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Issue Info: 
  • Year: 

    2022
  • Volume: 

    10
  • Issue: 

    27
  • Pages: 

    51-67
Measures: 
  • Citations: 

    0
  • Views: 

    277
  • Downloads: 

    0
Abstract: 

According to the verse 35 of Surah Nesa, when the separation is likely to happen between couples, each of the couples needs to choose a person as an arbitrator who judges them. Reform has many and varied examples, and preaching is not sufficient for that. If arbitrators' recommendations are not taken into consideration by the couples, the reform does not happen. This descriptive-documentary study was conducted with the aim of investigating the importance of commitment of couples who want the separation to arbitrators' decisions and determining the execution guarantee of these decisions,thus, valid jurisprudential sources, law and interpretation written sources, and legal documents were reviewed. The results showed that the obligatory implication of the Sharia address, the need to issue an arbitrator and paying attention to the nature of arbitration, the necessity of following judges' decisions, and the necessity of fulfilling the conditions that are set for the reform of relationships, are confirmed. Jurisprudentially, the execution guarantee can be a Tazir from ruler, which in law is confined to the necessity of referring to the judgment. Therefore, the law, in terms of its effectiveness on the arbitration in the divorce referral cases, needs to fill the gap and provide the execution guarantees that are consistent with couples' relationships.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2021
  • Volume: 

    9
  • Issue: 

    35
  • Pages: 

    157-186
Measures: 
  • Citations: 

    0
  • Views: 

    90
  • Downloads: 

    20
Abstract: 

A reasoned opinion is a decision that a judge and an arbitrator identify, analyze and describe all aspects of the action and the legal event. The purpose of the documentary vote is to find a legal framework for the event or legal act. Justification has the same meaning as reasoning, but it is different from reasoning. Description is a legal technique that connects subject matter to judgment. In order to issue a verdict, the judge first examines the origin of the plaintiff's request and, by discovering the truth, describes the act and the legal event, and finally selects its legal form, and based on that, fulfill the sentence and issues the verdict. This research deals with the role, position and effect of reasoned, documented and justified opinion in ensuring judicial justice and the rights of the parties and guaranteeing the non-observance of these factors, which, as the case may be, is related to compensation for the damages, disciplinary violations and criminal offenses. Therefore, first, the concept and nature of reasoning, documentary, justification of the verdict, its examination and difference with the legal description of the case, and its effects are determined.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    25
  • Pages: 

    177-191
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

One of the types of the condition of the act is the condition of abandoning the legal act, in which not performing a legal act is a condition in the contract. There is a difference of opinion about the enforceable guarantee of violation of the condition of the negative legal act. Some believe that the same effects of refusing the condition of the act What the legislator has stipulated in articles 237 to 239 of the law is also applied here, other ideas are the nullity or lack of penetration of the legal act which is the condition of leaving it. Regarding the enforcement guarantee of the violation of the condition of renunciation of the legal act in the marriage contract, such as the condition of no remarriage or the condition of no divorce, different opinions have been presented. , some others have chosen the theory of non-penetration or invalidity and each of them have put forward specific arguments. It seems that the theory of non-penetration of the legal act, which is the condition of leaving it, is better than other theories and has the ability to be justified, although the theory of the right of termination is not without merit.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    54
  • Issue: 

    2
  • Pages: 

    488-469
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    17
Abstract: 

In Article 239 of the Civil Code of Iran, the effect of violating the condition of the act is the right of termination and obligation in the order of obligation on the right of termination. If we consider the condition as the creator of the right and its existential effect to protect the interests of mashrūṭun lah (person in whose favor a condition is made), the terms and regulations of the condition must be formulated and interpreted in such a way that it practically comes to the help of  the mashrūṭun lah. The order provided in article 239 not only does not meet this expectation, but sometimes itself causes inconvenience and imposes unjust damages on the mashrūṭun lah and violates the rule of the need for full compensation for the contractual damages and causes instability in balance principle. On the other hand, the right of termination does not take precedence over the obligation to cause the submission. Therefore, the provision of both rights, i.e. the option of termination and the possibility of binding optionally, and in case of signing the transaction, claiming a condition as damages based on expediency and envy in each case, has been considered as the chosen view, which is the subject of the present research carried out in a descriptive-analytical method.

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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: 

    56
  • 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

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Author(s): 

Hasan Nezhad Omrani Reza

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    15
  • Pages: 

    303-318
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    0
Abstract: 

execution of the verdict is considered as the ultimate goal of a fair trial, and achieving this requires comprehensive and complete investigation and understanding of the subject, concepts, and principles governing it. Based on this, the Administrative Justice Court is facing various challenges in the correct implementation of its rulings. The government, as a defendant against the rulings of the court, is considered an important challenge in the proper implementation of the rulings of the aforementioned authority. Since the most important stages of proceedings in all judicial authorities is the stage of execution of the judgment and basically the goal of the petitioner, the plaintiff and in general every beneficiary of the lawsuit, as well as the attention of the judicial system to the lawsuit and compliance with the related legal principles and formalities, is the execution of the issued judgment, therefore The realization of the right and the application of justice or the end of hostilities depend on the implementation of the decision. The laws related to the implementation of the rulings of the Administrative Court of Justice are mentioned scattered in articles 107 to 119 of the Organization and Procedure Law of the Administrative Court of Justice approved in 2012, and the big problem that occurs in the implementation of these rulings is that the addressee of the implementation of the rulings of the Administrative Court of Justice, the government and because the government, unlike natural persons, has special authority (based on public interest), the ground is provided for the possibility of non-implementation, incorrect implementation or incomplete implementation of the rulings issued by the Administrative Court of Justice. In addition, the concern of reviewing the execution of the rulings of the Administrative Court of Justice is the existence of many challenges and problems facing this institution, including the reluctance of government officials to properly execute the issued rulings and the lack of a guarantee of sufficient execution in this regard, which without a doubt seriously harms the right of citizens to sue and solutions should be found to solve them.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    6
  • Issue: 

    20
  • Pages: 

    155-192
Measures: 
  • Citations: 

    0
  • Views: 

    1221
  • Downloads: 

    0
Abstract: 

The right to a fair trial includes a set of principles and rules as essential minimums for the trial to guarantee the rights of the accused and the dignified treatment of the victim in the criminal process. The importance of observing these principles in criminal proceedings has been such that the legislator has assigned Articles 3 to 6 of the Code of Criminal Procedure adopted in 1392 to these principles. In this context, the legislator has implemented the observance of the principles of fair trial with guarantees in several laws, including the Code of Criminal Procedure. Violation of them is accompanied by criminal, disciplinary, administrative, civil and invalid protection. This article is about that By studying and criticizing this performance guarantee in various laws and regulations, What are the effects of guaranteeing the implementation of violations of the principles of fair trial in the Iranian legal system? "Provide appropriate solutions to further comply with the principles of fair trial in criminal proceedings.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    29
  • Pages: 

    65-86
Measures: 
  • Citations: 

    0
  • Views: 

    2782
  • Downloads: 

    0
Abstract: 

Dowry is a characteristic of Islam legal system and has no similarity in other legal systems. In marriage the man is obligated to finance the acquisition to the woman as it has, or undertake it as an obligation. It can be guaranteed by a third party, like other debts. ZEMAN of paying the dowry subjects to general rules of AGHDE ZEMAN, but considering the emotional aspects of the relationship between two parties of marriage and the effect of dowry and its guarantee over the foundation of family raised issues that cannot and should not be resolved by the help of logical rules. In this paper, we intend to study the principles and theories about man’s obligation to pay dowry, and also to study the legal system governing the warrantee of dowry payment.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    43
  • Pages: 

    9-24
Measures: 
  • Citations: 

    0
  • Views: 

    91
  • Downloads: 

    10
Abstract: 

Sa''dī''s words, such as the paper, have gone hand in hand with This earth globally, and have been spotted on the eyes of readers and enthusiasts of poetry, one of the items that the works of Sheikh Ajil are always enthusiastic about, the sub-continent of India, and from The sentence of this magnanimous Mirzahar Aghpopal is the throttling of Pikandarabadi (1214-1296), which follows Sa''di''s works, and he has three works, called Four Barons, Svanbestan, in response to Sa''di Boulevard and Sa''di''s Golestan Sa''di. In this paper, we compared the guarantees of Golestan Hafez and Sa''di''s effect in expressing the structural property of the effect of speculation, and we examined and categorized the types of guarantees used in his work. Then, by comparing the guarantees provided by Golestan with the hypothesis of yusefy copies Khazaeli, the idolatry of Golestan Saadi, regarding the recording of a fragment of Golestan''s words, the importance of looking at the manuscripts in the subcontinent in the correction of the works of Saadi was pointed out,therefore, the comparison of two books can be from the perspective of correcting Golestan and then Landsat Saadi. Introduction The words of Sheikh Mosleh – ud – Din Saadi have been manipulated among the people of subcontinent for a few centuries. The publication of his works in the subcontinent began earlier than his original home, Iran. Indian subcontinent has the oldest manuscripts of Saadi back to 734, that stored at the Panjab Lahore university ''s Library at Ganje Siirani. The oldest vintage manuscript of Saadi was also found in 770 AH in Delhi (Hamshahri, 2009: May). Generally, the subcontinent was pioneer in publication of Saadi''s works,the first publication of the Generalization of Saadi was in Iran in Tabriz at 1257AD, while this was published 50 years earlier in Calcutta, means at 1205 AD, and then at 1210 AD (R. K. Mashar, 1350: 2317-2314). Also, the numbers of copies of Saadi''s works in subcontinent was more than Iran. By estimating the Moshar list, while the Generalization of Saadi and his choices was published 17 times in Iran and it''s 5 big cities up to 1352 AH, his works in subcontinent was published more than 50 times and in 40 cities. Some of them are incomparable in their kind, such as the printing of Golestan saadi with the image of thefamous painter Lekhneo, Sheikh Qaem Ali Naghash Lekhneoi (R. K. Sadraee, 391: 368). Subsequently, in subcontinent different descriptions, dictionaries, selections, greetings and the translations of Saadi''s works are done in Farsi, Urdu, Punjabi, Sindi, Gujarati and Bengali languages. Beside teaching Saadi''s works in traditional religious schools and new educational centers, research in biography and thoughts of Shirazian Sheikh and reading the Saadi works in meetings of indian Sheikhs are the reasons of popularity and importance of Saadi and his works in subcontinent. The British East India Company also search for Saadi''s works and translate and publish them, such as preachings, Golestan and Bustan and the Divan of Sheikh Saadi in India, especially in Calcutta, to recognize the indianculture, in order to follow out their critical interests (R. K. Anousheh, 2008: 1387 – 1390). In part of this article, the focuse was on the details of the fame of Saadi''s words in India. But despite the extent of subject, this was ignored in Iran and among the researches on Saadi, paying attention to these sources, while being researchers able to familiarize with new readings of Saadi''s works and solving the problem of abstracts and phrases of Saadu, whether in description or in reading and meaning, was useful in other literal areas including rhetoric, terminology, phrasing, the history of language and Persian literature. Along with this, in this article we have tried to correct the Golestan by using one of the Golestan rallies, simultaneously with the examination of types of insertions in this work. 1. 1. Detailed Research Method This article is done in descriptive – analytic method. At first, it was paid to theoretical foundation of research including the impact of Saadi''s word in subcontinent and the introduction of Mirza Hercopal Tafte, based on the exiting books and articles and access to them including the entries of the Encyclopedia of Persian Literature in subcontinent and through indexing the related library resources. Since in some parts of the present research enter to subjects related to correction issues was felt, in an eclectic way, this was confronted some of effects of Golestan with Tafte works and the correction of the issue was proposed. Discussion There are many imitators and influeners of Saadi in subcontinent, from Amir Khosro and Amir Hassan Dwhlavi to later poets such as Zib Magasi, Abdolali Akhond Zade, Sadegh Behqari, Mohammad Sedigh Panjgori, and Keshmiri. Among the Saadi''s works, the more attention was paid to Bustan and Golestan,The Mohammadieh'' description of Molina Mohammad Golhavi (R. K. Sadraee, 2013, 140/1), Bustan''s Bahar of Tikchand name Bahar (the same, 26. /6) are examples of Bustan''s descriptions in subcontinent. The famous Pamphlet of Saadi (کریما ببخش برحال ما) known as Karima (کریما) is as textbook in subcontinent, while this was published in 19 times in India, this work was published only once in Iran (R. K. moshar, 1350: 4/4062). One of the most extensive descriptions in subcontinent is Baran Bahar of Ghiasuddin Rampori (R. K. Sadraee, 105/2). There are many admirations for this work,Shakhe Tooba by Sadegh Bekhari,Tohfe Ghotbe Shahi by Ali – Ben – Tifoor Bastami, two works named Shekarestan, one by Menat Ghamar – al – din Mashhadi and the other by Isri Akbarabadi (1091 AH), Aroose Erfan by Bahri (1130 AH), Badaye – al – Dohor in prose by Bidel Dehlavi (1054-1133 AH), Nakhlestan by Shafique, Nakhlestan by Taj-al –din Modaresi (1214-1274AH) … (R. K. Anoushe 1987: 1391) are some works in this subject. Among the insertions of Golestan we can refer to the works of Mirza Hergopal Tafte Sekandar abadi, the Persian poet in subcontinent in 1799-1800 AD. At first his pen name was Rami, but after his desire to Islam, he chose Tafte. He was the students f Mirza Ghaleb Dehlavi and his best friend and helped to Ashigh Azim Abadi in collection of Nashre Eshgh. He owns five Divan of Persian poetry, Masnavi Sonbolestan (1277 AH) versus Saadi''s Bustan and the insertion of Saadi''s Golestan (1272). The insertion of Golestan include 8 subjects and 4780 verse and unlike the Saadi''s Golestan is entirely versified. In the Saadi''s prelude in subcontinent in encyclopedia of Farsi literature in subcontinent Golestan insertion of Tafte was attributed to Ghaleb Dehlavi. This mistake originates from the Lists of manuscript catalogs,because this version in lists is introduced The Golestan Insrtion by Ghaleb Dehlavi. In this work Tafte had no role except writing the insertion. He used the most of the Saadi''s verses on insertion, deposition, Seeking help and analysis. It can be assumed that perhaps Tafte used the manuscripts of Mahjour in his insertion that is ignored in the present corrections of Golestan,so, the Golestan insertion can be regarded as a new version of Golestan''s verses. In this research after comparative comparison of the Tafte''s Golestaan insertion verses with the copies used by Yosefi, Khazali and Izadparast, we concluded that sometimes in the Tafte''s work we can find some copied of Golestan verses that is not exist in any of the basic and amended versions. We investigated some of these verses in this research. Conclusion The work of Tafte is not coherent. The diverse forms and different rhythms are due to the adherence of poet to insert the most of Golestan verses that not only has different forms and rhythms but also is the combination of poetry and prose. In first look this is a kind of innovation in structure and innovating a new way in poetry, but looking at whole work it can be concluded that Tafte was not able in create general coherence of the work and again by comparing with Golestan as a coherent and harmonic work that used some different ways of speech, he couldn’t make unity and unified structure among the verses and forms. In comparing with Golestan, the other point is due to the many repetitions of. this disadvantage is more significant beside the Golestan that itself is a masterpiece of conciseness. The poetry of Tafte has no Strength and power of fiction. These disadvantages and misunderstandings are significant because the Golestan insertion in comparison is one of the most brilliant literatures of the Iranian history. it seems the Tafte work can’t struggle with this. But with the all this weaknesses and disadvantages, and with the many corrections in subcontinent on Saadi''s works, the Tafte''s work was introduced as one of the representations of Saadi in subcontinent, in research on Saadi it is necessary to look at this works and the other works of subcontintents on Saadi.

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Author(s): 

DARVISHPOUR V.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    15
  • Pages: 

    47-74
Measures: 
  • Citations: 

    0
  • Views: 

    4593
  • Downloads: 

    0
Abstract: 

One of the fundamental and indisputable laws in the Islamic jurisprudence and law is the doctrine of Aqeleh guarantee (paternal relatives of a murderer) which according to that the liability of blood money of mistaken homicide and wound, and whatever is supposed as mistake crimes, like children or mad crimes, is on charge of the Aqeleh of criminal, not the doer himself. In contrast to that is the legal doctrine of "being crimes in person", which is based on rational and narrative proofs, and is equivalent "Vezr" (burden), in jurisprudence, which according to that "everyone is responsible for his (or her) legal act or behavior, and, nobody else is responsible for penalty which based on that act or behavior.As, Aqeleh guarantee is in contrast to this reasoned out doctrine, so, it was, continuously, in attention of jurists. This article, while endeavored to explain the meaning of Aqeleh, and developed its inclusions in compare to its ordinary definitions, has defined the divine law philosophy and conditions of the Aqeleh guarantee. The research concluded that Aqeleh is a governmental judgment which in an especial social condition and in the aim of support synthetic basis of the society was legitimized or divined law by the holy prophet (s),and its survival, during all the times, is depended on those philosophy and conditions.

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