جستجوی مقالات مرتبط با کلیدواژه « Awareness » در نشریات گروه « فقه و حقوق »

One of the basic principles in the field of property rights is publicity. The publicity principle implies the awareness of third parties of real rights and justifies the absolute effect (erga omens’) of these rights against them, which has been neglected in the Iranian legal system. In this article, questions about the concept, foundations, function and finally its tools in the field of collateralization of assets and the need to transfer of possession of mortgaged property in the Iranian legal system have been answered,with of descriptive-analytical method and desk research study of Western legal systems. In the end, it was concluded that the publicity principle is an essential component of the collateralization of assets system; the basis of awareness and creating transparency and, consequently, preventing the appearance of false wealth justifies it. It also has several functions such as increasing access to secured credit, preventing fraud and manipulation of transaction time, reducing transaction costs, and so on. Transfer of possession of collateral is not a matter, but is tool of publicity that it is also ineffective in provide the foundations. This is also true in the Iranian legal system and about the need to transfer of possession in the mortgage contract. Registration of security rights is a good tool for publicity and it should be possible to replace transfer of possession. Therefore, a distinction should be made between collateral with publicity and without it and Attention Of transfer of possession must be set aside.

Belonging the terminating right for the contract or to the object is one of the basic principles for analyzing issues such as the fall or non-fall of the terminating right for the contract with the loss of the object, the acquisition of the object and its transfer to others. Despite the importance of this problem in drafting legal concepts, its arguments have not been considered by lawyers in details. The fundamental question is that is it the fact that terminating right for the contract disappears with the loss of the object, or contract is the main subject which by losing the object, terminating right for the contract remains and the payment of the object is imposed? This research illustrates that the basic practical principle is that terminating right for the contract related to the object, but the existing jurisprudential rules and the IJTIHAD reasons of the wise approach, indicate that belonging the terminating right for the contract is such that by object losing, the wise still consider the object tax as their own self. On the other hand, the reasons which proving the terminating right for the contract are divided into two categories: arguments without any term and arguments with certain term. Also, the arguments with certain term is divided into two categories, including the arguments contain the terminating right for the contract as a certain term and the arguments contain the main object rejection as the main term. Awareness of the arguments without any term and arguments with certain term related to the terminating right for the contract confirms the belonging the terminating right for the contract. Only in the terminating right for the contract, due to the existence of consensus, existence of the object is introduced as an important subject and terminating right for the contract is belonging to the object.

Murder caused by extreme recklessness commits in effect committed dangerous voluntarily primary behavior along with awareness and attention to that her action typically leads to the murder of another, in this type of murder, he has no direct intention of committing a crime against the victim and even in some cases such as note to article 292 Islamicist punishment law he doesn’t not intend to object to the verb however commitment considered intentional for the sake of knowing the occurrence of the result. This topic has a problem identify the type of murder that occurred in connection with unintentional murder caused by possible fault. This research investigate to distinguish this type of murder from quasi-premeditated murder caused by fault aimed at providing the features of premeditated murder caused by extreme recklessness referring to the judicial procedure by descriptive and analytical methods, and concluded that for the correctness of intentional mention for an action caused by extreme recklessness, committing behavior in terms of being lethal and committed in terms of awareness and attention to himself behavior too, must have certain conditions like typically lethal behavior and the predictability of the result for the perpetrator to be premeditated murder

The "right to life" is the base of taking advantage of all other human rights. According to the foundations of contemporary human rights, life has been considered equal to the biological life, and the meaning of life has no effect on getting benefits from the right to life. According to this thesis, awareness and knowledge about the meaning of life are the basis of forming the right to life, and the meaning of life is the essential part of the right to life. Depending on the way the meaning of life is formed, taking advantage of the right to life and determining its boundaries are different. For example, in the cases of children and or environments, the right to life is the result of others awareness about the meaning of their life. Contemporary human rights can preserve its own meaningful order besides other meaningful orders. Respecting the biological dimension of life as well as recognizing the right to choose could be considered as the dominant principles of the meaning of life.

Criminal liability of legal entities, including new and emerging issues in the criminal justice system is born. Despite the adoption of these important public interests as told by lawyers, principles, and elements of criminal responsibility for this category of persons has not been analyzed properly. Thus, the criminal law cannot be the same way and measure that determines the basis for criminal liability for individuals, criminal liability for legal entities to measure, and the principles of criminal liability of legal entities of the necessary analysis of criminal law. In this paper, based on the subjects to analyze the most important element of criminal liability for legal entities, the constituent elements of criminal capacity with an emphasis on Islamic Penal Code will be discussed in 1392. Essential component of the criminal investigation capacity can be more correct analysis of criminal liability of legal persons and better understanding of the subject could be offered.