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Author(s): 

Abdi Saeed reza

Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2020
  • Volume: 

    23
  • Issue: 

    LAW and COVID- 19
  • Pages: 

    199-214
Measures: 
  • Citations: 

    0
  • Views: 

    107
  • Downloads: 

    0
Abstract: 

The policies and strategies of the countries in the face of the Corona crisis are partly inspired by global policies and partly the result of national measures. The International Labor Organization (ILO) has issued recommendations to workers and businesses to help and compensate for the immediate negative consequences of the disease. In this regard, the use of financial and monetary instruments, loans, public investment in the health sector, support for businesses to maintain jobs and stay in business, and finally "emphasis on the use of social dialogue capacity between social partners (government, Workers and employers) is of serious interestIn our country, however, limited and temporary measures have been taken to provide financial support to employers and businesses that are positive and in line with global policies, such as granting deadlines for paying all kinds of expenses such as employer's share premiums, energy costs., Leased property, government leases, low-interest loans, etc. However, inadequate economic infrastructure, which over the years has minimized the desire to enforce labor law on private sector workers, and the weakness of regulatory and inspection tools in the authorities to enforce the law, have failed many workers before the crisis. It will then get worse. Perhaps only "in the case of regulation, granting concessions and facilities to employers is conditional on maintaining the employment relationship and not dismissing employees, the only special privilege of this group compared to other members of society, which can be suspected of its practical occurrence. "

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Author(s): 

WALLER W.S.

Issue Info: 
  • Year: 

    1994
  • Volume: 

    10
  • Issue: 

    2
  • Pages: 

    699-720
Measures: 
  • Citations: 

    1
  • Views: 

    115
  • 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: 

    2019
  • Volume: 

    21
  • Issue: 

    3
  • Pages: 

    392-416
Measures: 
  • Citations: 

    0
  • Views: 

    658
  • Downloads: 

    0
Abstract: 

Objective: In this paper, while introducing Heston's model of stochastic variance, regarding the jump process and the long-term memory feature of prices, a new model for pricing subordinate shares is presented. In the following, the performance of this model is discussed in comparison to the two other models of random variance, Heston and Bates. Methods: In this research, the Fractional-Jump Heston Model has been created through combining the jump process and Hurst exponent. The new model has been generated while the long-term memory characteristics of the stock market price trends and the vulnerability of prices in response to sudden changes have been taken into consideration. Then we have determined the characteristic function of the underlying asset price process in the new model, which has been used to derive a formula for subordinate shares pricing using the Monte Carlo method and the variance reduction technique. Results: To test and Compare the option pricing models, we have used the subordinate shares data during 2012-2017. After calibrating and pricing subordinate shares by all three models and comparing the results, it was found that the Fractional-Jump Heston model has a better performance than the other two models in terms of the valuation of Tabai options. Conclusion: The comparison results show that the estimation by the Fractional-Jump Heston model is closer to the actual results of the subordinate shares’ prices, and is better than the two well-known models of stochastic variance, Heston and Bates.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    235-255
Measures: 
  • Citations: 

    0
  • Views: 

    185
  • Downloads: 

    39
Abstract: 

The term in the mortgage is presented in two formats,one is due to the deferred debt and the other is making the mortgage contract temporal for the absolute debt. Although the jurists have considered the first one to be correct, this was not, in the strict sense of the word, making mortgage contract temporal, and it is naturally out of the question, unlike the second form, which is invalidated by consensus. Of course, in jurisprudence and civil rights, in addition to consensus, other arguments have been presented to invalidate this. Among them are the requirement of a mortgage contract, the result of its durability and subordination, the requirement of the literal meaning of the mortgage, and similar cases. In this search, we are looking for an answer to this question: Is making the mortgage contract temporal, correct and possible? For example, can money be mortgaged for two years? Is there a legal basis for the time limit in the debt document? The civil law is silent on this matter, but some jurists have clearly considered the non-limitation of the term as one of the conditions for the validity of the mortgage. The result of the discussion is that if the condition of making temporal is considered invalid due to the opposition to the requirements of the mortgage contract, then the claimant's guarantee will be lost and it will become a normal demand. Therefore, considering the silence of the civil law and the conflicting nature of some issues in jurisprudence and the lack of a research background on this issue, the necessity of the present research becomes clear, in which, by focusing on the reliable sources of Imami law with the help of the library, the analysis of making mortgage temporal will be maid, in the form of an additional condition. Considering the silence of the civil law in this matter, the present article, in a descriptive and analytical method, after examining the history of discussions in the works of jurists, criticizes each of the arguments presented and after making some considerations, finally, taking into account the requirements of the applications, the free will surrounding the contract, the principle of correctness, attention to the purpose of the mortgage (creating confidence in the mortgagor and motivating the payment of debt in the mortgagor) and attention to the rational and case benefits of making contract temporal and legal logic, reaches the conclusion that the agreement on making temporal is correct and it does not conflict with its inherent qualities. At the same time, the alleged consensus on the invalidity of the temporary mortgage is not without controversy, and does not hold up against the evidence of the correctness of making temporal. In general, it seems that the presumption of invalidity or at least doubt in the correctness of making mortgage temporal, in the Islamic and civil law, has led the regulators of these contracts to make the whole contract temporal, in such a way that the interests of the some bank contracts are secured, from the supposed problem of the timing. In fact, with this action, while the bank enjoys the rational benefits of mortgage timing, they also distance themselves from this possible problem. Finally, it should be said that the timing of the mortgage and its inclusion in the official documents, in Iran's legal system, not only does not face any obstacle, but considering its rational benefits, it is also compatible with the legal logic and customs of the society. On the other hand, the need to amend the laws and regulations of the legal system in order to make it more efficient requires that every research should include a section for presenting suggestions to the legislator. Based on this, it is suggested that, like the amendments made in some articles of the civil law, in the years after its approval, in order to clear any doubts, the correctness of the timing of the mortgage should also be included in the text of the civil law, with the following content: "Article 794 bis (recommended): The mortgage contract can be long-term and the condition of the mortgage being long-term is not void. In this case, if the considered time comes before the payment of the debt, it is like that from then on, until the payment of the debt, the mortgage guarantee is not considered and the debt is free of mortgage. In this case, the agreement on making temporal, depending on the case, will be interpreted in line with the conditional will to guarantee religion and its belongings and related matters as much as possible. In any case, the conditional defendant can request the mortgage after fulfilling all his obligations.

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Issue Info: 
  • Year: 

    2002
  • Volume: 

    13
  • Issue: 

    5
  • Pages: 

    545-559
Measures: 
  • Citations: 

    1
  • Views: 

    168
  • 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): 

KARDEL ILWARI ROGHAYEH

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    4 (14)
  • Pages: 

    301-312
Measures: 
  • Citations: 

    1
  • Views: 

    2194
  • Downloads: 

    0
Abstract: 

In study of Bidel’s style and examining numerical subordinates in his poem, this belief may form that one of the arts which is manifested in Indian Literary Style, particularly Bidel’s verse are novel compositions and using number in their structure and they acted as variation factor for lexicons and terms in language. Structure of such compositions and creation of new style and Bidel’s defiance are determinant factor for position of his style among poets from Indian Style of literature. In the present quest, it was tried to refer to structure of numerical subordinates of any type, which were called as disambiguating factors by Shafiee Kadkaniin book of “Poet of Mirrors” and also novel compositions and new concepts of Bidel’s sonnets and analysis on their link so that one of poetical techniques of Bidel to be displayed. It is noteworthy that all prototype examples of sonnets of Bidel Dehlavi were derived from Bidel’s poetic collection, which was edited by Akbar Baharvand and Parviz Abbasi Dakani etc.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    151-176
Measures: 
  • Citations: 

    0
  • Views: 

    96
  • Downloads: 

    14
Abstract: 

Audience of the Islamic Penal Code 1392 in counting the types of punishment is real person and legal entities. Observance of the principle of equality and non-discrimination and philosophical justifications for the application of punishment require that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. But by looking at the type of subordinate punishments provided in the said law, it becomes clear that these punishments are specific to real persons and cannot be applied to legal entities. In this regard, this article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities and in the end, this result is achieved which according to legal and philosophical justifications, subordinate punishments must be imposed on legal entities. On this basis, all kinds of punishments that can be applied to these institutions, are mentioned and finally, how to reach rehabilitation from these punishments is also described.  1. IntroductionIn most legal systems of the world, Except for imposing the main punishment on the convict, other punishments are provided as subordinate punishment and deprives him of social rights for a while, that Should makes sense. Because the expectations of public opinion and the requirements of some jobs require that if a person committed a crime, does not get hired immediately for important jobs or cannot use some special privileges. Because this person has shown his anti-social status by committing a crime and it is possible that if he is assigned to the mentioned jobs, the temptation to commit a crime reappears in him. Therefore, it is necessary to deprive some jobs and privileges under the title of social rights for a while after the execution of the main punishment. The same argument can be applied to legal entities. Not only is there the possibility of a crime being committed by legal persons, but because of the breadth and scope of the crime, the consequences of their crimes are far greater.  In addition, legal entities have the same rights and obligations as natural persons, and may take on sensitive jobs and situations.  Hence, it is illogical to apply only the main punishment to these people and be able to enjoy social rights immediately, therefore, it should be possible that that subordinate punishment be applied to them as well.In addition, the execution of the main punishment may not have a specific deterrent in practice and apply immediately. But the imposition of subordinate punishment, or the deprivation of certain social rights, can lead to more deterrence, as is the case with real people. For example, young people, educated people, or employees may not have much fear of the original punishment if they commit a crime. Rather, one of the most important questions in their minds is whether they are deprived of social rights or not. Hence, subordinate punishment, in addition to achieving the goal of deterrence, also brings the criminal justice system closer to the administration of justice. In fact, legal entities, especially in financial penalties such as fines, are not greatly affected by the execution of the penalty, however, the fear of imposing a subordinate punishment or its application in case of committing a crime will have a certain deterrent in practice. 2. MethodologyThis article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities. 3. Results and discussionIn this regard, in addition to accepting criminal liability of legal entities, how to apply the types of applicable penalties to these entities is an important issue. Address of the Islamic Penal Code adopted in 1392 in counting the types of punishment is natural and legal persons. Observance of the principle of equality prescribes that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. Because with the recognition of the criminal responsibility of this group of persons in the Islamic Penal Code approved in 1392, there is no longer any doubt that they will be held responsible for their criminal behavior. But by looking at the type of subordinate punishments provided for in that law, it becomes clear that these punishments are specific to natural persons and cannot be applied to legal persons.   ConclusionIn the end, this result is achieved which is based on legal and criminological justifications, subordinate punishments must be imposed on legal entities. On this basis, in order to achieve these goals, it is necessary for the legislator to provide subordinate punishments for legal entities. In this regard, some cases should be suggested, which is like deprivation of social rights for individuals, it can have a similar effect. Borrowing from banks and financial institutions, participating in auctions and tenders, changing citizenship, etc. is a social right and privilege for legal entities, that deprivation of them can be considered as an appropriate and subordinate punishment for these person. It should be noted that this punishment must have a duration and then the legal person achieves the restoration of dignity so as not to destroy the efficiency of legal entities and in a way motivate legal entities to continue their activities. Selection of ReferencesDoyl, Ch. (2007), “Corporate Criminal Liability: An Overview of Freedom Law”, Congressional Research Service, Vol. 30, October 2013, pp. 14. 2. Weissman, Andrew; & David Newman, “Rethinking Criminal Corporate Liability”, Indiana Law Journal, Vol. 84.Duff, R. A. (2001), ounishment, oommunication, and oommunity, oxford oniversity oress.Hart, H, L. A. (2008), Punishment and responsibility, essays in the philosophy of law, second edition, oxford university press.Henning, Peter J. (2009), “Corporate criminal liability and the potential for rehabilitation”, Wayne State university law school legal studies research paper series No. 09-21. (pp. 2-21).Lee, Lan, B. (2011), “Corporate Crimimnal Responsibility as Team Member Responsibility” Oxford Journal of Legal Studies, Vol. 31, Issue 4, Winter, pp. 755- 781.Martinson, R. (1974), “What Works? Questions and Answers about Prison Reform”, the Public Interest, vol. 35.Mirsaeedi, M. (2011), “Criminal liability”, vol 1, third edition, Tehran, Mizan Publications [In Persian].Rahmdel, M. (2019), “Criminal liability of legal entities in the penal system of Iran and Germany”, The Journal of Criminal Law Research, tenth year, the first number,  pp.57- 80, [In Persian].Sharifi, M. (2019), “A reflection on the models of criminal responsibility of legal entities” (Study of the criminal systems of the United States, Australia and Iran), Journal of Legal Studies, vol 11, the first number: pp. 95- 129, [In Persian].Thomas, W. Robert. (2019), Incapacitating Criminal corporations, Vanderbilt law review, Vol. 72:3:905.

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Author(s): 

ELANGOVAN A.R. | XIE J.L.

Issue Info: 
  • Year: 

    2000
  • Volume: 

    21
  • Issue: 

    6
  • Pages: 

    319-328
Measures: 
  • Citations: 

    1
  • Views: 

    154
  • 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): 

AFZA M.

Journal: 

VIKALPA

Issue Info: 
  • Year: 

    2005
  • Volume: 

    30
  • Issue: 

    3
  • Pages: 

    11-19
Measures: 
  • Citations: 

    1
  • Views: 

    146
  • 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): 

FAYAZ E. | RAHMANI J.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    57-79
Measures: 
  • Citations: 

    4
  • Views: 

    2085
  • Downloads: 

    0
Abstract: 

This paper specifically focuses on heyatha which are known as "new style" in maddahi and azadari in the recent decades as well as on their audience. The theoretical foundation of the research is used from anthropological interpretive methodology of c1iford Girtz. Heyatha could be seen as religious crowd possessing urban features. The range of their audience is far more various than those of mosques. The second half of the 1990s decade experienced the tremendous expanding of" new style" heyatha and their content in the urban space as well as acute youths attitude to them. In general, today this new discourse has dominated azadari in the urban space particularly the subordinate youths centers. The Karbala .discourse is the most important religious discourse which provides them with the main religious framework to make sense Shiite and its ritual and action based on this sense.

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