فهرست مطالب

نشریه علامه
پیاپی 49 (تابستان 1396)

  • نامه پژوهشی فقه و حقوق (11)
  • بهای روی جلد: 20,000ريال
  • تاریخ انتشار: 1396/08/30
  • تعداد عناوین: 6
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  • Hoseen Ahmadiye Sefidan Pages 1-30
    Expediency is one of the key terms and concepts in Shia jurisprudence. The principle of expediency has been investigated among religious scholars via the expediency formula throughout the history of Shi’as. Almost Shiite jurists in different periods of history have accepted the variable relationship between the concept of expediency, the dependents of expediency and the term expediency, because it is clear that expediency is the mediator between the concept of expediency in relation to the term expediency and the expediency dependents, also this relationship is continually evolving. Hence, this concept or mediation may change at any time, between generations or periods, and we have several concepts in relation to a word and its dependents and there are also relations between these meanings, which their investigation will help to understand them. The recent study applies content analysis method to investigate the development of expediency in Shia political jurisprudence. The juridical expediency entered in politics, economics and law through passing the necessities, needs, the titles of the second and the necrophagia and saw itself in the realm of everyday life of human beings.
    Keywords: Evolution, Expediency, Political Jurisprudence, Shia Fiqh, Imam Khomeini
  • Reza Sookooti Nasimi, Mohammad Reza Rashidi Ahmadabadi Pages 49-82
    One of the benefits belongs to the heirs is life insurance benefits. Sometimes it happens that devisor to support the heirs enters into a contract with an insurance company. One of the most important issues is the cognition of legal nature of mentioned benefits. In this paper we investigate specially the relation between such benefits and inheritance. Indeed we want to answer to these questions witch is there any relation between life insurance benefits and inheritance? Is it depending on who the beneficiary is? Relating to this, lawmaker, lawyers and jurist's point of view also will be mentioned and subsequently assessed. We believe that all forms of life insurance benefits are related to inheritance. Thus devisor would be able to apply his intention on rules governing inheritance by life insurance.
    Keywords: life insurance, inheritance, intention, commitment in favor of third party
  • Mohammad Reza Mojtahedi, Babollah Najafi, Hadi Jafari Pages 103-128
    The Role of Mortmain (Vaqf) in the Non-cooperative Social Welfare The social welfare avails itself of two possible methods in order to render its services: the cooperative method and the non-cooperative method. The former is put into practice through the direct participation of the interested party. Through the latter method, however, the interested party takes advantage of the public and other services without any direct interference in the provision of the sources. One of these non-cooperative institutions is mortmain (vaqf). This institution has an old background in the history of mankind and it has also a special role in the Iranian Social Welfare System due to the variety of the intentions of the persons who leave the mortmain (vaqef) and the subjects of the mortmain. Therefore, considering the different social welfare methods and highlighting their differences, this essay deals with the features of this institution as one of the non-governmental, non-cooperative methods. Moreover, this essay reviews the different intentions of the vaqef and their role in completing the lacunae of the Iranian Social Welfare System. Principle 29 of the Iranian Constitution, social welfare, the noncooperative method, Oqaf Organization, vaqf (mortmain).
  • Ahmad Mortazi, Somayeh Khodayar Hasanlouei Pages 129-156
    According to the legal bill, how to buy and own land for implementation of development plans of the government approved in 1358, the municipality to implement its construction projects in land and property owned private property should first obtain the consent of the landlord or its owners, and then with the ownership of the property to execute And if, in order to satisfy the owner, there is a barrier, such as his disagreement, ownership disputes, etc. Also, in cases where the implementation of an emergency plan has been promptly approved by the executive, the municipality can, without the consent of the owner, seek the property To take ownership of the plan. In some cases, municipalities also use property rights to foreclose or foreclose persons in order to overcome the problems and impediments to the implementation of the plan. In this research, it has been tried to examine the private ownership of the effects of the implementation of construction projects on this right. Therefore, the purpose of this research is to investigate the effect of the implementation of municipal development plans on the right of ownership of individuals. This research is a descriptive-analytical research, and The method is library.
    Keywords: municipality, development plan, owner, foreclosure, foreclosure