Search Results/Filters    

Filters

Year

Banks



Expert Group










Full-Text


Author(s): 

Karimi Siamak

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2021
  • Volume: 

    23
  • Issue: 

    72
  • Pages: 

    95-125
Measures: 
  • Citations: 

    0
  • Views: 

    81
  • Downloads: 

    46
Abstract: 

The One of the main issues in the legal regimes is the intentional revocation of any kind of obligations. This revocation means that obligant party terminates its duty merely at the request of that party.  Because this subject concerns with the rule of law, it should be necessary to exist proper rules in this context. However, there are significant ambiguities in the legality and conditions of intentional termination of obligations that arises from unilateral acts of states. The case law and states practice in this context are rarely and sporadic and the doctrine is also extremely contradictory. Since, the unilateral acts of states have gained prominent status in regime of regularization in international law in modern area, so the legality of intentional termination of these acts is important subject. This article seeks to answer the important question of whether a state can terminate its unilateral act of its own will. It seems the states can terminate their unilateral acts, with some conditions and exceptions.

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

View 81

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 46 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

DARAEI MOHAMMAD HADI

Issue Info: 
  • Year: 

    2020
  • Volume: 

    25
  • Issue: 

    90
  • Pages: 

    113-131
Measures: 
  • Citations: 

    0
  • Views: 

    287
  • Downloads: 

    0
Abstract: 

Endowment under Islamic law is a permanent type of contract which cannot be revoked and it is a consensus among Shiite jurisprudents. It is a kind of contract which has been based upon a religious thoughts as well as provides great heavenly reward and includes social and economic effects. These are special characters which lead Endowment to be a more concrete contract with special imperative rules. But, a survey regarding jurisprudent books shows that, some of them sometimes let Endowment to be revocable by special stipulations in the contract, which is against the consensus on irrevocability of an Endowment. Although most of the Shiite jurisprudents accepted these stipulations, but some others are against them. In this article arguments relevant to both ideas are considered. These stipulations are not accepted under the civil law of Iran and it can be deducted from it that Endowment cannot be revoked and are bounded from the time of contract.

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

View 287

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    17
  • Pages: 

    159-179
Measures: 
  • Citations: 

    0
  • Views: 

    937
  • Downloads: 

    0
Abstract: 

Right of rescission is one of the main topics of contract law in Islamic jurisprudence as well as in Iranian Law. Jurists and lawyers have devoted part of their books to this topic. The issue discussed in this area is the scope of right of rescission، called " necessary contracts" by jurists and legal scholars. In other words، legal acts lacking the description "contract" and "necessary" are exempted from being subject to the right of rescission. Although supporters of this opinion have put forward reasons to justify it and it is seemingly logical، a careful look at reasons given، criticisms، principles of right of rescission، rules of contract law and principles of interpretation proves the opposite view and not the famous one. This article examines famous and opposite opinions by conducting a critical analysis.

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

View 937

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Journal: 

MEDICAL FIGH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    38-39
  • Pages: 

    51-68
Measures: 
  • Citations: 

    0
  • Views: 

    2805
  • Downloads: 

    0
Abstract: 

Background and Aim: "Psoriasis" is a chronic skin disease characterized by silver plaques on the skin and affecting various parts of the body, especially head and face. Since the disease can affect the strength of marital relations and due to its great similarity with Vitiligo, in this study we intend to examine the possibility of considering this disease as a vice and revocation of the marriage through it based on the principles of Islamic jurisprudence. Materials and Methods: The present study is a descriptive analytical study based on library resources. First, based on medical findings, "psoriasis" and its similarity with Vitiligo has been studied, Then the possibility of permission of revocation of marriage by this disease has been analyzed in terms of the basics of Imami jurisprudence. Findings: Because in religious texts, the reason for the permission of revocation of a marriage in Vitiligo is people hate from the patient, and this cause is also present in "psoriasis", Permission of revocation of marriage can be extended to this disease and if the disease occurs in one couple, the other party can revocate the marriage.

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

View 2805

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
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.

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

View 1242

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

MOEMENI A. | MOOSAVI F.

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    9-18
Measures: 
  • Citations: 

    0
  • Views: 

    6302
  • Downloads: 

    0
Abstract: 

Vitiligo is a pigmentation disorder in which melanocytes; the cells that make pigment in the skin are destroyed. As a result, white patches appear on the skin in different parts of the body. Vitiligo affects males and females of all races equally. Its study significance in Islamic texts was due to some religious prescripts in which such a disease has been considered as one of the conditions that might revoke the marriage contract of a couple in accordance with jurisprudence and legal edicts. This research was an analytic-descriptive investigation that intended to explain why some of the jurisprudents considered the vitiligo to be particularly true to women and some others took it as equally common conditions to men and women. With referring to jurisprudence references, Shiite and Sunni prescripts and religious decrees jurisprudents and lawyers doctrines and analyzing their documentations, it was concluded that famous Shiite jurisprudents and consequently the Islamic Republic of Iran civil laws considered the vitiligo to be particularly true to women. To prove their points of view they discussed and invoked the hadith, a record of the words and deeds of the Prophet of Islam and Imams of the Shiite. Some other of Shiite and the Sunni jurisprudents also took the vitiligo as the equally common conditions to men and women. They cited the hadith to justify their prescripts too.

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

View 6302

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 1
Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    11-30
Measures: 
  • Citations: 

    0
  • Views: 

    1306
  • Downloads: 

    0
Abstract: 

Award to the wrong verdict must be prevented, so check for the annulment of the award directions, and reviews examples of the rights of cancellation of the same or different and UNCITRAL rules, and familiarity with the annulment of the mechanisms of health Amrdavry would be necessary. The study consists of three chapters, the first chapter is an overview of the concepts discussed. inference is consistent with the rights of cancellations. In the third chapter, the competent authority of the revocation and annulment of the arbitration award in the case study at the end of the revocation expressed. Due to the reliance on the provisions of the Convention in New York to protest the UNCITRAL Qvaddavry verdict was given and the cancellation of these rules can be extracted Such that it can be traced to a lack of conflict resolution rules. And according to the law of international trade is also inspired by the UNCITRAL Model Law Therefore, it has the closest match possible, and in some cases, in addition to the revocation of voting rights cases such as the award was mayhem. Relating to the validity of arbitration agreements, subject to Article 139 Q. a. It seems to sum up the different views Cancel. The invalidity of the arbitration agreement which they concluded that no principle is the end that this is the cause for annulment of arbitration award. Annulment of the decision of the competent authority to deal with the case in a court of law, civil procedure, which shall be submitted to arbitration or jurisdiction over the party's And the law of international commercial arbitration court in the provincial capital, the seat of arbitration is located And as long as the seat of arbitration is not specified Tehran General Court.

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

View 1306

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2010
  • Volume: 

    43
  • Issue: 

    1
  • Pages: 

    99-118
Measures: 
  • Citations: 

    0
  • Views: 

    2189
  • Downloads: 

    0
Abstract: 

Prominent contemporary Jurist and commentator, Ayatollah Khu’i opines a comprehensive theory about the Naskh in Al-Bayan. He challenges all claims of Naskh in Quran by setting some conditions, except in one case. Considering that the concept of Naskh is not an optional concept and it has religious effects, it can be expanded or restricted only with valid evidence and foundations. In this paper, his several conditions for Naskh are extracted. Then three foundations have been determined to Judge about Naskh conditions. They are: “True meaning of lexical”, “Applications in Quran and Hadith” and “rational and theological requirements”. Finally only two conditions can be considered as main conditions. They are: Serious conflict between Quran verses and Asynchronous between legislation and revocation. Subsidiary condition is that the verse must be an imperative sentence. By accepting of this comment, viewpoints of Quranic Scholars, Hadiths and Jurisprudence results can be converged. In his Jurisprudence books some of these verses are not considered as a revoked verse.

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

View 2189

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 1
Issue Info: 
  • Year: 

    2019
  • Volume: 

    32
  • Issue: 

    9 (TRANSACTIONS C: Aspects)
  • Pages: 

    1290-1298
Measures: 
  • Citations: 

    0
  • Views: 

    202
  • Downloads: 

    72
Abstract: 

Security and privacy are very important challenges for outsourced private data over cloud storages. By taking Attribute-Based Encryption (ABE) for Access Control (AC) purpose we use fine-grained AC over cloud storage. In this paper, we extend previous Ciphertext Policy ABE (CP-ABE) schemes especially for mobile and resource-constrained devices in a cloud computing environment in two aspects, a novel authentication mechanism and a new revocation approach. To wide-spread adoptions of ABE for a resource-constrained device, a very light-weight authentication mechanism is required to authentication ciphertext before starting cost expensive ABE techniques to thwart Denial-of-Service (DoS) attacks which are used to power depletion and network downing purposes by attackers. We introduce and address the problem to more robustness of whole networks when DoS attacks are present. Moreover, we propose an efficient revocation mechanism which is a very important challenge in the context. Finally with a discussion on different aspects of the proposal and extensive experimental results we show its profitability.

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

View 202

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 72 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2017
  • Volume: 

    12
  • Issue: 

    30
  • Pages: 

    11-39
Measures: 
  • Citations: 

    0
  • Views: 

    2769
  • Downloads: 

    0
Abstract: 

As we know, the validity and credit of ancertificate (official document) is supposed as one of its most important effects, but in some cases, in order to protect the rights of individuals, the legislator has been able to abandon this value and the credit of the official document. Regarding to the fact that the rules and regulations are formally and naturally expandedon the adjusting or setting of official documents, their violation, wrongly orfaultily, in addition to be supposed as an offense or a crime, can also lead to the cancellation of that document.But it should be noted that the occurrence of any violation cannot be considered as a cancellation of official documents. The most obvious cases that could lead to the cancellation of an official document are the issuance of proprietary documents. This is due to the misconduct or violation of the competent authorities. However, the legal formalities for the adjustment of official documents are completely obvious and clear. But, the effects of the revocation of these documents are important for the beneficiaries and relevant authorities. This ambiguity leads to waste of cost and time, confusion, disagreement, and prolongation of the investigation process. So, in this paper, the elements and attributes of the proprietary documents, the invalidation process, and its effects, are cited with a documentary evidence of the Supreme Court to identify the optimal result.

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

View 2769

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
litScript
telegram sharing button
whatsapp sharing button
linkedin sharing button
twitter sharing button
email sharing button
email sharing button
email sharing button
sharethis sharing button