we have also noted the points of criticism.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    20
  • Issue: 

    80
  • Pages: 

    95-108
Measures: 
  • Citations: 

    0
  • Views: 

    524
  • Downloads: 

    0
Abstract: 

There is no discord on the legitimacy of delegation of the guardian’ s authority to the executor of last will concerning the financial matters of the minors. Whatever causes heated debate is the proof of the last will executor’ s guardianship on marriage of minors on behalf of their parents. There are three approaches to this problem: the majority of the jurists denounce absolute authority of the guardian in this case; another group of jurists approve absolute authority of the guardian; and the third group of jurists condition legitimacy of such authority to the parents’ clear assertion on the right of marriage. Some jurists, like Imam Khomeini, who have not reached a conclusion from the collection of evidences provided by the above-said three approaches, say no authority for guardian in marriage of the minors is an instance of obligatory precaution. This descriptive-analytical research has reviewed and analyzed the evidences in the aforementioned approaches and concluded that the guardian has authority on marriage of the minors on condition of assertion by the testator.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    46
  • Pages: 

    253-301
Measures: 
  • Citations: 

    0
  • Views: 

    29
  • Downloads: 

    0
Abstract: 

Making a will by the testator and accepting or disclaiming it by the donee and executor requires the intention. As a rule, the main element of any juridical act (whether a contract or a unilateral juridical act) is the intention. As one of the types of juridical acts, the testamentary (will) is not exempted from this rule. Indeed, as one of the judges of the Supreme Court of Virginia stated: “Intention being the life and soul of a will, it can hardly be imagined, I presume, that a man can make a will without intending to do so, or give by it more than he means to give".In Iranian law, when discussing the intention of individuals in a testamentary (will), it is important to take care of the intention of the testator, donee, and executor. Thus, in the will, on the one hand, the testator wants to bring his wish to the fore to manage the affairs and property after death. On the other hand, the donee or executor (of course with exceptions) can disclaim the will for various reasons. Therefore, the principle of sovereignty of the intention in the will can be examined from the angles above.American law is almost similar to Iranian law. In this legal system, when the principle of sovereignty of intention is considered from the perspective of the testator, the term "Freedom of Disposition" is used. On the contrary, when the topic under discussion is related to accepting or disclaiming the will by the donee, the term "Freedom of Inheritance" is used. Based on this, the principle of sovereignty of the testator's intention means the testator is a person who decides which property to transfer to whom and to what extent. The principle of sovereignty of the donee's intention also means the testator's authority to accept or at least disclaim the will. In this legal system, the "Testamentary Trust" is also used to fulfill the testamentary. In the testamentary trust, the testator accommodates the desired property to a person named "Trustee" so that he can manage the said property as a "Fiduciary" in favor of the "Beneficiary"."Principle of Sovereignty of the Intention" has now created these questions in the authors' minds: First, what is the basis of the principle of the sovereignty of the intention of the testator, the donee, and the executor? Second, can we imagine limitations for the intention of the testator, donee, and executor? If the answer is “Yes”, what are the examples of these limitations?In this article, by a comparative study of Imamia Jurisprudence, Iranian and American Law, an attempt is made to answer the above questions with a descriptive-analytical method and by referring to library sources. The reason for adapting this issue to American law can be summed up in two ways: First, in the legal system of this country, issues related to wills (especially the sovereignty of the will) are very important and have been examined in detail by scholars in the field of inheritance and wills. Second, Iranian jurists consider Imamia Jurisprudence when examining the challenges raised in the realm of wills, contrary to the approach that exists in the law of contracts and civil liability. Although this approach seems to be acceptable and good considering the Iranian civil law based on Islamic jurisprudence, but it cannot stop the curious mind from comparing the will rights with the western legal systems. In the end, after studying the history of the mentioned principle, the following results are obtained: First, the testator's natural right, his motivation, securing the interests of the testator, setting the behavior of potential heirs, and duty to social cooperation are considered the basis of the testator's will. Also, preserving the independence of the donee and executor, the cooperation of the donee in managing the distribution of the estate, and ensuring the interests of the testator are the basis of the sovereignty of the testator's will. Second, while the formalities of making a will, the necessary heirs, the mandatory rules, and religion are the limitations of the sovereignty of the intention of the testator, the formalities of accepting or disclaiming the will and killing the testator by the donee are the limitations of the sovereignty of the intention of the donee and executor.

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Author(s): 

Hassani Hossain

Issue Info: 
  • Year: 

    2019
  • Volume: 

    5
  • Issue: 

    10
  • Pages: 

    24-44
Measures: 
  • Citations: 

    0
  • Views: 

    4279
  • Downloads: 

    0
Abstract: 

Action research is one of the manifestations of the research spirit of upbringing executives that connects theory and practice and improves the quality of educational activities. In order to develop their professional competencies, teachers can think seriously about what, how and why they teach, their classrooms and students, and collaborate to identify problems in the teaching-learning process. In fact, research teachers are those who think about teaching goals, and think and ponder to produce professional knowledge. The research method is analytical-explanatory, which used data, existing library resources and internal and external studies to collect information. In this research, while discussing the relationship between opinion and practice, to examine the scientific basis of teaching art, the importance and position of educational research among the main agents of the educational system and the role of teachers in thoughtful curriculum, background and types of research in practice, as well as goals, scope and The consequences of research during the operation were analyzed in the education system. The results showed that thoughtful action requires creativity and thought-provoking, and is incompatible with disinformation, loyal use, and no academic intrusion. On the other hand, a research teacher can always be developing if he is independent enough to make decisions and take responsibility for his own decisions.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    16
  • Issue: 

    58
  • Pages: 

    192-215
Measures: 
  • Citations: 

    0
  • Views: 

    1138
  • Downloads: 

    0
Abstract: 

The jurists have divided the Islamic punishments to variable and fixed punishments. On this basis, hudud, death (qisas) and blood money penalties are deemed to be fixed and discretionary punishments (tazir) are categorized in the second group. The general principle in Tazir punishments is the individualization of the punishment. Therefore, according to the rule "Al-ta'zir bema yarah al-Hakim (penalties issued under of the discretion judges)", the judges have considerable authority in the exercise of punishments based on their discretions and expediency. The power of the judges to apply punishment is not confined to the jurisprudence, but also to the substantive positive law where the judge has also a considerable authority to enforce these types of discretionary punishments. For a precise understanding of this issue, it is necessary to answer a few questions: What does the above principle mean by the word "ruler"? How much is the authority range of the judge and what are the existing mechanisms in the exercise of judicial authority? In this paper, along with the recognition of the authority of judges in the exercise of discretionary punishments, concepts such as the judge and the scope of his authority and mechanisms for the exercise of authority according to the positive law and jurisprudence would be studied.

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Author(s): 

HORMOZI KHIEROLLAH | BABAEE GHAREH GHESHLAGHI HABIB

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    47
  • Issue: 

    4
  • Pages: 

    743-761
Measures: 
  • Citations: 

    0
  • Views: 

    10722
  • Downloads: 

    0
Abstract: 

If a third party or execution of judicial decisions and judgments issued by the courts, he could be detrimental to the rights of their protests notify the competent authority. The basic difference in votes and protests against third-party claims administration will be different to hear a third party so that the main challenge in court the final judgment comes the court has handed down the verdict is submitted. The competent court to handle third objection executive, is controversial; some know and some say issuing court to the competent court of jurisdiction is the executor of the sentence. And some consider both the righteous. Jurisdiction of the court executor, the legal reasoning more. Some opinions issued by the Supreme Court and the provisions of Articles 26 and 142 of the Civil Law enforcement and legal doctrine, supporting the idea. And some consider both the righteous. Jurisdiction of the court executor, the legal reasoning more. Some opinions issued by the Supreme Court.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    51
  • Issue: 

    1
  • Pages: 

    183-201
Measures: 
  • Citations: 

    0
  • Views: 

    721
  • Downloads: 

    0
Abstract: 

One of the most important topics in the ḥ udū d (punishments defined by Islamic law) is the conditions of its executor. This article studies some of the conditions of execution of ḥ udū d and tries to answer these questions: According to Islamic jurists, is there any particular condition for execution of ḥ udū d? Is it necessary that the executor of ḥ udū d has not perpetrated that sin (ḥ add) or other similar sin? How is this ruling carried out in discretionary penalties? What happens if the perpetrator repents? What is the ruling for the observers of execution of ḥ udū d? Can anyone who himself is sinner according to that ḥ add execute that ḥ add on others? The research findings along with executive approach indicate: According to Islamic jurists, execution of ḥ udū d related to the right of God, cannot be executed by someone who did the same sin. That is, according to jurists’ view, unlawful or an obligatory caution. The sinful executor can execute ḥ add if he repents before being in charge of executing the ḥ add.

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Journal: 

JOURNAL OF HEALTH

Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    5
  • Pages: 

    547-556
Measures: 
  • Citations: 

    1
  • Views: 

    1773
  • Downloads: 

    0
Abstract: 

Background & objectives: Investing in the health of adolescents and youth population in educational environments is one of the most important interventions in the health sector. This study aims to evaluate the percentage of improvement of the Health Promoting School program in schools under the coverage of the city of Babol.Methods: This study was a before and after the intervention conducted in 2013. The research population and samples were selected by census from 63 health program executor schools in the city of Babol. The data collection tool was standard Checklist to evaluate health program executor schools in two administrative and 8-fold indices. Data were collected in two phases- before and after the intervention- within a month and analyzed by SPSS18 software at the significance level of p˂0.05.Results: Of the 63 health program executor schools, (38.1%) 24 were primary schools (27%) 17 guidance schools (34.9%) and 22 high schools, and also (65.1%) 41 urban schools and 33 schools for boys (52.4%). From 100 points, the average point of health program executors was 66.08±11.99 before intervention which as promoted to 71.79±10.96 after the intervention. There was a significant difference between the total mean score and the mean scores of 9- fold items before and after the intervention (p˂0.05). Model results showed that the total checklist Score of the first phase and geographical area is only related to the second check list points and the impact of this program was higher in the rural schools.Conclusion: This study showed that the execution of the health promoter programs has a positive impact in improving school indicators. It is recommended to implement this program in all schools.

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Author(s): 

SOLTANI IRAJ | DALAELI HAMID | NILIPOUR TABATABAEI SEYED AKBAR

Issue Info: 
  • Year: 

    2014
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    41-57
Measures: 
  • Citations: 

    0
  • Views: 

    1170
  • Downloads: 

    0
Abstract: 

The current research was performed in Mobarake Steel Co. in order to determine the required competencies in human resources entitled “competencies of human resource managers in companies based on Ulrich competency model”. The statistical society of the study comprises of 16 human resource managers among 32 and also 90 operational managers among 120 that were randomly selected using the Morgan table. Then two kinds of questionnaires were designed in order to compare the viewpoints of human resource managers about their own performance and also operational managers’ viewpoints about human resource managers’ performance using Ulrich competencies model. The data were analyzed through SPSS software, ANOVA, normality test, one sample T test, two independent sample T test, simple regression, multivariate regression and Pearson correlation. Finally the following results were estimated: Credible Activist 3.12 ,Culture & Change Steward 2.98, Talent manager/organization designer 3.04, Strategy architect 2.89, Operational executor 2.98, Business ally 2.96, and the mean was 3.00.

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