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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2020
  • Volume: 

    13
  • Issue: 

    51
  • Pages: 

    131-154
Measures: 
  • Citations: 

    0
  • Views: 

    821
  • Downloads: 

    0
Abstract: 

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of the Islamic Penal Code takes into account the many implications of this disorder, namely the lack of understanding of the dignity or the nature of criminal conduct and the existence of doubt in the development and perfection of the mind Which is called fool (weak-minded) in jurisprudence due to lack of intellect. These people are known as people with mental illness, including mental retardation, delirium, and dementia. According to Article 140 of the Act, which expresses the condition of criminal responsibility should not regard fool (weak-minded) accusation as having a criminal responsibility if any crime is committed. Because the penalty is based on criminal responsibility consequently, the condemnation of a perpetrator of a crime hodud or qesas is forbidden and even it should be said that the punishment mentioned in Article 89 of this law is also contemplative. Therefore, in accordance with law, they will be sentenced in the case of committing the above-mentioned offenses or taazir to Hedging and education activities. In the Egyptian law, dementia, inside, in the meaning of Disorders of the scorpion, has a madness sentence that is criticized.

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Journal: 

ETHICAL RESEARCH

Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    5-20
Measures: 
  • Citations: 

    0
  • Views: 

    618
  • Downloads: 

    0
Abstract: 

For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    12
  • Issue: 

    24
  • Pages: 

    141-171
Measures: 
  • Citations: 

    0
  • Views: 

    380
  • Downloads: 

    0
Abstract: 

In public jurisprudence, there is an institution called divorce, which is similar to a divorce lawyer. According to this institution, the couple has the right to divorce fully and completely to the wife, and the wife is separated by one of the words of the delegation and the execution of the slogan of the delegation of their own couple. In fact, in practice, the act is carried out on the request of the wife and for herself. According to the religious scholars of Sunni religions, there is a difference of opinion, but there are disagreements in the details of it, and for the most important of them, verses 28 and 29 of Surah al-Mobarakeh, the parties and the worship of the Prophet's women (pbuh) He is separated from the Prophet (PBUH). In Imamieh jurisprudence, the divorce authority is accepted by a number of jurisprudents, while the famous view is the disjunction of this legal entity. Civil law of Iran, in Article 1119 of the Constitution of the Republic of Iran, conditionally and in Article 1138 of the Constitution, generally accepts the lawfulness of a wife in divorce, and this is, according to the well-known jurisprudents of Imam Ali, authorized to do so. This research by analytical-descriptive method, by studying the library, will try to explain the issues and issues involved.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    15
  • Issue: 

    2 (112)
  • Pages: 

    197-219
Measures: 
  • Citations: 

    0
  • Views: 

    188
  • Downloads: 

    0
Abstract: 

Commercial documents are financial instruments indicating money and cash which can be transmitted to others by countersigning. To pledge financial instruments is also a legal action through which, the merchants usually pawn their commercial instruments at a bank and the like to secure their debts or obligations or to earn credits. This model of pledging is one of the most urgent and serious needs in the local or international economic and commercial relations. In many countries, the legislators have provided, in their laws, pledging commercial documents by “ countersigning” . In the Iranian law, with regard to the clearness of articles 772 and 774 of civil law, which are based on the famous Imami jurisprudents’ views, the validity of mortgage contract is dependent on the mortgaged property delivery and its being definite object and therefore, to pledge commercial documents is not acceptable. However, with paying attention to the necessity of correct interpretation of laws based on the daily needs and acceptability of the customary delivery as well as the importance of the commercial and secondary laws, we can consider pledging most commercial documents as acceptable. In Egyptian law, too, pledging commercial documents has been accepted under some conditions.

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Author(s): 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    15
  • Issue: 

    2 (112)
  • Pages: 

    197-219
Measures: 
  • Citations: 

    0
  • Views: 

    137
  • Downloads: 

    0
Abstract: 

Commercial documents are financial instruments indicating money and cash which can be transmitted to others by countersigning. To pledge financial instruments is also a legal action through which, the merchants usually pawn their commercial instruments at a bank and the like to secure their debts or obligations or to earn credits. This model of pledging is one of the most urgent and serious needs in the local or international economic and commercial relations. In many countries, the legislators have provided, in their laws, pledging commercial documents by “ countersigning” . In the Iranian law, with regard to the clearness of articles 772 and 774 of civil law, which are based on the famous Imami jurisprudents’ views, the validity of mortgage contract is dependent on the mortgaged property delivery and its being definite object and therefore, to pledge commercial documents is not acceptable. However, with paying attention to the necessity of correct interpretation of laws based on the daily needs and acceptability of the customary delivery as well as the importance of the commercial and secondary laws, we can consider pledging most commercial documents as acceptable. In Egyptian law, too, pledging commercial documents has been accepted under some conditions.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    3
  • Pages: 

    425-444
Measures: 
  • Citations: 

    0
  • Views: 

    2324
  • Downloads: 

    0
Abstract: 

Apart from the fact that “ Possession Will” is known as unilateral or bilateral contract, it is also accepted as returnable or revocable by testator in the statutes of the most states. But the views are different to the fact that the testator has the right to forfeit his returning of possession will from himself or not. In Iranian Civil Law and Imamiyeh Jurisprudence, if this clause included from within the will, it would be certainly unreliable. If this right of forfeiting is concluded with within bilateral contract some lawyers know it null because it is contrary to spiritual law and some of them know it correct. In Egyptian Law, this clause is null. In English Law because returning of the possession will is counted as essential elements of that, it is not merely right and to take consideration of forfeiting this right is impossible. This research is to describe this right and present a comparative study with Egyptian and English Law to earn common basis and choice view that has most conformity parallel to statute and Imamiyeh Jurisprudence.

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Journal: 

طب و تزکیه

Issue Info: 
  • Year: 

    1380
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1532
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    1
  • Pages: 

    21-46
Measures: 
  • Citations: 

    0
  • Views: 

    66
  • Downloads: 

    11
Abstract: 

Direct action is one of the grounds that legislators protect creditor rights. Following the 2016 amendments to the French Civil Code, direct action, which had long been accepted in French law, was specified in the Civil Code. Direct action does not have a clear legal status in Iranian law, but it has been analyzed by jurists in Egyptian and French law. The purpose of a comparative study of direct action in the first place is to clarify its theoretical aspect in Iranian law to be considered in the amendments to the Iranian Civil Code. Secondly, the practical aspect of this legal institution, as mentioned in Egyptian law, is important. Because the direct-action mechanism can reduce the prolongation of the trial and, consequently, reduce the volume of litigation. Under Iranian law, as in Egyptian and French law, the practical aspect of direct action can be provided by anticipating this legal institution in a lease, tax evasion lawsuits, alimony lawsuits, and other cases that are challenging for the judiciary. This will be an effective shortcut for both the beneficiary and the judiciary.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    63-76
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

There have been many studies onsexual crimes, but there has been nostudy on sexual crimes of neutral and transgender individuals.Therefore, this study is a descriptive and analytical studyin response to thequestion of what is the punishment for neutral and transgender sexual crimes inImami jurisprudence,Iranian law,and Egyptian law?Therefore, byusing content analysis methods and logical inference from library sources, some results have been reached. According to the rules and regulations ofIranian law andImami jurisprudence,transgender and non-problematic neutral individuals are subject tohadd punishments if they commit sexual crimes, but if a problematic neutral commits the same crimes, they are not entitled to hadd. Because due to the doubt about whether the penis is the original or an appendage, the hadd is removed from them, and here the rule of Dara is to remove their criminal responsibility. However, they are entitled to ta'zir because of their forbidden work. Also, any person who hasa sexual disorder andcommits crimes such as sodomy, sexual intercourse, masturbation, etc.is entitled to ta’zir, and the judge determines the amount and type of punishment.This iswhile in Egyptian criminal law,neutral and transgender people are considered healthy and normal people, and their punishment is determined according towhether thecrime is public or not.Therefore, thepunishment that the legislator canimpose on them islife imprisonment withhard labor,one-year imprisonment, ora fine.In fact, theEgyptian legislator hasbenefited from French andcommon law laws withrespect tosexual crimes, andhas imposed simple andlimited punishments withrespect t moral corruption, andpunishments such asexecution andflogging arenot seen in it, which arespecific to Islamic jurisprudence and Iranian law.

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Journal: 

COMPARATIVE LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    6
  • Issue: 

    2 (10)
  • Pages: 

    143-163
Measures: 
  • Citations: 

    0
  • Views: 

    103
  • Downloads: 

    60
Abstract: 

Over the past years, one of the most important topics in society today has been the issue of usury. Despite the religious emphasis on its prohibition, it is unfortunately increasing in our current society and people often refer to similar actions of banks in justifying their actions. Knowing how banks act in order to adopt the necessary policy to control it is important. The issue of usury is has been denounced based on religious practice, and since Muslim countries, including Egypt, like Iran, are trying to carry out religious orders, it is important to know how their banks deal with usury and how it complies with the measures taken. Iranian banks in this field can be an effective step towards the realization of Islamic economics, so in this article, using a comparative and analytical method, we have tried to study usury in Iranian and Egyptian banks so that we can determine its presence or absence in banks. It seems that there is no usury in Iran legally, but in practice, it is done in banks in a way that is not free from religious forms, and in Egypt, due to the way it is criminalized, usury is legal from what is seen in jurisprudence. Known as usury has taken a toll.

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