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Issue Info: 
  • Year: 

    2021
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    1-8
Measures: 
  • Citations: 

    0
  • Views: 

    106
  • Downloads: 

    75
Abstract: 

Background: Basically, in any contract, the parties estimate their potential profit and loss and then enter into a contract. However, sometimes the circumstances and circumstances of the time of the contract change so much and make the implementation of the contract heavy and costly. In these circumstances, the implementation of the contract is difficult. This study aimed to investigate the difficulty of contract implementation in Iranian Civil code and commerce from an ethical perspective. Conclusion: In jurisprudence, there is a special rule called "invalidity of the whole contract with the excuse of fulfillment in content", which has become one of the general rules of contracts in jurisprudence. This rule implies the concept that if after the conclusion of the contract, the fulfillment of the obligations arising from the contract becomes impossible forever, the implementation of the content of the contract and its obligations is not necessary and the transaction is void. Iranian law deals with this issue in Articles 227 and 229 of the Civil Code, and conditions such as foreignness and the inevitability and unpredictability of the excuse are considered for the realization of the title of excuse for the execution of the contract. The realized excuse, as the case, will cause the contract to be dissolved or its execution to be suspended until the obstacle is removed.

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    86
  • Issue: 

    120
  • Pages: 

    251-278
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    7
Abstract: 

The purpose of the parties to a contract is the emergence of its results and effects and legal principles guarantee the stability, validity and reliability of contracts. However, the nature of the object of the contract and various events beyond the parties` control may lead to the impossibility of the execution of the contract. Different situations can lead to the lapse of contract; for example, physical destruction, and the loss of a future object or illegality. The Iranian and French laws do not expressly declare the legal status of the legal relationship in various cases of lapse of contract. Dissolution, lapse, nullity, retroactive and judicial termination are among the descriptions mentioned in this regard. This inconsistency is seen both in case law and doctrinal theories. But in 2016 revision of the French contract law, through study of the case law and doctrine in a descriptive and analytical method, caducite was introduced, which could resolve the mess; It is the sanction for a contract validly concluded, but lacking an essential element following a subsequent event. One of the essential elements in a contract is the object, the loss of which leads to the automatic and non-retroactive lapse. This experience can inspire Iranian lawmakers to better lead the case law on the loss of the object of contracts, by categorizing the causes of the impossibility of the execution of contract due to the loss of its object.

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

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    -
  • Issue: 

    10
  • Pages: 

    147-170
Measures: 
  • Citations: 

    0
  • Views: 

    1091
  • Downloads: 

    0
Abstract: 

The time and date of the execution are of conditions which effect on the relation of both parties in the execution of the obligation. In most legal systems, the fundamental principle is the governance of both parties’ intent in the determination of the time of contract execution and then law, court and custom play roles. If the time of the execution of the obligation is determined the obliged can carry out it before the fixed date is the subject of argument which is studied by this note? The effects of early execution of agreement are dissimilar due to the time of the contract execution is as a condition within a contract or it is as a stipulation of the main subject. The quiddity of this execution can be unilateral or bilateral contract or a legal fact and attitudes of non-acceptance or restricted acceptance have been determined. The present note has divided this subject according to this the period of time is in favor of whom that in the implicit or direct agreement of both parties or with consideration of situations and circumstances and interprets the silent situation that it is in favor of the contractor.

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

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Author(s): 

Mokhtari rahim | Zare Hadi

Issue Info: 
  • Year: 

    2024
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    48-71
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    0
Abstract: 

Smart contracts on the blockchain represent a novel form of electronic contracts. These contracts are distinguished from both traditional and digital (other electronic) contracts by their self-execution, which occurs without human intervention due to their AI-based nature. This paper aims to address the following question: Given the self-execution feature of these contracts, is it possible to breach them? If so, how would the smart contract respond? These contracts are new and, as a result, there are no particular laws governing them. To answer the said question, this paper analyzed smart contracts within the context of established legal principles and regulations. While such contracts reduce the likelihood of contractual violations significantly, it is not possible to eliminate this probability entirely. As a result, it is essential to examine the role of sanctions for the execution of smart contracts. In examining instances of non-performance of obligations, this study focused on the role of the self-execution feature of smart contracts in applying the sanctions. To be applicable, a sanction needs be coded in the contract in advance because the principle of immutability governs the blockchain. It also merits mention that some sanctions need human intervention to be applied, and the smart contract cannot automatically self-execute them. Therefore, smarts contracts execute and apply these sanctions directly and indirectly

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

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Journal: 

Depiction of Health

Issue Info: 
  • Year: 

    2017
  • Volume: 

    8
  • Issue: 

    2
  • Pages: 

    111-118
Measures: 
  • Citations: 

    1
  • Views: 

    1178
  • Downloads: 

    0
Abstract: 

Background and Objectives: Nursing is one of the largest groups of health care providers that needs updated information to improve quality and quantity of health care services, clinical activities, etc. In the meantime, evidence-based databases (such as Up-To-date Database) significantly contribute to improve performance and efficiency of health services by providing the latest findings on health issues. The present study aimed to survey the information seeking behavior and information needs of nurses working in Ahvaz hospitals affiliated with Jundishapur University of Medical Sciences in using Up-To-date database.Material and Methods: In this descriptive-analytical study, the statistical population consisted of 1246 nurses working in hospitals of Ahvaz University of Medical Sciences among which 293 nurses were selected. The required data were collected using a questionnaire developed by the researcher. Validity and reliability of the questionnaire were confirmed by Cronbach's alpha coefficient as 0.71. Descriptive statistics and Kruskal-Wallis Test were used for data analysis.Results: The results showed that most of the nurses needed information about new developments in the field of nursing and medications. A majority of the nurses used simple searching technique to find the required information. Most of the nurses aimed to update their information using Up-To-date Database. The main barrier to update information was shortage of time.Conclusion: Therefore, it is essential to teach information skills to nurses; so that they can access modern and updated information in the field of nursing and obtain the latest information in this field from evidence-based information sources and databases.

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

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Author(s): 

ROUHI ELHAM | Moradi Meysam

Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    73-94
Measures: 
  • Citations: 

    0
  • Views: 

    661
  • Downloads: 

    0
Abstract: 

Man's honor and dignity are as valuable and respectful to him as his life. Living in the community requires maintaining a reputation. Therefore, human beings do their best to maintain their dignity. For this reason, he considers the behaviors that harmed the honor and dignity of the person as a crime and punishable. Crimes against the spiritual dignity of individuals are a group of crimes that damage the honor and reputation of the victim, which may not be compensable. The main crimes against moral dignity in Iranian criminal law are insult, defamation, spreading lies and blasphemy. In this study, we intend to examine the legal system governing crimes against dignity. The method of collecting information is in the form of receipts and libraries.

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

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    173-200
Measures: 
  • Citations: 

    0
  • Views: 

    164
  • Downloads: 

    33
Abstract: 

ABSTRACT Over the past 50 years since the first research in the field of urban development implementation plans, there has been a noticeable absence of a comprehensive literature review on this topic in the global arena. This article provides a textual analysis related to the subject of urban development implementation plans, to identify important and recurring themes alongside analyzing the relationships between authors, journals, and countries in this field. Along with the bibliographic analysis, documents related to the field of urban development implementation plans were reviewed to identify influential indicators in their implementation. To this end, 456 scientific articles were extracted from the Scopus scientific database as of October 28th, 2022, and analyzed using scientometric software. These analyses include examining author keywords, country co-authorships, journal bibliographic coupling, and author co-citations. In this study, 74 final indicators were identified as the most recurrent indicators in this field. The bibliographic analysis also produced several noteworthy results. The United States is the most active country in this field, with a link strength of 40 and 176 articles. Berke, P. is the most influential author in this field, with a link strength of 1623 and 99 citations. Among the journals examined, "Land Use Policy" has the highest bibliographic coupling strength of 84, and the "Journal of the American Planning Association" has the highest number of documents related to this field, with 22 documents; finally, among the identified. Extended Abstract Introduction The implementation of urban development projects has been a neglected topic in public policy research, despite its critical importance in ensuring the success of such projects. While there have been numerous studies on the factors that contribute to the success or failure of policy implementation, there has been a lack of systematic reviews on the subject of implementation as a whole. This study aims to address this gap in knowledge by providing a comprehensive overview of the implementation process of urban development projects. This study aims to address this gap in knowledge by providing a comprehensive overview of the implementation process of urban development projects. The study begins by collecting and categorizing existing research in the field, focusing on three main questions: -What are the key indicators for successful implementation? -What are urban journals and articles' current trends and performance? -How do countries and researchers collaborate in this area? The study also examines the relationships between authors, publishers, and different types of documents through bibliographic analysis. Ultimately, this study highlights the need for further research and a more structured approach to understanding the implementation process of urban development projects.   Methodology This study examined the literature related to implementation and evaluation plans in urban and land use planning. The authors used the Scopus database to extract and collect data, focusing on combining the keywords "implementation-plan" and "evaluation-plan" in the keywords, abstracts, and titles. Initially, 621 studies were extracted, but 456 articles were selected as the final database after filtering out non-article documents. The authors observed a general upward trend for studies from 1968 to 2022, with a significant increase in the slope of the trend from 2007. However, a slight decrease in studies was observed in 2021 and 2022, possibly due to the global pandemic and the emergence of new related topics. The authors used a four-stage process to analyze the bibliographic subject of the study, including simultaneous occurrence analysis, co-authorship analysis, bibliographic coupling analysis, co-citation analysis, content analysis, and thematic analysis. The authors identified the selected articles' research objectives, methodologies, findings, and main themes and sub-themes. Overall, this study provides a comprehensive analysis of the literature on implementation and evaluation plans in urban and land use planning.   Results and discussion This research aims to comprehensively analyze the implementation and execution of urban development plans using bibliometrics and systematic analysis. The study considers evaluation as a crucial part of the implementation process and seeks to answer three fundamental questions. Firstly, it identifies effective indicators of implementation and execution globally. Secondly, it examines the trends and performances of new articles and urban journals. Thirdly, it investigates the pattern of cooperation among countries and researchers. The study identifies 74 general indicators that significantly impact the implementation process of urban plans. The results show that "performance evaluation," "effectiveness," "land use," "zonation," "participation," "program quality," and "implementation program" are critical indicators in this area. The study also highlights the importance of evaluation in the discussion of program implementation and its separability from the implementation process. Using the scientometric software VOSviewer, the study analyzed 68 keywords related to the bibliographic topic. "Program evaluation" obtained the first place, followed by "Program implementation" and "Program quality." The co-authorship analysis based on author items revealed that Berke, P. has the highest number of citations and link strength. Additionally, the study found that 72 countries have research in this field, with 22 countries having at least 5 citations that were clustered into 5 clusters by the software. The "land use policy" journal had the highest link strength, and the "Journal of the American planning association" had the highest number of documents related to this field. In conclusion, the study provides valuable insights for policymakers and researchers interested in urban development planning. It comprehensively examines the implementation and execution of urban development plans, identifies effective indicators, and investigates the pattern of cooperation among countries and researchers. The study highlights the importance of evaluation in the implementation process and its separability from the implementation process.   Conclusion The main goal of this research was to fill the gap in research on the implementation and execution of urban development projects in the field, as no systematic review of the topic has been conducted from a global perspective since the first research in this field about half a century ago. Only in some studies, such as those by Talen (1996), Oliveira & Pinho (2010), Rudolf & Grădinaru (2017), has the evaluation of implementation been systematically reviewed, or the systematic review of experiences in a specific urban area, such as the review of various experiences in the Beijing urban area (Chu, 2020). In this research, with the comprehensive approach that the evaluation of implementation is an integral part of the overall process of implementing and executing urban development projects, this process has been examined from the perspective of bibliometrics and systematic analysis of this field. The main difference of this research, which makes it completely new, is firstly having a comprehensive approach to the implementation field, where program evaluation is only an important part of its structure, and secondly, using the scientometric software VOSviewer for the first time in this field. In essence, the conclusive outcomes of this investigation were entirely novel and exhibited some partial congruences with antecedent studies in the domain of appraising and discerning indicators. Significantly, this research has conferred a systematic appraisal of the literature concerning the urban implementation and execution of projects, which is an unprecedented contribution. It should be acknowledged that this is an initial survey of data intended to offer a comprehensive outlook on this scholarly field, and thus it is subject to certain limitations, such as its confinement to the Scopus database. As such, it is recommended that future research endeavors encompass an analysis of additional databases and undertake comparative evaluations of the results. Funding There is no funding support.   Authors’ Contribution Authors contributed equally to the conceptualization and writing of the article. All of the authors approved thecontent of the manuscript and agreed on all aspects of the work declaration of competing interest none. Conflict of Interest Authors declared no conflict of interest.   Acknowledgments  We are grateful to all the scientific consultants of this paper.

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

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    212-222
Measures: 
  • Citations: 

    0
  • Views: 

    7
  • Downloads: 

    0
Abstract: 

The most important principle in concluding a contract is the possibility of its execution. The discussion of adjustment in the contractual implementation and the guarantee of its implementation is raised if after the conclusion of the contract due to reasons that are not attributable to the contracting parties, its implementation becomes impossible. Obstruction in contract execution is an important issue in most legal systems such as England, while there are differences regarding this issue.According to Article 229 of the Civil Code of Iran, the obligor is exempted from fulfilling the obligation. However, if due to the occurrence of accidents and changes in the circumstances at the time of the conclusion of the contract, the execution of the contract causes excessive difficulty or unusual loss for the obligee, and at the same time the execution of the obligation is not impossible, the law of our country does not provide a clear solution in this case. slowIn this article, we will do a comparative study of the conditions and obligation of the rule of default in Iranian law and the conditions of contract adjustment in English law and how to implement it and we will state the differences. In fact, the goal of achieving uniform rules based on comparative legal principles will be to create a uniform procedure for judicial courts.

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

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Author(s): 

Fallah Yakhdani Mohammad Hossein | TAGHI ZADEH IBRAHIM | SARBAZIAN MAJID | Heidari Monavvar Hossein | Najafi Azaheh

Journal: 

Issue Info: 
  • Year: 

    2019
  • Volume: 

    51
  • Issue: 

    3 (118)
  • Pages: 

    115-135
Measures: 
  • Citations: 

    0
  • Views: 

    336
  • Downloads: 

    0
Abstract: 

In the law of international contracts, the suspension right remedy due to the anticipatory breach of contract has been accepted based on multiple foundations. Under this right, the creditor who, before the due date of fulfillment of obligation has, reasonably, concluded that the debtor, for any reason, would not perform their obligation, has the option to suspend his obligation according to the objective aspects criterion and after considering all surrounding circumstances of the case. In this paper, through a comparative approach in the Vienna Convention, its jurisprudential and Usuli feasibility in Islamic law will be studied and while presenting the suggested bases, by resorting to the rule of existence premise (moghaddameh vojoudieh) and the rules and issues originated from it such as rational, subordinate and annihilatory premises (moghaddameh mofavveteh), the main discussed issue (execution of the right to suspend in anticipatory breach) and the disputed actual breach may be proven so that the status of this remedy is established and strengthened in the Iranian Civil Code.

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

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    6
  • Issue: 

    1 (21)
  • Pages: 

    1-16
Measures: 
  • Citations: 

    0
  • Views: 

    545
  • Downloads: 

    0
Abstract: 

"The software protection against analysis has become an important issue in the field of computer engineering. The symbolic execution method, as an approach to explore execution paths and conditions of the program, is recently considered. Therefore, developers try to protect their code to prevent against symbolic execution. A successful symbolic execution has extracted the provisions of all paths in the form of a symbolic tree. Therefore, we can prevent the symbolic execution of a program to protect the code in several different ways and hide paths from the view of analysts. This paper focused on obfuscating the condition for behavior so that in the case of symbolic execution analyst can not find the right conditions of a behavior. For this purpose, a new agenda is presented to add some new variables to the execution path that they are related to the program variables to confuse constraint solvers and build many new fake paths in the form of the symbolic tree. Results showed that symbolic analysis tools are unable to obtain all paths after obfuscation.

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

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