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Author(s): 

Alizadeh Aslan

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    19
  • Pages: 

    301-314
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    5
Abstract: 

The Guarantee of the good Performance of the obligation, which is one of the aspects of the rights of obligations, means that if the obligee does not fulfill his obligation properly, the obligee can compensate the damages caused to him from the place of the Guarantee that exists for the good Performance of that obligation. One of the most important conditions for the validity of the Guarantee of good fulfillment of the obligation is that the stipulated Guarantee must be appropriate to the subject of the obligation, in other words, it is not possible to establish any Guarantee for every obligation, for example, personal Guarantee cannot be established for obligations based on a person. The most important result and obtained from the Guarantee of good fulfillment of the obligation is that the mere fulfillment of the obligation does not lead to the discharge of the obligee, but the obligation must be fulfilled properly. The research methods in this research is descriptive-analytical. First, the meanings and concepts related to the Guarantee of good Performance of the obligation are stated, and then they are analyzed according to the theories of jurisprudence and law scholars.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    29
  • Pages: 

    65-86
Measures: 
  • Citations: 

    0
  • Views: 

    2776
  • Downloads: 

    0
Abstract: 

Dowry is a characteristic of Islam legal system and has no similarity in other legal systems. In marriage the man is obligated to finance the acquisition to the woman as it has, or undertake it as an obligation. It can be Guaranteed by a third party, like other debts. ZEMAN of paying the dowry subjects to general rules of AGHDE ZEMAN, but considering the emotional aspects of the relationship between two parties of marriage and the effect of dowry and its Guarantee over the foundation of family raised issues that cannot and should not be resolved by the help of logical rules. In this paper, we intend to study the principles and theories about man’s obligation to pay dowry, and also to study the legal system governing the warrantee of dowry payment.

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Author(s): 

KHADEMSARBAKHSH MAHDI

Issue Info: 
  • Year: 

    2012
  • Volume: 

    5
  • Issue: 

    9
  • Pages: 

    57-75
Measures: 
  • Citations: 

    0
  • Views: 

    1279
  • Downloads: 

    0
Abstract: 

In accordance with opinion “Islamic jurists” and under the “civil code”, in the sale contract, whenever the subject of transaction is dissipated before the transference of the risk to assignee, the contract would be rescinded and buyer legally should give back thing has gotten from assignee. In law, The firest of rule is named Guarantee of exchange and towel of rule is named security faults in title.This article attempts to examine this rule, Guarantee of exchange, that hitherto was carried out at the Performance of reciprocal contracts, in termination of contract, ie: dissolution and revocation, and then proves Performance or failure of Performance of this rule in revocation and dissolution and It shall study existence or non existence of automatic liability while failure of proof Guarantee of exchange in termination of mutual interest contracts.This article proves that dissipation of object of dissolution will cause rescission and dissipation of object of revocation, without any effect on validity of revocation, will cause civil liability of possessor.

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Journal: 

Ethical Research

Issue Info: 
  • Year: 

    2019
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    49-68
Measures: 
  • Citations: 

    0
  • Views: 

    382
  • Downloads: 

    0
Abstract: 

The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution. . . "All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote.

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Issue Info: 
  • Year: 

    1393
  • Volume: 

    8
Measures: 
  • Views: 

    590
  • Downloads: 

    0
Keywords: 
Abstract: 

با این که مفهوم بهره وری همیشه مورد بحث بوده، اما اغلب در آن ابهام وجود داشته و درک آن مشکل بوده است. در عمل، این همان فقدان دانشی است که نتیجه نادیده گرفته شدن نفوذ بهره وری در فرآیندهای تولیدی توسط برخی می باشد. هدف از این مقاله بحث در مورد معنی اصلی بهره وری و همچنین ارتباط آن با واژه های مشابه دیگر است که می تواند در مباحث تعاون نیز بکار برده شود. یافته ها نتیجه بررسی بهره وری بر اساس ادبیات دهه گذشته می باشد. مقاله توضیح می دهد که چگونه محققان ابهام مفهوم بهره وری را توضیح داده و یک واژه شناسی جدید برای آن ارائه می نمایند.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    24
  • Pages: 

    93-106
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

Transverse theory of Performance Guarantee as a famous theory based on reasoning and logic along with the longitudinal theory of Performance Guarantee has been accepted by some legal systems and international documents that the right to terminate the contract arises with the possibility of coercion of the obligee and the basis of its occurrence is It can be any violation or breach of contractual obligations by the obligor. In other words, the violation of the obligation is considered in the general sense, and the refusal to fulfill the obligation in the general sense (i.e. refusal in any form) can also be considered a violation, which creates the right of termination for the obligor. According to the opinions and evidence of some jurists, refusing to fulfill the obligation even in the case of imprisonment of the transaction as a pledge can cause the termination of the contract. This research has been done by library method and descriptive-analytical method by explaining the transverse theory of Guarantee of execution in different legal systems, international documents and legal doctrine and analyzing and criticizing the influence of the right of arrest inferred from Article 377. The law examines and studies the existence of Performance Guarantee in the transverse theory.

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Author(s): 

Shahbazi Mostafa

Journal: 

Private Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    517-539
Measures: 
  • Citations: 

    0
  • Views: 

    78
  • Downloads: 

    17
Abstract: 

The rule of law is effective in the production of wealth and social welfare, so that any rule of law that causes a waste of resources must be reviewed. One of the functions of legal economic analysis is to evaluate the effectiveness of legal rules and determine the most efficient ones. In other words, the economic analysis of law is the application of theories of economics, especially "efficiency" as the basis of legal rules in order to evaluate these rules and, if necessary, correct them. In line with this, law and economics use economic rules, especially microeconomics, and determine the Guarantee of optimal implementation in terms of the theory of "price of breach of obligation". Economic analysis of law also seeks to achieve the most valuable legal rule, the value that is referred to in the economic literature as the theory of "social cost". In the present research process, which uses a descriptive-analytical method, it is concluded that the right of lien has not only failed to achieve its goals legally, but also economically, has caused a waste of resources, increased transaction costs and increased lawsuits. It goes so far as to sometimes lead to the termination of the contract or its goals.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    43
  • Pages: 

    9-24
Measures: 
  • Citations: 

    0
  • Views: 

    90
  • Downloads: 

    10
Abstract: 

Sa''dī''s words, such as the paper, have gone hand in hand with This earth globally, and have been spotted on the eyes of readers and enthusiasts of poetry, one of the items that the works of Sheikh Ajil are always enthusiastic about, the sub-continent of India, and from The sentence of this magnanimous Mirzahar Aghpopal is the throttling of Pikandarabadi (1214-1296), which follows Sa''di''s works, and he has three works, called Four Barons, Svanbestan, in response to Sa''di Boulevard and Sa''di''s Golestan Sa''di. In this paper, we compared the Guarantees of Golestan Hafez and Sa''di''s effect in expressing the structural property of the effect of speculation, and we examined and categorized the types of Guarantees used in his work. Then, by comparing the Guarantees provided by Golestan with the hypothesis of yusefy copies Khazaeli, the idolatry of Golestan Saadi, regarding the recording of a fragment of Golestan''s words, the importance of looking at the manuscripts in the subcontinent in the correction of the works of Saadi was pointed out,therefore, the comparison of two books can be from the perspective of correcting Golestan and then Landsat Saadi. Introduction The words of Sheikh Mosleh – ud – Din Saadi have been manipulated among the people of subcontinent for a few centuries. The publication of his works in the subcontinent began earlier than his original home, Iran. Indian subcontinent has the oldest manuscripts of Saadi back to 734, that stored at the Panjab Lahore university ''s Library at Ganje Siirani. The oldest vintage manuscript of Saadi was also found in 770 AH in Delhi (Hamshahri, 2009: May). Generally, the subcontinent was pioneer in publication of Saadi''s works,the first publication of the Generalization of Saadi was in Iran in Tabriz at 1257AD, while this was published 50 years earlier in Calcutta, means at 1205 AD, and then at 1210 AD (R. K. Mashar, 1350: 2317-2314). Also, the numbers of copies of Saadi''s works in subcontinent was more than Iran. By estimating the Moshar list, while the Generalization of Saadi and his choices was published 17 times in Iran and it''s 5 big cities up to 1352 AH, his works in subcontinent was published more than 50 times and in 40 cities. Some of them are incomparable in their kind, such as the printing of Golestan saadi with the image of thefamous painter Lekhneo, Sheikh Qaem Ali Naghash Lekhneoi (R. K. Sadraee, 391: 368). Subsequently, in subcontinent different descriptions, dictionaries, selections, greetings and the translations of Saadi''s works are done in Farsi, Urdu, Punjabi, Sindi, Gujarati and Bengali languages. Beside teaching Saadi''s works in traditional religious schools and new educational centers, research in biography and thoughts of Shirazian Sheikh and reading the Saadi works in meetings of indian Sheikhs are the reasons of popularity and importance of Saadi and his works in subcontinent. The British East India Company also search for Saadi''s works and translate and publish them, such as preachings, Golestan and Bustan and the Divan of Sheikh Saadi in India, especially in Calcutta, to recognize the indianculture, in order to follow out their critical interests (R. K. Anousheh, 2008: 1387 – 1390). In part of this article, the focuse was on the details of the fame of Saadi''s words in India. But despite the extent of subject, this was ignored in Iran and among the researches on Saadi, paying attention to these sources, while being researchers able to familiarize with new readings of Saadi''s works and solving the problem of abstracts and phrases of Saadu, whether in description or in reading and meaning, was useful in other literal areas including rhetoric, terminology, phrasing, the history of language and Persian literature. Along with this, in this article we have tried to correct the Golestan by using one of the Golestan rallies, simultaneously with the examination of types of insertions in this work. 1. 1. Detailed Research Method This article is done in descriptive – analytic method. At first, it was paid to theoretical foundation of research including the impact of Saadi''s word in subcontinent and the introduction of Mirza Hercopal Tafte, based on the exiting books and articles and access to them including the entries of the Encyclopedia of Persian Literature in subcontinent and through indexing the related library resources. Since in some parts of the present research enter to subjects related to correction issues was felt, in an eclectic way, this was confronted some of effects of Golestan with Tafte works and the correction of the issue was proposed. Discussion There are many imitators and influeners of Saadi in subcontinent, from Amir Khosro and Amir Hassan Dwhlavi to later poets such as Zib Magasi, Abdolali Akhond Zade, Sadegh Behqari, Mohammad Sedigh Panjgori, and Keshmiri. Among the Saadi''s works, the more attention was paid to Bustan and Golestan,The Mohammadieh'' description of Molina Mohammad Golhavi (R. K. Sadraee, 2013, 140/1), Bustan''s Bahar of Tikchand name Bahar (the same, 26. /6) are examples of Bustan''s descriptions in subcontinent. The famous Pamphlet of Saadi (کریما ببخش برحال ما) known as Karima (کریما) is as textbook in subcontinent, while this was published in 19 times in India, this work was published only once in Iran (R. K. moshar, 1350: 4/4062). One of the most extensive descriptions in subcontinent is Baran Bahar of Ghiasuddin Rampori (R. K. Sadraee, 105/2). There are many admirations for this work,Shakhe Tooba by Sadegh Bekhari,Tohfe Ghotbe Shahi by Ali – Ben – Tifoor Bastami, two works named Shekarestan, one by Menat Ghamar – al – din Mashhadi and the other by Isri Akbarabadi (1091 AH), Aroose Erfan by Bahri (1130 AH), Badaye – al – Dohor in prose by Bidel Dehlavi (1054-1133 AH), Nakhlestan by Shafique, Nakhlestan by Taj-al –din Modaresi (1214-1274AH) … (R. K. Anoushe 1987: 1391) are some works in this subject. Among the insertions of Golestan we can refer to the works of Mirza Hergopal Tafte Sekandar abadi, the Persian poet in subcontinent in 1799-1800 AD. At first his pen name was Rami, but after his desire to Islam, he chose Tafte. He was the students f Mirza Ghaleb Dehlavi and his best friend and helped to Ashigh Azim Abadi in collection of Nashre Eshgh. He owns five Divan of Persian poetry, Masnavi Sonbolestan (1277 AH) versus Saadi''s Bustan and the insertion of Saadi''s Golestan (1272). The insertion of Golestan include 8 subjects and 4780 verse and unlike the Saadi''s Golestan is entirely versified. In the Saadi''s prelude in subcontinent in encyclopedia of Farsi literature in subcontinent Golestan insertion of Tafte was attributed to Ghaleb Dehlavi. This mistake originates from the Lists of manuscript catalogs,because this version in lists is introduced The Golestan Insrtion by Ghaleb Dehlavi. In this work Tafte had no role except writing the insertion. He used the most of the Saadi''s verses on insertion, deposition, Seeking help and analysis. It can be assumed that perhaps Tafte used the manuscripts of Mahjour in his insertion that is ignored in the present corrections of Golestan,so, the Golestan insertion can be regarded as a new version of Golestan''s verses. In this research after comparative comparison of the Tafte''s Golestaan insertion verses with the copies used by Yosefi, Khazali and Izadparast, we concluded that sometimes in the Tafte''s work we can find some copied of Golestan verses that is not exist in any of the basic and amended versions. We investigated some of these verses in this research. Conclusion The work of Tafte is not coherent. The diverse forms and different rhythms are due to the adherence of poet to insert the most of Golestan verses that not only has different forms and rhythms but also is the combination of poetry and prose. In first look this is a kind of innovation in structure and innovating a new way in poetry, but looking at whole work it can be concluded that Tafte was not able in create general coherence of the work and again by comparing with Golestan as a coherent and harmonic work that used some different ways of speech, he couldn’t make unity and unified structure among the verses and forms. In comparing with Golestan, the other point is due to the many repetitions of. this disadvantage is more significant beside the Golestan that itself is a masterpiece of conciseness. The poetry of Tafte has no Strength and power of fiction. These disadvantages and misunderstandings are significant because the Golestan insertion in comparison is one of the most brilliant literatures of the Iranian history. it seems the Tafte work can’t struggle with this. But with the all this weaknesses and disadvantages, and with the many corrections in subcontinent on Saadi''s works, the Tafte''s work was introduced as one of the representations of Saadi in subcontinent, in research on Saadi it is necessary to look at this works and the other works of subcontintents on Saadi.

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Author(s): 

DARVISHPOUR V.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    15
  • Pages: 

    47-74
Measures: 
  • Citations: 

    0
  • Views: 

    4592
  • Downloads: 

    0
Abstract: 

One of the fundamental and indisputable laws in the Islamic jurisprudence and law is the doctrine of Aqeleh Guarantee (paternal relatives of a murderer) which according to that the liability of blood money of mistaken homicide and wound, and whatever is supposed as mistake crimes, like children or mad crimes, is on charge of the Aqeleh of criminal, not the doer himself. In contrast to that is the legal doctrine of "being crimes in person", which is based on rational and narrative proofs, and is equivalent "Vezr" (burden), in jurisprudence, which according to that "everyone is responsible for his (or her) legal act or behavior, and, nobody else is responsible for penalty which based on that act or behavior.As, Aqeleh Guarantee is in contrast to this reasoned out doctrine, so, it was, continuously, in attention of jurists. This article, while endeavored to explain the meaning of Aqeleh, and developed its inclusions in compare to its ordinary definitions, has defined the divine law philosophy and conditions of the Aqeleh Guarantee. The research concluded that Aqeleh is a governmental judgment which in an especial social condition and in the aim of support synthetic basis of the society was legitimized or divined law by the holy prophet (s),and its survival, during all the times, is depended on those philosophy and conditions.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    21
  • Issue: 

    81
  • Pages: 

    115-138
Measures: 
  • Citations: 

    0
  • Views: 

    674
  • Downloads: 

    0
Abstract: 

In the recent decades, the production and the supply of goods and services are competitive issues. In this circumstance the role of ensuring the safety of goods is rapidly and completely growing. This role has great importance from an economic (encouraging customers to purchase goods) aspect and legal perspective (protecting the rights of the consumers). Considering this reality warranty is offered in many very different kinds. Sometimes some sort of good is important for choosing warrantee by producer. In some cases the expression " Warrantee" is used instead of "Guarantee" while these two distinctive concepts do overlap with each other in some other ways, they have some differences. Guarantee can also affect the efficiency of the economic institution so not only it is important to protect consumers, but also it has great importance for economic analysis there fore it's function has significant and specific role in increasing the efficiency of the selected type.

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