Search Results/Filters    

Filters

Year

Banks



Expert Group











Full-Text


Author(s): 

ANSARI ALI | DEHGHANI HOSEIN

Journal: 

ADMINISTRATIVE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    109-133
Measures: 
  • Citations: 

    0
  • Views: 

    1540
  • Downloads: 

    0
Abstract: 

One of the common principles in the legal system of procedure, whether administrative or judicial (civil or criminal) in the sphere of domestic and international law, is the principle of good faith. Through this principle, hearing becomes somhow ethical. This feature has a special place in administrative proceedings, one of which is a general government. The concept of good faith is indeterminate, complex, and twofold, and in determining good faith, there is also a multiplicity of criterion. In each of the criterion, the judge plays a pivotal role in the evaluation of good faith. The criterions for diagnosis are based on two basic psychological and behavioral standards. Good faith has three important duties, corrective and Supplementation. In legislation, as well as in the case law, can be avoided by deception, fraud, collusion and...of participants in the proceedings, compensating for the vacuum of silence, conflict and ambiguity in the laws, and added to their satisfaction. Without regard to this rule, the procedural defects will increase, and the important function of the procedure, ensuring substantive, will be to endanger.

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

View 1540

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): 

HAJIPOOR MORTAZA

Issue Info: 
  • Year: 

    2011
  • Volume: 

    3
  • Issue: 

    8-9
  • Pages: 

    94-123
Measures: 
  • Citations: 

    0
  • Views: 

    950
  • Downloads: 

    0
Abstract: 

The study of Emammieh jurisprudence as a legal system, leads us to the fact that Good Faith as a term with a direct legal conception has not been recognized. But this fact dos not implement that Good Faith as a rule is totally elinated from this legal system. In fact, like the legal system of England, ther is some rules and institiotions in Emammieh jurisprudence that have the basis on Good Faith withought any direct reference to the term. As an example, we can reffer to the rules such as Gharar, Tadlis, Ghash, Najash, Taghrir, Biou Al Amanat et al, that by implementing the obligation of some persons to do or not to do some actions, all dealing with the necesity of respecting good faith in interpersonal relations. However, this enforcement of obligation has not the same scope that Good Faith has in other legal systems, especially legal systems based on written law.

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

View 950

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): 

HAJIPOUR MORTAZA

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2012
  • Volume: 

    41
  • Issue: 

    4
  • Pages: 

    83-100
Measures: 
  • Citations: 

    0
  • Views: 

    2920
  • Downloads: 

    0
Abstract: 

Good faith in a total categorization of the term, has classified to protective and obligatory. The obligatory aspect of good faith relates to contract law that implies correct behavior, honesty and respect to others trust and interest. In this conception of the term, good faith implies action or disaction from the parties as a behavioral rule. The morality of the good faith denotes to the fact that this term has the capability to implement different roles in different stages of contract. This role conventionally has the titles such as restricting and completing the rights and obligations of the parties, balancing the contract, interpretative the contract and also playing role as a foundation to other rules and principles.

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

View 2920

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 3
Author(s): 

Jafari Alil

Journal: 

STRATEGY FOR CULTURE

Issue Info: 
  • Year: 

    2016
  • Volume: 

    8
  • Issue: 

    32
  • Pages: 

    147-168
Measures: 
  • Citations: 

    0
  • Views: 

    574
  • Downloads: 

    0
Abstract: 

The legal system of Islam should be able to interact with other legal systems while preserving its principles. One important issue is the assessment of this interaction so that it would not lead to eclecticity. Some jurists speak of compatibility of other legal systems with the Imamiya jurisprudence and Iranian law as soon as they find a referent in a single legal principle. In fact, for proving the compatibility, besides assessing the unity of criterion of the referents of the principle of good faith in Imamiya jurisprudence, one should also study the issue of relationship between good faith and ill will, find out whether prohibition of something requires commandment of its opposite and study implication of prohibition on corruption. The principle of good faith has a positive impact on contracts and proving the prohibition of ill will by the Lawgiver and obtaining unity of criterion from referents of good faith is just the beginning of argumentation not its end. All these preludes to argumentation require contemplation and have some problems. Attempts have been made in this article to pathologically study the German-Roman principle of good faith and also to study how some rings of the Islamization of legal principles have been neglected and what should have been imagined the beginning of the research has been imagined the end of it and accordingly one legal principle has been wrongly considered compatible with the Imamiya jurisprudence.

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

View 574

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): 

Velaei Ali | Jalali Mohammad

Issue Info: 
  • Year: 

    2024
  • Volume: 

    54
  • Issue: 

    4
  • Pages: 

    2127-2151
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

Good faith has five functions in in public law: obligatory, justificatory, interpretative, restrictive, and supportive. Examples of the application of good faith can be traced in the actions of the government or citizens, as well as in the areas of constitutional law, administrative law, and human rights. Good faith in governmental actions has three functions: obligatory, justificatory, and interpretative,however, in the actions of citizens, it has two functions: restrictive and supportive, each of which can be exemplified by laws and judicial practices in various legal systems. The findings mentioned are evaluable in relation to the main issue of this research, which seeks to differentiate between the various functions of good faith in the field of public law and to answer the question: what functions and applications can be identified for the concept of good faith in public law? Although some existing laws and judicial practices can be referenced to derive the aforementioned functions in public law, there is potential for further emphasis on the concept of good faith as a general legal principle, allowing for its citation in judicial decisions and legal doctrine. This could thereby help establish a democratic society based on trust and honesty, considering it a right for citizens.

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

View 21

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): 

ABBASI ESMAEIL

Journal: 

AZAD LEGAL RESEARCHES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    -
  • Issue: 

    2
  • Pages: 

    71-97
Measures: 
  • Citations: 

    0
  • Views: 

    8316
  • Downloads: 

    0
Abstract: 

The term "Good Faith" in contracts could be considered as a simple and easy to grasp and at the same time very sophisticated and difficult concept. Simple because, every individual has a clear understanding of the term "Good Fait" such as having good and not deceitful intentions. Understanding of this apparently simple and clear concept in contracts is difficult and complicated and there are lots of conflicting views and debates about the meaning of this term which shows how difficult is to provide a clear meaning for "Good Faith" could be divided into two main categories. The first group consists of definitions which have positive implications that is to say, by defining what is considered as "Good Faith" and cases that come under this term. an attempt is made to elaborate on this concept. The second group refers to definitions which have negative implications. In other word, what cases are not considered as "Good Faith" but rather lack "Good Faith". Meanwhile, with respect to the definitions provide above for "Good Faith" in contract, it becomes clear that this concept is related to other legal contractual concepts and terms. The main concepts and terms (entities) which are somehow related to the concept of "Good Faith" are: Fair dealing, principle of disclose, Estoppel, Misrepresentation, Abuse of right and Equity. Due to similaries and closeness of the meaning and connotation of these terms and the "Good Faith", in order to have comprehensive understanding of the term "Good Faith" and the related concepts it is imperative to review and make comparison between the above concepts and the term "Good Faith".

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

View 8316

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
Journal: 

BIOETHICS JOURNAL

Issue Info: 
  • Year: 

    2025
  • Volume: 

    15
  • Issue: 

    1
  • Pages: 

    1-13
Measures: 
  • Citations: 

    0
  • Views: 

    9
  • Downloads: 

    0
Abstract: 

Background and Aim: Good faith as an ethical principle, along with the developments of human society and the development of complex social and commercial relationships of the people of the society, has been established in line with human standards, social justice and fairness. This study was conducted with the aim of examining the importance and status of good faith in Production Sharing Contracts. Methods: This research is theoretical in nature and adopts a descriptive–analytical method, with data collection carried out through library research and consultation of legal texts. Ethical Considerations: In the present study, the ethical aspects of library study, including the originality of the texts, honesty, and trustworthiness, have been observed. Findings: The principle of good faith and the obligation to observe it hold a special significance in contract law and govern all stages of a contract, to the extent that the existence of mutual good faith may be regarded as the very framework of any contractual relationship. This principle likewise applies to production sharing agreements. One of the manifestations of compliance with the principle of good faith in production sharing contracts is the transfer of technology. In this context, technology refers to a set of knowledge, products, processes, tools, methods, and systems that are employed in the creation of goods or the provision of services. Contract law is one of the fields in which the principle of good faith, as a standard of customary and fair conduct, plays an active and effective role, and its observance is emphasized throughout all the different stages of the contractual process. Conclusion: Although the observance of the principle of good faith constitutes a reciprocal obligation incumbent upon both parties to the contract, in this category of contracts, due to the lack of adequate legal safeguards and the insufficient protection and effective observance of intellectual property rights by the other party, the contractor, in practice, lacks the necessary willingness to transfer and make available technology to the host country.

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

View 9

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: 

    2014
  • Volume: 

    15
  • Issue: 

    1 (39)
  • Pages: 

    33-57
Measures: 
  • Citations: 

    0
  • Views: 

    1236
  • Downloads: 

    0
Abstract: 

Good faith means doing duties honestly, fairly and logically, duties which two parties of the contract or other contract related third parties expect them from one another. Meta jurisprudential conceptions such as sincerity, justice, fairness and some jurisprudential rules such as irrevocability of contracts, prohibition of causing loss and damage, benefaction and principle of validity are the origins of the principle of good faith in Islamic resources. Therefore, the divine legislator presumes the principle of validity and considering Muslims behavior as valid, a point mentioned and emphasized in the Quran. This rule sometimes functions negatively to express the instances of good faith such as forbidding people from deceiving others. So, with regard to the point that Imamiyyah jurisprudence is the original resource of Iranian law, the legislator can, by inspiring from moral and jurisprudential teachings, legislate the principle of good faith. In this article, some of approaches to good faith in sale contract and contract of mandate will be briefly studied.

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

View 1236

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: 

RELIGION & MYSTICISM

Issue Info: 
  • Year: 

    2020
  • Volume: 

    16
  • Issue: 

    64
  • Pages: 

    56-77
Measures: 
  • Citations: 

    0
  • Views: 

    607
  • Downloads: 

    0
Abstract: 

Good faith is a vague concept in our time, which is an ethical and emphasized. But the lack of accurate knowledge and the absence of clear boundaries, has caused its location not to be known, and its position in jurisprudence is unknown and the relation between the two is unknown. The entry of widespread good faith topics that related to good ethics and public order. This article seeks to answer the ambiguities in this regard.

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

View 607

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: 

    2018
  • Volume: 

    50
  • Issue: 

    2
  • Pages: 

    329-344
Measures: 
  • Citations: 

    0
  • Views: 

    3349
  • Downloads: 

    0
Abstract: 

The Islamic legal rules are divided into two parts: “documentary to text (manṣūṣ)” and “adoption of texts (iṣṭiyādī)”. In the latter group there is no Qur’anic or narrative text that embraces all the provisions of the rule. Instead, jurisprudents have extracted them from a collection of verses and narratives, which they, as a whole, prove the provisions of the rule. The present study is aimed at investigating the compatibility of the Roman principle of good faith with Imamiyya jurisprudence and the feasibility of the extraction of good faith rule in Imamiyya jurisprudence. Some scholars, referring to some samples of the principle of good faith in the jurisprudence, especially in contracts, believe that this principle exists in jurisprudence. In this study, we critique this view and conclude that extraction of the principle as a general rule from the texts is not possible.

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

View 3349

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
email sharing button
telegram sharing button
whatsapp sharing button
linkedin sharing button
twitter sharing button
email sharing button
email sharing button
sharethis sharing button