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Author(s): 

JALILI MAHDI | FASIHIZADEH ALIREZA | TABATABAEI SEYED MOHAMMAD SADEGH

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    8
  • Issue: 

    28
  • Pages: 

    39-61
Measures: 
  • Citations: 

    0
  • Views: 

    657
  • Downloads: 

    0
Abstract: 

This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method, and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented by proponents and opponents of the binding or revocable character of partnership and presenting contradictory and solving answers to the view holders, leads in the end to the conclusion that considering the vagueness of the civil code and despite the opposing viewpoints of some Islamic jurists and on the other hand, based on the approach adopted by high-profile jurists such as Shahid-e-Sani and Seyed Mohammad Kazem Tabatabaee, known as Saheb Orva and the attention of the article 167 of the Constitution, partnership contract should be recognized as having a binding character as far as its shareholding making aspect is considered and revocable with regard to the fact that partners acquire the right to control and lay hands on the shared property. This trend is supported more by the doctrine as well.

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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    55-64
Measures: 
  • Citations: 

    0
  • Views: 

    66
  • Downloads: 

    5
Abstract: 

Background and Aim: One of the new and emerging issues that have been discussed in the last few decades is the freezing of a human body suffering from an incurable disease for reviving with the advancement of science in the future. In order to save their lives, these people are trying to save themselves from certain death caused by their disease, by doing this. The effects that this action has on their legal life have caused scholars to examine the legal effects of this action. In this article, we are looking for the effect of this action on revocable contracts. Methods: This article is written in a descriptive-analytical way using library resources and referring to scientific books and articles. Ethical Considerations: In this research, ethical principles and scientific trustworthiness have been respected. Results: According to jurisprudent, in the dissolution of permissible contracts due to anesthesia, the dissolution of revocable contracts due to Cryonic can be deduced. Conclusion: Revocable contracts, which are against irrevocable contrasts, are destroyed by the death and incapable of the parties. In relation to a frozen person, despite the fact that she/he is considered alive, valid contracts made before freezing are dissolved. The reason is that, like death or incapable, freeze is not one of the cases of dissolution of contract and it is not specified in the civil code but according to jurisprudent, in the dissolution of permissible contracts due to anesthesia, the dissolution of revocable contracts due to Cryonic can be deduced and as a result, Cryonic, like the condition of a person who has gone into a coma, is the cause of a person's disability and termination of consent and dissolution of the contract. Please cite this article as: Jafari H, Saei SMH. The Effect of Performing Cryonics on the Revocable Contracts of a Frozen Person in Iranian Law.  Medical Law Journal. 2023; 17(58): e5.

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Author(s): 

RANJBAR REZA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    51
  • Issue: 

    1
  • Pages: 

    89-109
Measures: 
  • Citations: 

    0
  • Views: 

    2216
  • Downloads: 

    0
Abstract: 

The important question in the field of mandate contracts is that if one of the agents selected by the client or the former agent dies, will mandate of other agents remain or it will terminate. For answering this question first we argued about mandate contract that if it is contract or unilateral act, then the reason of mandate contract termination with the death of one of the parties and representation in the field of commercial law, finally we concluded that one of the former agents death doesn’ t affect the other mandate contracts if the last agent is the first client’ s attorney.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    23
  • Issue: 

    69
  • Pages: 

    105-120
Measures: 
  • Citations: 

    0
  • Views: 

    874
  • Downloads: 

    0
Abstract: 

In revocable divorce, the divorcer can continue living with his wife through reversion during vacuity (waiting term) although the terms and conditions of revocable divorce is mentioned in Islamic jurisprudence, Iran’ s Civil law which is based on Imamieh jurisprudence does not meet the requirements in a complete sense. . With due attention to spread of divorce in society a common problem is disagreement of the couples about reversion and it’ s details. The present research seeking a realistic solution studies the relevant issue in so called Islamic five schools of thought based on Imamieh jurisprudence. It seems that the matter of waiting period in revocable divorce is in most concern for the couples. In addition, the claim of the wife is mostly accepted and her oath is effected in some cases

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    1-22
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

Regarding the effect of the primary contract (aqd) on the ancillary condition (shart) and the dependence or independence of the ancillary obligation, different views exist. The prevailing view among Imami jurists (fuqaha) holds that the condition follows the contract regarding its binding (luzum) or revocable (jawaz) nature; therefore, a revocable condition within a revocable contract is not binding. Conversely, some others have considered the condition binding for the duration of the contract's legal existence.This research, using a descriptive-analytical method, aims to argue that, aligning with the non-prevailing view, it is possible to hold that a condition within a revocable contract is binding and to reject the associated forms and formalities. Considering the principle of party autonomy mentioned in Article 10 of the [Iranian] Civil Code, the aforementioned approach can be accepted, and stipulation within a revocable contract—except for contracts based on permission ('uqud idhniyya)—can be affirmed as valid and considered binding. Unlike contracts based on permission ('uqud idhniyya), which, due to the nature of permission, are all revocable and terminable and do not lose their nature even if stipulated within a binding contract, in other types of contracts, a condition stipulated within a revocable contract will be binding. This approach can be supported by carefully considering the Egyptian Civil Code, as well as Article 147(1) of the Iranian Civil Code (which regards the contract as the law between the parties, reflecting pacta sunt servanda), and also taking into account the principle of party autonomy and other texts that explicitly affirm the validity of conditions within both binding (lazim) and revocable (ja'iz) contracts.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    23
  • Issue: 

    90
  • Pages: 

    31-53
Measures: 
  • Citations: 

    0
  • Views: 

    78
  • Downloads: 

    15
Abstract: 

Revocable contracts are terminated as a result of such incidents as the death and incapacity of either party to the contract. An important issue concerning revocable contracts is the basis for dissolution of these contracts as a result of the aforesaid factors, which has been a matter of discord among Imamiya jurists and jurisprudents so that some jurists and jurisprudents consider dissolution of the revocable contracts an option coming from their revocability while some others have expressed other fundamentals for dissolution. In this research work, while reviewing viewpoints by Imamiya jurists and jurisprudents on the grounds for dissolution of the revocable contracts, we have taken into consideration Imam Khomeini’s views on the issue. Unlike Iranian law, the issue has not received due attention in Egyptian law. However, given the instances of dissolution in some revocable contracts such as lending contract, it can be said that in Egyptian law, the basis of dissolution of revocable contracts often rests on the will of contract parties.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    1
  • Pages: 

    97-110
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    0
Abstract: 

Ciphertext-policy attribute-based encryption(CP-ABE) is considered a promising solution for secure data sharing in the cloud environment. Although very well expressiveness in ABE constructions can be achieved using a linear secret sharing scheme(LSSS), there is a significant drawback in such constructions. In the LSSS-based ABE constructions, the number of heavy pairing operations increases with an increase in the number of required attributes in the decryption. In this paper, we propose an LSSS-based CP-ABE scheme with a fixed number of pairings(four pairings) during the decryption process. In our scheme increasing the number of required attributes in the decryption does not affect the number of pairings. The simulation shows that our scheme has significant advantages in the encryption and the decryption processes compared to previous schemes. In addition, we use the outsourcing method in the decryption to get better performance on the user side. The main burden of decryption computations is done by the cloud without revealing any information about the plaintext. Furthermore, in our revocation method, the users’ communication channels are not used during the revocation process. All of these features make our scheme suitable for applications such as IoT. The proposed scheme is selectively CPA-secure in the standard model.

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Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2022
  • Volume: 

    24
  • Issue: 

    96
  • Pages: 

    215-232
Measures: 
  • Citations: 

    0
  • Views: 

    114
  • Downloads: 

    0
Abstract: 

Jurists and lawyers allocated the Right of rescission-that it is rule of general contract law-to the irrevocable contract. This means legal acts lacking in " contractual " and " irrevocable " characteristics do not entail Right of rescission. Adherent of the opinion have provided reasons to proof and strengthen their opinion which to have been accepted by the majority of the scholars of this science. on the other hand a group of jurists and lawyers has argued that right of rescission in revocable contracts shall not impossible or unlikely. . This group have given reasons for its opinion. This article is an attempt to understand whether the right of rescission is applicable to revocable and even quasi-irrevocable contracts. It will review, analyze and examine the mainstream reasonings while considering the counter-arguments.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    5
  • Issue: 

    9
  • Pages: 

    9-40
Measures: 
  • Citations: 

    0
  • Views: 

    1242
  • Downloads: 

    0
Abstract: 

Iqaalla-h is an agreement between two parties to revoke voluntarily a revocable contract. The legitimacy of revocation (iqaala-h) can be justified based on Koranic verses and with the assistance of reason, as well. Jurisprudents, however, consider traditions from the holy prophet of Islam (p.b.u.h) sufficient in this regard, among which there is the tradition”.Anyone who accords with the other party’s willingness to revoke an agreement, God will accept your (the prophet’s) intervention, on the Doomsday, for that person’s sins to be forgive”. The jurisprudents of two Islamic Sunni branches, Maalikee and Hanafee, regarded revocation (iqaalla-h) as a religiously recommendable action (mosta-hab) which accords with pthe prophet’s traditions.Jurisprudents of the two Islamic branches, Maalikee and Hanafee, all consent to revocation (iqaala-h) referring to the traditions of the holy prophet (p.b.u.h) and have stated its authenticity.However, there is disaccord among them concerning the definitions, conditions, nature and effects of revocation (iqaala-h). Shaafeide jurisprudents areall in accord with one another concerning the nature of iqaalla-h and all of them consideriqaalla-h to be revocation of a contract or agreement. Among Maalikee jurisprudents, however, there is no such an accord. Some of them consider iqaalla-hto be the revocation of an agreement or contract, whereas the majority of them regard it to be a new deal. Shaafeides treat iqaalla-has revocation. But thereare some among them who ask how anannulled contact or agreement can be revoked. The answer is thatiqaalla-his arelative rather than an absolute revocation of an agreement. Consequently the two parties can return to the first contract through a new iqaalla-h.Every agreement, however, is not revocable and iqaala-h is effective merely in revocable contractsbased on a bilateral agreement such as purchase and lease. But agreements not binding based on bilateral rights and revocable according to one party’s willingness and request such as matrimony orwaghf (the devotion of a property or estate to a religious or charity purpose) require a special justification for their revocation.The condition of increasing or decreasing is null and void in Shafeide jurisprudence, whereas in Maalekee jurisprudence it does not cause the agreement to be revoked on condition that certain rules and regulations are regarded.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2020
  • Volume: 

    50
  • Issue: 

    1
  • Pages: 

    1-20
Measures: 
  • Citations: 

    0
  • Views: 

    2406
  • Downloads: 

    0
Abstract: 

Right of exploitaitionis known as one of the person's relationship to property by civil code and is counted endowment and lien contracts as causes of it. Analysis of the nature of loan shows that the result of the loan contract is also right of exploitaition, although civil code has not seat the loan contract on side contracts those creator the right of exploitaition. Because the nature of right of exploitaition nothing except credit domination on the right of exploitaition of substance and also permission of owner in the loan contract, is dominant the borrower on right of exploitaition. Article 92 has spoken of the right of exploitaitionby legislator's permission in the exploitaition of resources and common. If we don’ t know the loan contract creator of exploitaition, we will be faced with deadlock to determine the type of relationship that comes from it. Because in 29 article has not predicted relationship except ownership and right of exploitaition. Revocable of loan contract and binding of lien contract and endowment do not make fundamental difference in the result of these, as irrevocable in the free peace and revocable in the gift will not cause that these two contracts be different in the result (ownership). Also famous jurists later have asserted that the result of loan contract is the right of exploitaitionas general endowment and lien contracts. We should not be wrong license of exploitaition or charging legal permission that is a charging legal law with right of exploitaitionor correlative permission that is a correlative law.

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