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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    20
  • Pages: 

    91-102
Measures: 
  • Citations: 

    0
  • Views: 

    165
  • Downloads: 

    92
Abstract: 

Guardianship is one of the most important institutions known to protect the rights and property of disabled people. The trustee is responsible for the compensation of the property if he is at fault in performing legal actions for the owner. Movalla_alayh, in Iranian and French law, civil liability resulting from a minor harmful act is one of the examples liability resulting from the act. It is different that the purpose of this article is to investigate the guardian’s responsibility in the legal system of Iran and France, descriptive research method. It is analytical and from the results of this research, it can be said briefly that the supervisor’s responsibility is according to the section 7 of the Civil liability law. is examined that the realization of the supervisor’s responsibility has general and specific conditions that are researched will be investigated, while French law is based on the assumption of fault, which is against the rules. It is general and parents are jointly responsible for damages caused by miner children who live with them in the same place.

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Author(s): 

Heydarian dolatabadi Mohammadj avad | Aliakbari Babukani Ehsan

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    152-191
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

Competition law is a newcomer to the legal system recently. A sound understanding of competition policy can provide us with sufficient bases to apply a fundamental and normative view of the issues of competition law. The difference in supervision and regulation determines how the market functions and in order to understand this difference one must understand competition policy. Competition policy may be based on governmental support for national production and industry or on a non-interventional and regulatory posture. Moreover, supervision, based on the principle of non-intervention in the market mechanism, is rooted in liberal ideas; however, regulation, whether as a rule or an exception, is based on the assertion that the market has been ineffective in attaining its goals. Therefore, the government will resort to interventions to regulate inefficiencies.  This paper aims to analyze Supervisory authority in Implementing Competitive Policy by employing the description method. In this article the author tries to first delineate competition policy, its related requirements and imposed deviations to the market. Then, by defining the supervisory entity and clarifying its distinction from the regulatory institutions, the author considers the characteristics of an appropriate supervisory entity conducting a comparative study of this issue in Iran and the U.S.A. This form of Competition policy because of its applicable experiences which have been well described by recent scholarship is considered suitable for the native system.

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Journal: 

Issue Info: 
  • Year: 

    2025
  • Volume: 

    57
  • Issue: 

    1
  • Pages: 

    135-155
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

According to Article 1043 of the Civil Code, the marriage of a mature maiden regardless of age and situation depends on the permission of her natural guardianship (valī-yi qahrī). Several disagreements exist across jurisprudential sources regarding this ruling. This raises the need to study the issue further. It should be analyzed, according to the proofs of divine legislation, for the necessity of obtaining the guardian’s permission, whether the rule should be applied universally across all cases or whether distinctions can be made between girls according to their individual need for support. Study shows that the necessity of the guardian’s permission is a ruling intended to support inexperienced girls and directed towards those who need support and have not reached independence or taken control of their own affairs. Otherwise, requiring the permission of a guardian for independent girls who possess authority over their own affairs can no longer be considered support, but rather borders to interference, The present research, conducted through the analytical-descriptive method, concludes that in light of contemporary social realities and following the opinions of modern jurists, it is necessary to exclude some girls from the scope of this ruling based on criteria such as age and independent occupation and residence.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    63
  • Pages: 

    137-148
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    0
Abstract: 

The unit news is considered as one of the suspicions of two directions for proving the proof and the realm of authenticity. Some, referring to the appearance of some quranic verses, consider following the unit news as the case for following the opinions of the quran which is subject to the quranic verses. Well-known rulers have restricted the credit range of the unit news of the issues should be made by binet, in which justice and multiplicity are conditions. One of the most important applications of the unit is the study of public jurisdiction. The main question of this research is whether the general competences of individuals by citation of the most important applications of the unit is the study of public competencies. The main question of this research is whether the general competences of individuals are denied by the unit news? Research in the main sources and also on the basis of field research has been done, from the viewpoint of experts in the process of selection and implementation of qualifications, news of the unit lacks value and validity, but some of them consider the time and position required for the candidate. According to the conditions and characteristics of the narrator or the sources of research, they consider it as a symmetric and more investigation.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    75
  • Issue: 

    76
  • Pages: 

    157-183
Measures: 
  • Citations: 

    1
  • Views: 

    1083
  • Downloads: 

    0
Abstract: 

The amendment to Article 3 of the Public and Revolutionary Court Formation Act, the Public and Revolutionary Prosecutor's offices were rebuilt as part of Iran's judicial system. However, the inclusion bodies of this organization in the form of an article to cause confusion. Among other issues, discussed briefly the status of Solicitor General is controversial. Legislator in the authority and duties of Solicitor General, how to research, comment and his relationship with other officials and prosecutors is adequate to lay a limit clause and a provision and has decreed that all Solicitor's decrees should be in agreement with Prosecuting Attorney. If they differ, the Prosecutor runs. The question is which of the decrees should be according this sentence and if the prosecutor is opposed, how will be more research. For the answer, should be determined how the relationship between the Solicitor and Prosecutor. Objected to the prosecutor's void the Solicitor's decrees that are about possibility of prosecution. But if Solicitor decree at the essence, the Prosecutor can't compel him to change. So the Prosecutor's decree will be done by another assistant.

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Author(s): 

MESGARI A. | GHASEMI H.

Journal: 

Shinakht

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    59/1
  • Pages: 

    145-173
Measures: 
  • Citations: 

    0
  • Views: 

    816
  • Downloads: 

    0
Abstract: 

The aim of this article is to make a picture of the general cultural-intellectual circumstances of the time in terms of the relation contemporary man finds between himself and the ‘truth’. One way to grasp this relation is obviously by putting the subject into its historical perspective. We begin the inquiry with the genealogy of the tradition of scribe and producing the text-as its achievement-in archaic and modern cultures. ‘Book’ has been taken to be the symbol of the source of the truth, and in movies, fairy tales, paintings, poems and literature, has always -been the sign of knowledge or truth itself. That is why the text is an appropriate departure point. We take it for granted the relationship man finds between text and the truth is subject to the very relation he finds between himself and the truth. Thus, studying the contemporary human's concept of the place of himself before the truth, we have no option but to deal with hermeneutics. Since this inquiry is not in line with only our linguistic interests, but with our philosophical question (vicinity or distance man feels between himself and the truth), we choose by nature philosophical hermeneutics among several hermeneutical approaches; in Heidegger's philosophical hermeneutics all consequences find ontological implications.The ultimate answer turns out to be that contemporary man considers he has have a very good chance of finding the truth directly and meeting it face to face immediately. It is important to note that this article attempts describe cultural conditions disinterestedly and make no issue of Heidegger's philosophy at all.

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Author(s): 

HAERI SAYED KAZEM

Journal: 

FEQH-E AHL-E-BAIT

Issue Info: 
  • Year: 

    2012
  • Volume: 

    18
  • Issue: 

    70-71
  • Pages: 

    5-10
Measures: 
  • Citations: 

    0
  • Views: 

    762
  • Downloads: 

    0
Abstract: 

Assuming political guardianship for jurisprudents, this article provides two jurisprudential solutions to resolve the conflict between religious authority and leadership in taqlid [imitation] arena. First solution which is based on reasoning through literal reasons in the field of taqlid and judgment by intellect and second solution which is based on reasoning through a rule in Islamic jurisprudence called "tazahom [conflict] and tarattob [succession] both conclude that whenever the most knowledgeable religious authority in not qualified for leadership while the one who is the leader is not the most knowledgeable, it is preferred to do taqlid of [imitate] the religious authority who is the leader.

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Author(s): 

HAERI S.K.

Journal: 

FEQH-E AHL-E-BAIT

Issue Info: 
  • Year: 

    2010
  • Volume: 

    16
  • Issue: 

    61
  • Pages: 

    68-94
Measures: 
  • Citations: 

    0
  • Views: 

    921
  • Downloads: 

    0
Abstract: 

The essay comprises six parts. The author first mentions the reasons for following a religious authority and tries to prove them referring to rational and Traditional reasons. On the other hand, he brings and answers the reasons which do not support following. Then in the second part, he asks whether one with the ability of deduction can follow someone else or not, a question to which the author responses he can follow in some assumptions. The third part, according to the author, covers "Motejazi" jurist who can give decrees just in some parts of jurisprudence, and can conditionally follow his own decree, although the conditions are difficult to be achieved. In the fourth part he notes that jurists who have not achieved the level of being "best-aware" are not permitted to give decrees. Next, he suggests that how the rules being deducted by the jurist would be enforced for the follower. And at last, he discusses the permission to follow an older decree, while deducting a new different decree, without any due responsibility.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    27
  • Issue: 

    3
  • Pages: 

    57-73
Measures: 
  • Citations: 

    0
  • Views: 

    1012
  • Downloads: 

    0
Abstract: 

Purpose: To investigate the barriers to share Persian name authorities in the Virtual International authority File (VIAF) based on National Library and Archives of Iran (NLAI) data.Methodology: Using survey, name authority experts in NLAI were interviewed to realize the barriers to share name authority data in VIAF. Then using qualitative content analysis, 699 name authority records were selected by stratified random sampling and analyzed for being shared in VIAF.Results: According to name authority experts of NLAI, it is necessary to share NLAI data in VIAF. However, there are some barriers in human resources, management, research and education, software, hardware and data validity. Investigating NLAI name authority sample data indicated that: 1) there is no link between name authorities’ database and bibliographic records, 2) differences in spelling similar names may be a problem for retrieving, 3) Almost half of NLAI name authority records are incomplete 4) There are more than one authorizd name record for a single author name, 5) Only 50% of NLAI name authorities matched to the Library of Congress Name authority File.Conclusion: It is essential to optimize and correct NLAI name authorities in order to be shared in VIAF.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
Measures: 
  • Views: 

    187
  • Downloads: 

    72
Abstract: 

LANGUAGE LEARNING STUDIES HAVE BECOME INCREASINGLY INTERESTED IN PSYCHOLOGICAL STUDIES ON LANGUAGE LEARNERS STRESSING LEARNERS’ ROLE IN THEIR OWN LEARNING PROCESS. AGENCY, AS AN EMERGENT CONCEPT IN LANGUAGE PEDAGOGY, HIGHLIGHTS THE ISSUES OF LEARNER AUTONOMY, INHIBITION OR ANXIETY AND THE POWER RELATIONS BETWEEN TEACHER AND LEARNERS TO FOSTER THE FORMER AND REDUCE THE LATTER. THIS PAPER ATTEMPTS TO CONTRIBUTE TO A FULLER UNDERSTANDING OF LEARNERS’ AGENCY AND THE ROLE OF CLASSROOM ENVIRONMENT IN FOSTERING AGENCY IN EFL MAJORING STUDENTS. AMONG FACTORS WHICH CONTRIBUTE TO LEARNER AGENCY SUCH AS SELF REGULATION, MOTIVATION, LEARNERS’ SELF CONCEPT, AND THE POWER RELATION BETWEEN TEACHER AND STUDENTS, THE FOCUS OF THIS STUDY IS ON LEARNER AUTONOMY, AND ANXIETY AND TEACHER authority IN AGENTIC PARTICIPATION OF LEARNERS AT UNIVERSITY. RELYING ON THE SOCIO-CULTURAL FRAMEWORK OR COMPLEX DYNAMIC SYSTEM AND MIXED METHOD RESEARCH, WE REPORT ON THE RESULTS OF INTERVIEW AND QUESTIONNAIRE GROUNDED INVESTIGATION OF KASHAN UNIVERSITY EFL STUDENTS ATTITUDES TOWARD AGENCY AND THE EFFECT OF EDUCATIONAL ENVIRONMENT ON REDUCING ANXIETY AND THE INSTRUCTORS ROLE IN FOSTERING AGENCY AND FINALLY THE RELATIONSHIP BETWEEN STUDENTS’ WILL AND CAPACITY TO ACT (I.E. AGENCY) AND THEIR SCORES.

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