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Issue Info: 
  • Year: 

    2013
  • Volume: 

    9
  • Issue: 

    33
  • Pages: 

    11-34
Measures: 
  • Citations: 

    0
  • Views: 

    2459
  • Downloads: 

    0
Abstract: 

prescription is a law principle which oversees the verdicts, trials and pronouncements and according to the significant effects it has in people's commercial and law relationship, it enjoys a particular judicial position based upon this principle's tenets, if the person doesn't ask for the lawsuit during the determinate time in order to regain his rights, his rights will be evanesced or at least it may cause his lawsuit not to be listened and consequently this will result in negation of the person's ownership domination over his right. On the counter point, according to Shiite religious jurists, the right for taking vengeance will not be integrated and whenever the qualifications exist and there is no contradiction, it will be applicable. Since taking vengeance is considered as a right of creditor over debtor, presuming that we accept "prescription" there will be an evident conflict between the prescription principle and the right for taking vengeance.Religious jurists by referring to this principle that "الحق قدیم، لا یبطله الشی" do not include the exertion of the right for vengeance within the 'prescription principle', so they consider it preferential to the 'prescription principle'. It seems that by affirming symptoms evidence, the right for vengeance will be negated and will not be applicable.

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Author(s): 

MOEZI JAFAR

Issue Info: 
  • Year: 

    2013
  • Volume: 

    27
  • Issue: 

    4 (108)
  • Pages: 

    97-111
Measures: 
  • Citations: 

    0
  • Views: 

    4149
  • Downloads: 

    0
Abstract: 

The significance of business insurances to pay for damages incurred unexpectedly is undeniable. In encountering risks, people always look to find a solution to drive away risks or else find a way to pay for the damages. Life and property insurances are solutions to pay for these damages. During centuries, insurance is considered by civilized societies and people tend toward it.Using insurance as a way to pay for the damages depends on specific conditions and so the time lapse has been defined in Clause No.36 of Insurance Law, so that after a defined period, insurance claims would be lapsed. Since in Iran laws are regulated on religious orders, in 1984 the Council of Guardians announced that the time lapse is unlawful in civil procedure law, thus the question is whether the time lapse in insurance law as in business insurance is in force or is obsolete? In this paper we discuss time lapse and its difference with moratoriums. Finally, we discusse in conclusion that the time lapse in insurance law has remained in force but it is divided in two sections: legal and conventional.

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    8
  • Issue: 

    4 (32)
  • Pages: 

    765-780
Measures: 
  • Citations: 

    0
  • Views: 

    447
  • Downloads: 

    202
Abstract: 

Geoelectrical resistivity, hydrogeochemical and soil properties analysis methods were used for chemical fertilizer monitoring in sandy soil at a palm oil plantation in Machang, Malaysia. The time lapse monitoring was done using these methods five times within a three-month period. The hydrogeochemical analysis was conducted over three auger holes to a depth of 1 m and sampled at 25 cm intervals. Chemical fertilizer was applied to the 21 x 21 m2 area after the first data set measurement. The areas outside of this fertilized zone are considered a nonfertilized zone. The other four data sets were acquired at about equal time intervals, thus giving a four-post fertilization data set. The hydrogeochemical measurements indicate that the cations content are relatively similar for every time lapse measurement. However, relatively higher changes of anions content occur at the surface level to a depth of 1 m. The nitrate concentration above the limit for safe human consumption as it returns to the initial value about 100 days after fertilization. The geoelectrical model prior to fertilization showed similar resistivity values at near surface to a depth of about 75 cm with no significant occurrences of low resistivity values. Lower resistivity values were obtained during the second, third, fourth and fifth measurements within the chemically fertilized zone. In the last measurement, the resistivity values in the fertilized zone are almost similar to the nonfertilized zone. This indicates that the contaminant has dissolved into the surrounding environment within this time period.

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Author(s): 

Issue Info: 
  • Year: 

    2018
  • Volume: 

    36
  • Issue: 

    4
  • Pages: 

    380-387
Measures: 
  • Citations: 

    1
  • Views: 

    118
  • 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: 

    2004
  • Volume: 

    17
  • Issue: 

    3 (TRANSACTIONS B: APPLICATION)
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    317
  • Downloads: 

    137
Abstract: 

The purpose of this paper is to analyze the effect of a particular control doctrine applied to the service mechanism of a queuing process with lapse. It is assumed that the service discipline is FCFS (first come, first served), arrival process is Poisson, service time distribution is exponential, service process is one phase and the capacity is infinite. It is also assumed that the customer may give up joining the system when the queue is overcrowded. Expressions are obtained for queue length probabilities for describing control performance. The aim of which is to decrease customer’s expectancy time via incorporation of a service cost structure. The model is executed by two control methods, namely the single level control and double level hysteretic control. Finally, the results are compared with each other through solving a numerical example.

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Author(s): 

Mahmoodi Javad

Journal: 

ADMINISTRATIVE LAW

Issue Info: 
  • Year: 

    2025
  • Volume: 

    12
  • Issue: 

    40
  • Pages: 

    113-133
Measures: 
  • Citations: 

    0
  • Views: 

    52
  • Downloads: 

    3
Abstract: 

According to the constitution and ordinary laws, all citizens have the right to access competent courts. The passing of time is considered as one of the factors preventing this right. This issue has been investigated in detail in the context of private and criminal law researches, but in administrative law researches, this issue has not been addressed much. Therefore, in the upcoming research, this debate will be examined in the light of the opinions of the Administrative Court of Justice. The fundamental question is whether the prohibition announced by the Guardian Council regarding the passage of time in civil lawsuits also extends to administrative lawsuits, or whether public authorities are held accountable based on concepts and principles such as the right to sue. , the rule of law and the protection of citizen's rights as requirements arising from the public matter, should the council's theory be assigned? In the upcoming research, through an analytical and descriptive study, different views on this matter especially; the procedures of the Administrative Court of Justice were reviewed and evaluated. The hypothesis of the research is that the generalization of the passage of time in criminal and legal claims to administrative claims, regardless of their fundamental difference in terms of origin and effects, should be rejected according to the requirements governing administrative claims. The author seeks to resolve the ambiguities of the executives in this regard, so that they can make decisions with more stability and strength in performing their duties related to administrative areas. Public employees and administrative policy makers can benefit from its achievements.

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Author(s): 

Issue Info: 
  • Year: 

    2017
  • Volume: 

    180
  • Issue: 

    -
  • Pages: 

    439-444
Measures: 
  • Citations: 

    1
  • Views: 

    71
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

Bigdeli Saeed | Osanloo Akbar

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    10
  • Issue: 

    38
  • Pages: 

    9-44
Measures: 
  • Citations: 

    0
  • Views: 

    52
  • Downloads: 

    13
Abstract: 

One of the shortcomings of Napoleon's code was the lack of "lapse" of considerable contracts, which was recognized by French doctrine and jurisprudence. Therefore, they tried to propose a codification in various civil law revision projects. Thus, in Decree No. 131-2016, February 10, 2016, the Law of Obligations and Contracts, a new institution called "caducité (lapse)" was envisaged in Articles 1186 and 1187 of the French Civil Code. This institution describes the status of a contract that has been entered into quite validly, but then loses one of its essential elements due to a subsequent event. The result of this situation, is the discharge of the obligations of the parties to the contract. Iran Civil Code does not define such an institution, but examples of caducité (lapse) can be deduced from some provisions of Civil Law and other laws. In general, the reasons for lapse of the contract can include the deterioration of the subject of the contract, the loss of its cause, death or incompetence in the obligations of the person and If suspensive condition fails the prescribed period provided in the suspended condition that any occurrence of the recent assumptions may lead to the termination of the contract. Lapse occurs automatically and its effect is not retroactive. Thus, in the opinion of the authors, the provisions of Iran Civil Code are incomplete in this respect, and the establishment of such an institution can be useful.

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Author(s): 

BAHGERI ASL HEYDAR

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2009
  • Volume: 

    4
  • Issue: 

    2 (70 LAW)
  • Pages: 

    59-76
Measures: 
  • Citations: 

    0
  • Views: 

    250
  • Downloads: 

    0
Abstract: 

Iran's Law of Electronic Commerce recognizes the option of lapse of right and provides for its application in electronic transactions but Islamic jurisprudence and Iranian law are not familiar with such an institution. So one is not certain on the special effects of Iran's Law of Electronic Commerce as to the option of the lapse of right. This article intends to examine these effects through analyzing some of the relevant articles. in the mentioned law.

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Author(s): 

SHAMS M.E. | KALANTARI M.R.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    82/1
  • Pages: 

    71-97
Measures: 
  • Citations: 

    0
  • Views: 

    229
  • Downloads: 

    0
Abstract: 

Despite accepting the "principle of Qiṣāṣ (retaliated punishment)" in the crimes against the physical entirety of people, the Islamic Legal System has stressed the preference of forgiveness and considered it as having precedence over retaliation. Therefore, the importance of studying the factors involved in lapse of Qiṣāṣ, i.e, the factors which after actualization and proof of Qiṣāṣ lead to its cancellation, becomes evident. With reference to the legal judgments (fatwas) of great jurists and the evidences and traditions concerning the lapse and non-lapse of Qiṣāṣ punishment due to taking possession of the right to Qiṣāṣ, the present article has undertaken to justify Mukhtār's view. In conclusion, due to the lack of clarity of the statutory laws in this respect, some suggestions are presented.

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