فهرست مطالب دکتر علی اکبر جعفری ندوشن

The present research aims to examine the characteristics of a desirable legislation system from the perspective of Allameh Mohammad Taghi Ja'fari. The main question is what the purpose of this system is and ultimately, what executable guarantee it uses to ensure the fulfillment of everyone's interests and benefits. The research method is descriptive-analytical, and the results indicate that a sound legislation system, according to Allameh Ja'fari, requires lofty goals, clear awareness, and adequate enforcement guarantees. Regarding lofty goals, he believes that while establishing order and eliminating conflict is commendable, it is not sufficient. Rights should strive to fulfill larger objectives. Human excellence and the growth of human potential, along with efforts for unity in rights for all, are addressed in this section. In other words, firstly, a desirable legal system must endeavor to not only provide order and security but also to foster the capabilities of individuals. Secondly, not only should all aspects of individual life be under the administration of a unified legal mindset, but also there should be a single mindset governing the entire world to minimize conflicts. Concerning the characteristics that the legislator must possess, he first refers to his comprehensive knowledge of the characteristics and needs of his subjects. Then, he emphasizes his distance from personal, partisan, ethnic, etc., biases. Finally, when discussing enforcement guarantees, he believes that societal education aimed at promoting a culture of lawfulness on the one hand and sufficient attention to strengthening self-restraint within each individual, on the other hand, play a very influential role in the success of a legal system. Consequently, there will be less need for external enforcement guarantees.

Sheikh Mohammad Hossein Yazdi Nadoushani, born in a religious family in Nadoushan, Yazd, started his preliminary education in Isfahan province and then travelled to Samarra to understand Mirzai Shirari's experience and after receiving ijtihad, he settled in Najaf Rahal province to teach religious sciences. With the beginning of constitutionalism, he became one of the revolutionary and constitutionalist jurists, and then became a representative of the first periods of the National Assembly, and hence, based on his jurisprudence and political insight, he played an effective role in establishing the jurisprudence and law of the political system that emerged from the constitutionalism movement. The life of this constitutionalist Yazdi jurist shows asceticism and piety, wisdom and effort in reforming people's affairs. Due to his effective presence in the Constitution Movement and then the Legislative Assembly, he played an effective role in drafting the first constitution and legal institution-building laws such as the judiciary and municipality laws, etc. As a legal jurist, he passed the constitutional legislative system through the channel of jurisprudence and Imamiyya principles in order to protect the Islamic standards in the legislation, and to establish the structures of the new legal system on the basis of Iran's legal tradition.

The occurrence of harmful events for human beings is inevitable. Therefore, human beings have always sought to establish rules to impose responsibility on the person who has played the most important role in the harmful incident. Hence the whole mission of civil liability is to identify such rules. The portfolio management company in the stock exchange, in relation to customers and the stock exchange organization, has responsibilities that may cause damage to another by performing an activity in this regard, so it is responsible in this regard and is required to compensate. Execution of contractual obligations is one of the important issues in contract law. In Iranian law, if one of the parties to the contract refuses to fulfill its contractual obligations, the guarantee of its implementation is stated in the form of several legal cases in various contracts. In this article, the civil Liability of the portfolio company, with the subject of "fulfilling the obligations related to the portfolio management contract" has used the votes of the board of directors of the stock exchange.

In the set of laws and regulations regarding Iran's water resources, the legal relationship of individuals with these resources is referred to as the right of exploitation. This is based on jurisprudence and legal principles that recognize water as a common trust and in other words, a public trust, and negate any right to ownership for the user. However, due to the ambiguity in the legal nature of this exploitation right, we continue to witness the possessive behavior of the exploiters and the conflicting opinions of the administrative and legal authorities in this regard. Therefore, in this analytical and descriptive study, we examined the jurisprudential and legal foundations of the subject and then put forward the theories that have been established in the relevant laws based on the shared and trust nature of this public wealth. Then, referring to Article 29 of the Civil Law, which is in the position of expressing the various rights that individuals have in relation to property and in which the right to ownership, including the object and benefit, the right to usufruct and easement, the characteristics of the right of exploitation, we observed an affinity for usufruct rights in the Iranian right of water exploitation. Therefore, under this legal nature, we came to the conclusion that the water users are not entitled to any kind of proprietary policy, including the right to transfer and waste this right, and the government that has this public trust supervises water sources and uses by prescribing and adjusting exploitation licenses according to public interests and regardless of the proprietary behaviors.

What is introduced in Iran as a portfolio management company is known in other countries with different titles such as asset management companies, portfolio management, capital management and wealth management, which is equivalent to asset management from other terms, with the content of portfolio management that is popular in our capital market. The customers of portfolio management companies are divided into two categories: real customers and institutional customers. Real customers or ordinary people, which means households or rich people, but institutional customers also include insurance companies, pension funds, banks, etc. The tools used by portfolio managers in the world are mainly dedicated accounts, investment funds with variable capital, investment funds with fixed capital, money market funds, exchange-traded funds, combined ETF funds, private equity funds, and finally hedge funds. Dedicated accounts are similar to these brokerage contracts in Iran, during which the broker buys and sells with the customer's money in a code specific to the customer. Little information is available about this sector because the contracts are private and there can be significant differences between customers. Portfolio companies generally do not invest their own money, but invest for clients. Therefore, the main income of portfolio management companies is not from investment income, but from portfolio management fees. In fact, the portfolio manager is a legal entity that forms a stock portfolio and buys or sells or holds securities for the investor, taking into account the investor's goal and level of risk-taking in order to make a profit for him. The legal basis for its establishment and management is after paragraph (33) of Article One of the Securities Market Law, the "Establishment and Activity of the Portfolio Management" instruction and the sample contract of the portfolio management company with the investor, which enumerates the terms, conditions and regulations for issuing licenses and activities of this financial institution. From the birth of portfolio management in the country until today, this financial institution has faced challenges with various elements such as the stock exchange organization, investors, brokers, Central Securities Depository, banks, information processing companies and etc. The purpose of this article is to examine the mentioned challenges, which was compiled in a descriptive-analytical way, using library resources and obtaining the opinions of managers and market participants. One of the problems that exist in the way of the activity of indirect investors is the time-consuming and difficult process of indirect investment through portfolio management companies compared to direct investment in this market. The competitive environment created by the brokerages has caused certain privileges to be considered for direct investors and mainly people prefer direct investment in this market to indirect investment. The dominance of the brokerage institution as well as the bank and the conflict of interest that exists between the activities of brokerages and the indirect investment of people in the capital market are among the most important problems and obstacles to the development of indirect investment. Another problem that stands in the way of the development of direct investment in the capital market is the governance perspective. Although indirect investment in the capital market is always supported in the talks, in practice, the tools and regulations governing the capital market, including the range of volatility and volume, have been based on a kind of short-term and unprofessional view of the capital market. Portfolio management companies do not have the possibility to receive credit directly from the bank for leveraged funds, and to receive credit, they are forced to receive credit through brokers. Also, investment funds are considered the most important tools of portfolio management companies. However, after receiving the license of the portfolio management companies to establish a fund, a long and difficult process must be completed. Meanwhile, in the big capital markets of the world, some asset management companies manage more than 2,000 funds. In addition, portfolio management companies do not have the possibility to announce the minimum possible profit forecast for their portfolios and funds. All these problems have caused weakness, exploitation and short-termism in the method of indirect investment, especially portfolio management. Solutions to solve problems are: amending the guidelines and rules related to the minimum capital and manpower of portfolio management companies, changing the attitude of investors from short-term to long-term by granting long-term licenses to portfolio managers, tax exemptions for the variable commission of portfolio managers, solving infrastructure problems related to core transactions and software in order to speed up the buying and selling process and transparency of transactions for investors, the need to accelerate the issuance of necessary licenses for the establishment of funds by portfolio managers, revision of the guidelines for the establishment and activity of portfolio managers, and considering things such as the possibility of freezing the investor's code, drafting and approving a comprehensive law on the prevention and management of conflict of interest in order to reduce the field of corruption and conflict of interest in this financial institution.

The law system of water, which in the past was based on customary rules based on private ownership and management of water resources, with its mechanized and uncontrolled exploitation during the last hundred years, has given way to the centralized system of ownership and management of the public sector. Relentless competition from exploiters has been effective but has not led to a reduction in consumption and the rescue of groundwater aquifers. Therefore, the study of the legal system governing water resources in terms of principles, structure, functions and its effects following a review of the relevant laws and regulations in a descriptive-analytical manner and using documentary study tools can lead to pathology of legal governance of water resources. And then, by strengthening the principles and general structure of water legal governance and resolving conflicts of laws, help solutions to improve the legal system governing water and, consequently, the optimal use of this vital resource.Keywords: water ownership, ownership, public

Sheikh Hossein Yazdi is one of the constitutional jurists of Samarra and Najaf schools and one of the first members of the National Assembly who played an effective role in establishing the jurisprudential and legal system of the political system resulting from the constitutional movement. The drafting of the first constitution and its amendment in the first parliament along with the approval of the first legal institution-building laws such as justice and municipal laws, etc., which emphasize the religious supervision of top scholars on the legislative process, a figure of Sheikh Hossein Yazdi as a legislative jurist It allows the constitutional legislative system to pass through the path of Imami jurisprudence and principles in order to protect the sharia standards in the matter of legislation, and to establish the structures of the new legal system based on the millennial legal tradition of this people Therefore, in addition to the effective role he plays in the formulation and approval of this principle in the first parliament, he has played a special role in explaining and establishing the implementation of its provisions in order to continuously follow its implementation and finally prepare an executive-interpretative bill. It seems that in addition to religious belief, the practical experience of this member of the first parliament in the stability of Sharia-based laws has led to his efforts to establish and implement the second principle of the constitutional amendment.

Chapter 5 of Chapter III of the 1980 Convention on the International Sale of Goods deals with "common rules governing the obligations of the seller and the customer". In the sixth part of this article, entitled "Preservation of goods", according to Article 88, the parties are allowed to resell the goods in six cases: unconventional delay of the customer in delivery, unusual delay of the seller in returning the goods, unusual delay of the customer in Payment of the price, unusual customer delay in paying the maintenance costs of the goods, exposure of the goods to rapid corruption and following an unusual cost for the maintenance of the goods. Benefiting from this article, resale is that after the sale and transfer of ownership of the exchanges, without dissolving the sale, the contracting party can in the direction of seeking compensation or compensation or preventing the loss of the other party, the goods belonging to him to the person Third party to sell. In Iranian law, this institution apparently has no place, but its theoretical origins can be found as a whole in Imami jurisprudence. The present article intends to investigate all six licensed resale titles in the Convention separately and in detail in the criterion of jurisprudential principles by descriptive-analytical method. The result of the research is that the right or obligation to resell the goods is generally acceptable and can be found in the structure of the original jurisprudence, but in some cases, the application of Article 88 can not be applied to the jurisprudential principles, unless the secondary title is applied.

The development and expansion of commodity exchanges and the prospect of their transnationalization require that while examining the relevant laws and rights at the international level, the ground for their development and implementation in order to increase interactions with foreign exchanges and identify new export markets. One of these rights is the right to resell the goods covered by the International Convention on the Trading of Goods (1980). Studies show that the possibility of resale is not provided not only in commodity exchanges but also in the Iranian legal system, and the resale of goods before the termination of the initial transaction in one of the legal or contractual ways, the seizure of other and subject property The rules of transactions are volatile. The results of the research indicate that by amending the relevant instructions in the Iran Commodity Exchange, the right to resell the goods to the buyer and the seller can be used, and thus the possible damages caused by the buyer's non-transaction or delivery of non-compliant goods by the contract. The seller stopped

Due to its predominantly arid and water-deficient climate, Iran faces the challenge of dehydration. The rate of exploitation and consumption of water resources plays some role. Iranian civil law, which is the first law governing the processes of water resources exploitation, inspired by Shi’i  law, has based its relevant rules on theories such as absolute ownership of land, priority, privacy, and acquisition. The theoretical bases of the legal system of water resources management is thus based on private property, which along with the development of new technologies of drilling and exploitation has led to uncontrolled consumption of water resources. Therefore, the revision of these theoretical foundations is necessary in order to limit and regulate the exploitation of water resources. The first theory listed above, absolute ownership of land,  crystallized in Article 96 of the Civil Code, holds that whoever owns a piece of land has the absolute ownership of the water resources under it and can use them however he wishes without any restrictions. Apart from giving rise to disputes among, A second theory, the right of precedence, regulates the use of  water resources based on the date of first discovery and exploitation, which is an implication of the precedence rule in Shi’i law according to which prearrangements for reclamation of resources is a basis for priority in possession. . A third theory, territory of land (harim), is another basis granting the owner of a piece of land  surrounding a surface water source such as a river or lake the right to own and exploit these water resources. Accordingly, the ownership of water is a function of the land ownership, and there is no right to transfer the ownership of water, independent of the adjacent lands. Some jurists in these cases have relied on the rule ‘Al-Aqrab fa al-Aqrab’ (‘Who is closer takes priority’), based on the fact that whoeveris closer to the water stream, is superior to others, and Article 156 of the Civil Code has been influenced by this theory. But the theory of attainment,which has more supporters in Shi’i law, is based on the possession of water., According to this everyone owns any amount of water that he or she obtained through the possession and branching of surface water or digging wells and aqueducts. Article 149 of the Civil Code regarding the possibility of acquiring surface water and Article 160 of the same Code governing the digging and acquisition of wells and aqueducts have been taken from this theory.  These theories, which have led to the private ownership and management of water resources, have led to the development of mechanized methods of exploitation and, in turn, to the destruction of water resources. Articles of civil law and other regulations that are influenced by the aforementioned theories, on the one hand, and a tendency towards a state-centered view of public ownership, on the other, as in the Law of Equitable Distribution of Water, which recognizes the government as the owner of water, by applying proprietary behaviors, makes it an instrument for its economic and social policies, has permitted the unwarranted exploitation and has exacerbated the water crisis. Therefore, based on the environmental needs and the international trends viewing water as a national asset belonging to future generations, this article seeks  a theory that can be based on environmental, jurisprudential and legal principles and provides grounds for  revising laws and regulations governing the ownership and management of water resources, in particular Articles 149 to 160 of the Civil Code, which make water a common property that is open to free acquisition and private ownership.  Accordingly, Article 1 of the Law of Equitable Distribution of Water, enacted in 1982, which is influenced by Article 45 of the Iranian Constitution, has a great potential to change the approach to the ownership of water, based on the concept of public trust, private ownership to one based on the concept of trust. The article relies on the explicit use of the word trust in the Law to lead to more effective policies and regulations in the protection of water resources and in the issuance of licenses for its exploitation, and to prevent unrelenting competition in the consumption of this common resource and uncontrolled harvesting and drastic reduction ofthe country's water reservoirs. This article uses an analytical and descriptive research. Relying on library resources it studies different perspectives in order to answer the question what is the basis of the right to use water resources in the jurisprudential andlegal system of Iran and which theoretical bases can be selected for it. to ensure protection and preservation of water resources. It first suggests and examines various theories, and then seeks to formulate, under the final theory which is based on the concept of public trust, a view in accordance with environmental conditions and water resources crisis based on Islamic legal principles. By amending existing laws and regulations, water can be used as a trust in the hands of the government in the public interest.

US Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. The present descriptive-analytical paper shows that these sanctions violate extraterritorial commitments to respect to human rights and international cooperation by US. Among international human rights organizations, the Human Rights Council has the authority to hear them through Universal Periodic Reports (UPR) procedure or through special procedures. The council can also address individual complaints about human rights violations due to sanctions, in which case, in addition to the US government, third-party States with international Responsibility can also be sued. The competence of other international human rights organizations and even the International Criminal Court (in terms of the relationship between crimes against humanity and human rights) is further assessed.

In Islamic proceedings, more than any other measure, a distinction between judicial and thematic matters can help to facilitate a fair trial. Subjective matters are in the position of expressing an incident and incident, and in contrast, judicial matters consisting of law, legal rule, sources and valid Islamic fatwas and Judicial procedure in the general sense. According to the basic principle provided in the law, it is the duty of the litigants to present the matter and the judge has no right to intervene in this matter. Judicial matters are also within the exclusive duties of the judge and the maximum role of the litigants is to remind the judge and their actions are beyond their authority and power. Resolving the dispute by the judge and issuing a verdict by him, is basically subject to the separation of thematic matters from matters Judgment and order of matters is a matter of subject matter. Failure to separate judicial matters from thematic matters by judges, lawyers and experts on undesirable effects and problems such as delegating judgment to an expert, lack of proper oversight of the Supreme Court over the implementation of the law, issuing rulings outside the requested framework, and inappropriate interference of judges in matters. In this article, while comparatively analyzing thematic and legal matters in Imami jurisprudence and common law, the effects and benefits of separation between them will be stated, and criteria will be provided to distinguish legal matters from thematic ones in order to reduce the aforementioned possible effects using these findings

Investment is the main requirement for countries that are trying to achieve a satisfactory level of economic development. One of the most important markets to attract investment is the capital market. By reviewing theoretical and empirical studies, we try to answer the question that what is the relationship between social capital and stock market? The findings of the paper show that the capital market is influenced by social capital through variables such as trust and the cooperation between individuals to achieve economic goals and as social capital is stronger as the economy and stock market will be strengthened. The paper also shows that by increasing communication, strengthening associations and increasing social participation that means boosting social capital, capital market will also be strengthened.Strengthening the capital market is a strategy that can have many fruits for different sections of society.And the overflow of positive effects is manifested in the strengthening of social capital in the capital market and economic development.

The jurisprudential control of rules as one of the important duties of the Guardian Council is rooted in the special historical-legal basis of the Mashruteh Constitution, which should be sought in a series of events led to ratification and implementation of the second article of amendment of this Constitution. It appears that religious scholars emphasized the authority of jurisprudential basis in the system of country's legislation according to religion, providing the majority of Muslim nation's opinions and ensuring the implementation of the parliament's laws. So, following some scholars, clerics, and members of parliament's efforts, it has been done to consolidation of the second article of the first Iran's Constitution that has provided the field for legal control of rules related to the fourth article in the Islamic Republic's Constitution as a stable legal theory in the history of Iranian law Constitution.

Due to the importance of judicial procedure in the sources of law and the limited attention to the rulings of the Supreme Court in the studies of Administrative law, this paper reads and analyzes Unification Judgment of Supreme Court  No. 792 of the General Assembly of the Supreme Court dated 24/4/99. The branch of the Administrative Justice court is considered competent to hear the final lawsuit of the Regional Water Company as an executive body against the final decision of the Commission for the Management of Groundwater. After a brief review of the case file, in this article documents and evidence of judges of The Supreme Court for the ruling have been investigated and the effects of this ruling on Iranian administrative law has been dealt with. In terms of legal implications, the recent ruling has led to the development of the jurisdiction of the Administrative Justice court in the scope of plaintiffs which the authors see it in line with the principle of priority of public interest, the protection of water resources and specialized handling of administrative lawsuits.

Brain death involves the complete and irreversible destruction of brain activity characterized by profound coma, apnea and the absence of all brainstem reflexes. The issue of organ transplantation is a very important issue in the field of jurisprudence and law in addition to being one of the issues to be considered and analyzed in the medical world, especially in jurisprudence and the issue has been raised with great sensitivity and since this practice is entirely sensible. Individuals are physically related and in the fulfillment of the sacred duty of the human being and his/ her physical integrity as Ashraf the creatures and the caliphate is of particular importance. The ethical roots of organ donation in brain death patients are that different religions and cultures cannot easily accept that a person who has vital symptoms can be dead and accepted, especially by close relatives. Very difficult. The ambiguity and fears are not due to the precise diagnosis of the time of brain death, but to the early detection of death and early donation of organs. Since organ transplantation plays a vital role in saving human lives and the sacred law has made human life and health as its essential concern, it can be said that with proper understanding of human beings, the limits and scope of research, education and treatment. Human beings will be identified and the health of society and the survival of the human race will depend on this knowledge. It is also recommended to consider necessary educational programs in order to increase the knowledge and positive attitude of medical staff and community members towards organ donation. In this article, we will try to articulate the legal principles of organ transplantation while expressing the arguments of supporters and dissidents of the brain dead.

One of the most important achievements of Iran’s “Enghelab-e Mashruteh” was the Constitution. While it was considered as the most important guaranteeing document of the principles of the constitutional movement, it was changed and revised many times over the course of seven decades. Some revisions of the principles seemed inevitable due to the reign of the monarchy in the first decades. However, the 1949 amendment which granted the Shah with the right to dissolve the Houses, the 1957 amendment which gave the Shah the veto power over the financial decisions of the parliament, or the 1967 amendment regarding how to choose the heir to the throne led to changes in the constitution which cannot be justified through the legal grounds available in historical documents. It seems, however, that behind these legal aspects, political motives of the authoritarian monarchy has been the cause that led to these changes and disregarding the foundations of the Constitution. This research is an interdisciplinary work which studies the historical circumstances and the legal arguments put forward in accordance with these conditions, and criticizes the amendments to the Constitution.

The Feasibility to resale of goods in Shiite 's JurisprudenceThere are some cases in our Jurisprudence and law system relating to legally binding of breaching a promise including right of confiscation ,the right of canceling a contract through contractual options and guarantees. Beside common guarantees in article88 of the convention of International sale of Goods1980(CISG) ,it also enables two sides to sell the goods to a third party to guarantee possible losses in case of breaching a promise .Review of the case in the convention and possibility of it's possibility in Iran's law in the various assumptions of the Convention can be explored in the form of different jurisprudential institutions based on jurisprudence rules including . retaliation would help us to establish the right of resale of goods in our civil and commercial rules .Keywords: resale of goods, receipts, creditor's refusal of receipts, retribution, loss of seller, Imami jurisprudence

In studying the lives of the famous writers, Azar-Yazdi and Islami-Nodoushan, we encounter a kind of scientific and cultural self-reliance that is based on reading books in their areas of interest, somewhat unrelated to the influence of teachers and schools. This self-based educational policy, beginning with Azar-Yazdi regreting his loss of official schooling and trying to compensate for it by being trained in Yazd Bookstore, excited Islami-Nodoushan, who was a high school student frequently talking with Azar-Yazdi. This enthusiasm for reading books leads then to scientific autonomy. Although signs of this self-taught approach can be identified in the lives of many famous people in the field of science and culture, but re-reading the book-oriented and talented experience of these two authors in terms of origin and method and written works equals the written memories left by them, indicating the privileged role of reading and creativity in shaping the personalities of youth in the success of these distinguished figures in the field of culture and writing that can be considered in formal education methods.

the global epidemic (pandemic) of Coronavirus (Covid-19 disease) has raised many legal questions. In special coditions that effective treatment of this disease requires the strengthening of the health care facilities of all countries, it is a vital problem, the assessment of need to abrogate unilateral sanctions against Iran, which was one of the first affected countries by the disease. In addition to doubts that there have been always about the legality and legitimacy of such sanctions, the present descriptive-analytical research shows that the United Sstates government must abrogate unilateral sanctions along commitment to international cooperation and respect for human rights and in order to protection of individuals in the event of disasters . In addition, the US government's commitment under international health law is another necessity for abrogation of sanctions, and this violation can be pursued through the arbitration mechanism set out in international health regulations of World Health Organization.

Iran's civil law, as one of the most enduring effective laws in the Iranian legal system, is the result of the extensive efforts of compilers who benefited from deep jurisprudential and legal knowledge and experience. In the meantime, examining the role of an experienced jurist and judge such as Seyyed Mohammad Fatemi Qomi as one of the most effective writers of civil law can help explain the historical and legal principles of this law and discover the obscure angles in the history of Iranian civil law.

With a descriptive-analytical approach, all the letters, letters, lectures and articles that exist from the authors of the Civil Law are used to discover and explain the subject.

The draft of the first book of the Iranian Civil Law has been compiled several times by Seyyed Mohammad Fatemi Qomi from a decade before its adoption and has been presented in various meetings.

Based onthe research in the available documents, it seems that the scientific and experimental efforts of Fatemi Qomi in the two decades after the Constitutional Revolution, which led to his frequent drafting of civil law, in the final compilation of the first book of civil law in the commission The compilation of this law in 1307 had a special and unique role, which after the approval of the parliament, has taken the form of a codified law.