فصلنامه حقوق اسلامی
سال شانزدهم شماره 4 (پیاپی 63، زمستان 1398)

Civil liability law is subject to fluid and fragile rules due to its customary nature. One of the issues that has been changing and changing over time in legal systems is "civil liability of the Indiscerning person". The famous opinion of jurists and lawyers in the law of civil liability, regarding the civil responsibility of the Indiscerning person, is that according to the nature of responsibility, except for the declaratory law-non charging Legal law, the general conditions of duty, such as qualification, puberty, reason, discernment And intention is not a condition for its fulfillment; therefore, the Indiscerning person is responsible in all cases and against his losses, and his lack of adulthood, maturity, reason, purity and intent is not an obstacle to his civil responsibility. Therefore, the inadvertent person is responsible for all damages and incidents, and lack of qualification, puberty, reason, discernment and intention is not an obstacle to his civil responsibility. The application of the rules of destruction and indirect causation and Articles 328 & 1216 Civil code, The documentary is the argument of this comment. In this paper, a new theory, based on the lack of responsibility of the Indiscerning person in some of its examples, is a well-known opinion, critique, and appropriation with a new argument based on the lack of Intent to commit and causation. In this regard, the authors have given the legislator a number of suggestions and recommendations that by law, while respecting the principles of justice, it will be justice and fairness.

The subject of this article, is take or pay obligation. Take or pay is an obligation which the buyer is committed to pay the price to seller, Whether or not he was ready to receive the sales. Accordingly, in this paper, using a descriptive and analytical method, and reviewing existing theories, we critisize them, the nature of this matter was extracted. The nature of the subject is sale an object with general description which also contains the two corollary terms suspended and the surveys show that, in Iranian legal system, there is no credible and strong opposition. In contrast, in Islamic law, although according to some opinions that even celebrities, the validation is opposed, but one could say, first, there was no consensus on the lack of aproval in this regard, Second, the views of some jurisprudents provide a basis for justifying this kind of contract. - - - - - -

Thinking about of dealing with international crimes has focused on the minds of international criminal justice thinkers. The attention to the nature of the Islamic law system shows that the obstacles of Muslim countries on the path to joining the International Criminal Tribunal's constitution, overshadowed the adherence to the tribunal and the possibility of effective coping with international crimes related to Islamic countries. Therefore, the efforts of the Islamic countries to conclude an international treaty to establish the Islamic International Criminal Court as an independent entity and permanent judicial system, regulating judicial regime of Islamic countries under joint international judicial regime, seems inevitable. In the present article, using a descriptive and analytical method, we examine the necessity and feasibility of establishing the Islamic International Criminal Court and its challenges, as well as the successful model governing its establishment.Keywords: International Crimes, Islamic International Criminal Law, International criminal Court, justice international.

One of justifications in civil or criminal responsibility is self-defense. Toward this, complex of conditions is required that is pointed out in Art 156 of New Penal Code and their lack leads to responsibility. The jurisprudents recognize the principle of Ehsan as basis of legality of self-defense and jurists recognize this based on necessity of defender in doing this action and its being natural. In self-defense there is probability of damaging to accused person, defender and also the third party that can be divided into self-defense and defense of others. In self-defense it is possible that defender causes damages to third party in defending himself/herself. Or its cause, in case of intervention, third party has the right to refer to defender or accused person by virtue of rules of damage and causation. But in case of causation, the third party has right to refer to them only by virtue of rules of causation. In case of defending others, if the defense causes to damage to defender, the defender is rightful to refer to accused person by virtue of Art 306 Civil Code and refer to other factors, but if this defense leads to damages to third party, he/she has only right to refer to accused person.

Urban space is a very limited element in the present era, and fair use is the special spokesperson for innovation in public areas of architecture and urban planning. By utilizing these provided bases, obtaining a city-wide justice complex, managing and controlling the hotel's construction beyond the conventional limit, is a special property. Managing and controlling this type of space is a drug of late, and consequently, a special kind of personality. With this in mind, you can obtain your rights using this article. By using the evaluated classes, the siege of the brother, the special property, beyond the normal limits of power, first: the property becomes the property and the kind of objective property, not right or interest. Secondly, Pyrrlf's theory of optimum radiation is outside the jurisdiction of the Earth. Third: Decision-making and amended rules are possible with more restrictions, this type of space is among the public property and the commonality of the offerings, as well as the use of common law, non-transferable and any special ownership. building

One of the claims that most feminists have insisted on is the issue of equality of women with men. They demanded that women have equal rights to men. This requires the elimination of all existing discriminations between men and women. Discrimination in this regard should not only include a negative discrimination but also "elimination of all kind of discrimination" including positive discrimination. However, we see that Western countries buy in positive discrimination. Accordingly, it has preferred women in allocating possibilities, resources and jobs, and did not regard this kind of discrimination unfairly. However, based on the principle accepted in Western philosophical schools, the primary principle in terms of justice is the equality of all individuals in the allocation of/and enjoying amenities, therefore, justice theorists will have to provide reasonable grounds for justifying their plans.Hence, in this research, we seek to explore two issues of the legitimacy and effectiveness of positive discrimination based on the philosophy of liberalism and libertarianism. We want to investigate whether there are justifiable reasons for the existence of a positive discrimination and whether positive discrimination can achieve the goals for which it is intended?

Observing the sources of Fiqh and the words of the Fiqh scholars indicates that the subject of atonement is merely considered as an individual worship. While, if it is viewed from the perspective of political Fiqh, instead of being as an individual worship, first and foremost, with regard to its social effects, it should be regarded as a social and governmental affairs. Therefore, the Islamic State can receive funds and goods of atonements which are from the punishment aspect, and spend them in Shari'a affairs. To prove the hypothesis, the descriptive analysis method is used. Also, the sayings of the Fiqh scholars and the methods of Tanqih-e manat (Sprawling areas) and abandonment of the property of the similar Fiqh subject in Ijtihad has been used. Moreover, the non-litigation and reputation of giving the financial atonements as one of the financial resources of the Islamic State is of the theoretical foundations of this viewpoint. The ultimate goal of this idea is to institutionalize this subject legally and organizing it in related government organs.

The transfer of contractual rights and obligations is one of the issues that, despite its increasing use in judicial procedures, and especially in international contracts, still has some aspects of it, in particular the ability to transfer certain contracts and the legal form of contract transfer, with ambiguity and perspectives Traditional ones are still being repeated in this regard, while this legal entity needs to be dealt with in accordance with the requirements of the day, especially since the principles of international commercial agreements and the principles of European treaties have explicitly regulated this field; However, in this paper, with a new approach to the ambiguity, the analysis and strategy will be presented, so that according to traditional views, it is still believed that the criterion of the ability to transfer contractual rights and contractual obligations is the continuity of the contract (against being instantaneous). While considering the comparative analysis of international documents and the analysis of the legal nature of the law, we must say that the criterion of the existence or absence of rights and obligations is that, in this view, the dubious nature of the International Convention on the International Sale of Goods (in This field is silent (transfer of rights and obligations does not have to be declared declined; Moreover, from the past, the transfer of rights and contractual obligations has been made in the form of a peace treaty as a fixed contract

In a major division, rights and disputes are divided into in rem and in personam categories; one of the sources of the creation of rights, contracts is that Article 10 of the civil code which has accepted the rule of will in establishing them. In the field of in personam rights, as the effects of contracts are relative, this rule is absolutely applicable. But its application to rights in rem, other than rights envisaged in the laws and regulations, requires further scrutiny because of the absolute nature of these rights and their applicability to others, especially in view of the legal neglect of this title and Legal systems do not have a single position. For this reason, in the present study, we have tried to discover the legal position in Iranian law by conducting comparative study as well as fiqh investigation of the issue, while presenting economic analysis. The result is that despite the disagreements it must be stated that the principle of sovereignty of the will and consequently the freedom of contract in the creation of rights in rem is applicable to both French and Iranian law, unless the legislator restricts it to the material.