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Author(s): 

BAGHERY ABBAS

Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    28
  • Pages: 

    53-90
Measures: 
  • Citations: 

    0
  • Views: 

    3685
  • Downloads: 

    0
Abstract: 

Right and duty are kinds of subjects that appropriate the most and challenging point of views. Each ideological school considers these issues regarding to its own world view and its own specific values. Islam not only as a religion but also as an ideological school has seen these issues. In other words, the main part of Islam is chain of rights and duties that form a main part of Islamic law.Our research about the concept of right indicates that the common point of right definition in the legal system of Islam and Human rights is its “Privilege of Being”. Whatever is in Islam is “the rights of human” and if it talks about duties, if notice accurately, finally they serve “human rights”. Originality of right is another issue that will be discussed in this paper. In other words, according both systems, right is principle and duty is supplementary and subordinate.Still, there are many important aspects that should be researched. A major study in this field is to identify the most important point of contrast in the territory of Islamic legal system and Human rights.Hence, the writer has tried to study 'right" and "duty" from the perspective of Islamic Rights and Human Rights. Moreover, it has been trying to consider factual manifestation of right and duty in the Constitution of Islamic Republic of Iran- that is actually the integration of Islamic and Human Rights viewpoints (with the superiority of Islamic views).

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Author(s): 

MIRSHEKARI ABBAS

Issue Info: 
  • Year: 

    2017
  • Volume: 

    17
  • Issue: 

    2 (44)
  • Pages: 

    127-147
Measures: 
  • Citations: 

    0
  • Views: 

    1204
  • Downloads: 

    0
Abstract: 

Sometimes, With the permission of the legislature and without agreement between the creditor and the debtor, Certain property of the debtor's property placed in Mortgages of right of creditors. We will call this type of Security, Statutory Security. This legal entity, by Obtaining the pursuit and preferred from law, is as an important exception to Principle of equality of creditors, the exception that favor some creditors over others. In present article, This legal entity is defined and Legal nature, Basis, Instances and Effects of it is analyzed.

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Author(s): 

SAFARDOKHT MOHSEN

Issue Info: 
  • Year: 

    2014
  • Volume: 

    20
  • Issue: 

    63-64
  • Pages: 

    203-227
Measures: 
  • Citations: 

    0
  • Views: 

    1162
  • Downloads: 

    0
Abstract: 

This paper critically reviews the Central Bank of the Republic of China (Taiwan) Act and finds that the level of legal independence of the Central Bank is relatively low compared to the rest of the world. However, Taiwan has been able to combine low inflation with a legally dependent Central Bank. In this paper an attempt is made to provide the possible explanations to this low inflation/low independence puzzle in Taiwan and argue that Taiwan should still follow the trend of creating a more independent Central Bank.

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Author(s): 

JAVID MOHAMMAD JAVAD

Issue Info: 
  • Year: 

    2021
  • Volume: 

    20
  • Issue: 

    11
  • Pages: 

    101-123
Measures: 
  • Citations: 

    0
  • Views: 

    550
  • Downloads: 

    0
Abstract: 

In presenting a lawful image of society, the sociology of law faces the difficultly of constructing a legal definition. Identity analysis is the main issue for the legal and sociological disciplines. Identity as an individual right versus identity as a collective culture creates an unending conflict between legal sociologists inside each discipline. The present paper takes this challenge as an assumption and goes on to focus on the Iranian identity to provide an analysis based on natural rights. The hypothesis is that identity, as a fundamental right, develops outside the society, while identity as culture, though looked upon from a legal perspective, is a right under the statutory rights, which is closer to the sociologist analysis. The value of this perspective in research lies in its presentation of a solution to the deviated analyses of the Iranian identity forged over the past few centuries.

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Journal: 

Issue Info: 
  • Year: 

    2001
  • Volume: 

    17
  • Issue: 

    1 (33)
  • Pages: 

    79-92
Measures: 
  • Citations: 

    0
  • Views: 

    5619
  • Downloads: 

    0
Keywords: 
Abstract: 

The actual or statutory merging of corporations which is between two or more corporations and requires the dissolution of the merged corporation or corporations without liquidation and transferring or assets and liabilities of them to the merging corporation, is a new phenomenon in the contractual relations. In American Law, courts are split on the nature of actual merging. Some of them viewed that it is similar to the sale of assets of merged corporations, others have held that the transfer is not a sale and the parties haven't any role in the transfer, but rather the assets and  liabilities are transferred by operation of law. In UK, courts believe that actual merging is not a sale, as some of American courts do. In Iranian Law, Commercial Act is silent on this issue. But there are some regulations about some of public corporations, including banks and insurance companies, and cooperative companies which resemble American Law. With respect to the legal nature of  actual merging, this performance is encountered many difficulties, even though it may be analyzed under some of the contracts provided in the Civil Act. Because first, in our Law, dissolution without liquidation is not permitted. Second, transfer of liabilities of merged corporation requires innovation. Third, the stock of shareholders is not transferred without their consent. We conclude that it is necessary for the Iranian legislature to enact proper regulations about the merging of corporations preferably, as American law.

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Author(s): 

Moeinifar Mohaddeseh

Issue Info: 
  • Year: 

    2025
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    21-46
Measures: 
  • Citations: 

    0
  • Views: 

    56
  • Downloads: 

    0
Abstract: 

Human procreation and its various features are among the most important topics worldwide. One of the areas of this analysis deals with international human rights documents because these documents show international trends in reproductive rights. Therefore, this paper aims to prepare a venue to understand the definition, nature or entity, scope and content, right - holder and duty bearer, and the obligations of duty-bearers regarding others’ reproductive rights in international human rights organizations. The findings indicated there is no specific and agreed definition of reproductive rights in these human rights documents. The theories (Hohfeld’s theory about a right, the Will - Choice Theory, and the Benefit - Interest Theory) cannot justify the nature of reproductive rights well. There are many epistemological challenges regarding the content and the scope of these reproductive rights and related states’ obligations in those treaties, which made the realization of these reproductive rights difficult or even impossible.

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Author(s): 

ROSENBAUM NELSON

Issue Info: 
  • Year: 

    1980
  • Volume: 

    8
  • Issue: 

    4
  • Pages: 

    575-596
Measures: 
  • Citations: 

    1
  • Views: 

    161
  • 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): 

KHORSANDIAN M.A.

Journal: 

Issue Info: 
  • Year: 

    2004
  • Volume: 

    21
  • Issue: 

    2 (41)
  • Pages: 

    59-76
Measures: 
  • Citations: 

    0
  • Views: 

    6773
  • Downloads: 

    0
Keywords: 
Abstract: 

In Islamic law (jurisprudence), certitude of judge is one of the effective evidences in the rules of evidence. But some lawyers have denied probative value of this personal assurance in judgment. This article analyzes legal approaches to this subject and reviews original sources of this rule. It is argued that we can accept certitude of judge as valid substantive evidence in juridical procedure. This Islamic rule is not accepted by all and there are some limitations in applying it. It is concluded that only qualified cannon judges (Canonicify Cadi) can rely upon this rule. On the other hand, certitude of judge is not considered as evidence in some cases such as adultery. This study proposes that normal certitude could be acceptable but it must not be sensible or sense datum. The paper also shows some inconsistencies between Islamic jurisprudence and statutory provisions in Iran.

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

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Author(s): 

Journal: 

ANIMALS (BASEL)

Issue Info: 
  • Year: 

    2020
  • Volume: 

    11
  • Issue: 

    35
  • Pages: 

    1-36
Measures: 
  • Citations: 

    1
  • Views: 

    35
  • 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): 

STEINHARDT RALPH G.

Journal: 

VANDERBILT LAW REVIEW

Issue Info: 
  • Year: 

    1990
  • Volume: 

    43
  • Issue: 

    -
  • Pages: 

    1103-1114
Measures: 
  • Citations: 

    1
  • Views: 

    82
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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