فهرست مطالب رضا سکوتی نسیمی

According to the general principle of faithfulness to the promise and the execution of the contract, the full implementation of the obligation intended by the legislator, and the violation of the contract or the failure to fulfil its provisions are accompanied by the application of guarantees that are included in the text of the law and leads to compensation for damages. The efforts of all legal systems, including Iran and Egypt are to implement the contract as much as possible, and in this research, an attempt is made to use a descriptive-analytical method, considering the divisibility of the right of dissolution of the contract, the rights of the contracting parties in case of non-implementation of a part of the contract or its contrary and unreasonable implementation, and also in case of having the right and the multiplicity or inheritance of the right of dissolution has been researched in the civil law of Iran and Egypt that in these circumstances (nullification or dissolution) the violation is only on the same part of the contract and the rest of the contract and the whole contract remain valid, unless the violation of a part of the contract causes a fundamental violation, in which case there is a right of dissolution the entire contract.

The purpose of the present research is to compare the provisions, effects and rulings of the termination and dismissal of the contractor, and to review and suggest the necessary solutions to modify their provisions. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The plans and construction projects of each country can be considered as one of the indicators of the growth of excellence and economic prosperity of that group. For the implementation of projects in Iran and even the Ministry of Oil, a document called Peyman is used, which has several components. One of these components is the general terms of the contract, which is placed next to the private terms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Previously, the guarantee of the contractor's violation was included in the set of general conditions of the contract, termination. which consequently includes special rules and works for itself. But currently, according to Article 3, Clause B, Part 6 of the Ministry's Powers and Duties Law, agreements, appendices, general conditions, private conditions of contracts for the supply of goods and construction equipment and installation in the downstream oil and gas field, guarantee of execution from termination Changed to dismissal.

In Iranian law and the jurisprudence of Islamic Khamsa religions, there are various topics regarding the right of termination, and there are many differences of opinion and ambiguities in this regard. There are many questions in this regard. In this research, an attempt is made to analyze the descriptive and analytical method with regard to the divisibility of the right to terminate the contract, the rights of the contracting parties in case of non-performance of a part of the contract or its contrary and unreasonable performance, as well as in the case of having multiple rights or inheriting the right of termination, in the law Iran's civil society and Islamic religions should be examined.
This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books and articles. In this research, in addition to descriptive, comparative and inferential answers to the above questions and other cases, also in cases where there is ambiguity through explanation, inference, analysis, reasoning and use of legal and jurisprudential rules and regulations and the spirit of the laws, the ruling of that statement becomes.
According to the general principle of faithfulness to the promise and the execution of the contract, the full implementation of the obligation intended by the legislator and the violation of the contract or the failure to fulfill its provisions are accompanied by the application of guarantees that are included in the text of the law and lead to compensation for damages, the efforts of all legal systems, including Iran and Egypt want to implement the contract as much as possible.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In the case of invalidity or termination, the breach of the contract only applies to that part of the contract, and the rest of the contract and the entire contract remain valid and valid, unless the violation of a part of the contract causes a fundamental violation, in which case there is a right to terminate the entire contract.

Today, as legal relations among individuals become more complex, new legal needs have arisen for which, jurisprudence must give a form through creating new legal institutions with use of the existing capacities. Based on Article 3, paragraph "b" of Part 6 of the Law on Powers of the Ministry, general and private conditions of the contracts in the field of downstream oil and gas, one of the innovations in the Ministry of Petroleum was compiled by the Deputy of Engineering and Technology of the Ministry of Oil, and the whole subsets of the ministries were then informed for implementation in accordance with Oil Minister’s notification No. 28/1-2045. The Ministry of Petroleum is an exception to the general requirements for the development of planning management, and for this industry, due to the specific conditions, specialization and complexity, the general conditions for oil and gas have been approved. The present study investigates one of the 77 articles of the general conditions of downstream oil industry (PC) contracts regarding the dismissal of the contractor under clause 68. This newly established legal institution has a lot in common with legal institutions in the general rules of contracts. Despite the similarities, in the present study, dismissal is called by the new legal institution, which has its own form and especial effects.

Revocable contracts are terminated as a result of such incidents as the death and incapacity of either party to the contract. An important issue concerning revocable contracts is the basis for dissolution of these contracts as a result of the aforesaid factors, which has been a matter of discord among Imamiya jurists and jurisprudents so that some jurists and jurisprudents consider dissolution of the revocable contracts an option coming from their revocability while some others have expressed other fundamentals for dissolution. In this research work, while reviewing viewpoints by Imamiya jurists and jurisprudents on the grounds for dissolution of the revocable contracts, we have taken into consideration Imam Khomeini’s views on the issue. Unlike Iranian law, the issue has not received due attention in Egyptian law. However, given the instances of dissolution in some revocable contracts such as lending contract, it can be said that in Egyptian law, the basis of dissolution of revocable contracts often rests on the will of contract parties.

One of the developments that was made in the French Civil Code in 2016 as a result of obligation rights' reform was the prediction of independent models to cession commitments and expression of the criteria governing them including the explanation of the status of accessories and guarantees of the original obligation in case of cession to third parties. However, this subject has many ambiguities in Iranian law and there are no explicit and definite articles about it. The Iranian Civil Code with adaptation of former French Civil Code, mentions the methods of Cession of Commitment, but contrary to French law, do not specify their effects and rulings, including the status of Accessory Contracts. The descriptive-analytic study of the subject in the legal systems of France and Iran demonstrates that the new French law of obligations is very similar to the Iranian legal system in this regard and in both legal systems, by ceding the positive aspect of the obligation (cession of the claim), its accessory contracts are also ceded, but the cession of the negative aspect of the obligation (cession of the debt) causes the termination of its accessory obligations.

The expansion of nuclear activities has been accompanied with increased nuclear transboundary risks. One of the legal issues is the determination of the competent court and law. Civil nuclear conventions consider a single competent forum to deal with all actions, that is the court of the country within the territory of which the nuclear incident occurred or the courts of Installation State. The applicable law is to be the provisions of the conventions or national legislation of the competent court . Even though Japan is not a party to any of the international nuclear liability conventions, it has a solid national third party liability legislation on nuclear responsibility according to which, the court of the country where the incident took place has the jurisdiction, and the applicable law is usually the law of the place where the damage has occurred. Since Iran it is not a member of civil nuclear liability conventions and it does not have any relevant domestic law in this field, it has used general rules such as defendant’s domicile to determine the competence court and the applicable law, which in many cases will be ineffective. Therefore, the specific legislation or at least membership of the relevant conventions is necessary.

Contract interpretation is one of the problem areas in the contracts. There are many basics for interpreting the contract. Approximately the principles of interpretation have been considered in various legal systems. One of the principles presented for interpreting the contract is the discovery of the truth based on the will of the parties. It is customary to create conflict between the will of the individuals (dominant and externally) in the field of contracts. Conflict arises from the real and declared will of individuals. In most legal systems, contract interpretation and conflict resolution are preferable to real and inner will, in such a way that if true, the true intention of the parties is other than that which has been expressed, the real will will be preferred, which ethics also accepts. And this issue has been accepted in jurisprudence, Iranian law and EU law. On the other hand, English law has a different approach to these systems, although it is possible that ethics will not accept this interpretation in some cases. In the current research, regardless of the views of researchers in this field, the actual and internal will, with moral justification, is preferred to the will expressed.

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.

In-binding conditions in contracts have a superior place. One of these conditions is the resultant condition which although has been paid attention in articles 234 and 236 civil code, but there is not a forthright discussion about its corollary condition realms and the opposing transactions. In this research attempts have been made on discussion about the concepts of corollary conditions and their realm and then the legal and juristic state of its opposing transactions. For this purpose valid legal and juristic references have been referred to and attempts have been made to open discussion on Imamiyeh and lawyers point of views which themselves have been a focus of different debates. Afterwards judicial precedent has been reviewed briefly and finally attention has been made to independent point of view which means such transactions are non-referable.

It must be said that jurists and lawyers generally believe that intention has no effect on rules governing inheritance and these rules are unchangeable because they consider them as mandatory norm. Subsequently, whenever devisor or heir applies his/her intention on these rules, it has been rejected. Heirs would be able to change some of these rules in different ways, for example, by renunciation or transmission of share of inheritance. Actually in many cases these actions are compatible with legal maxims, thus it is unacceptable to revoke these actions based on stereotyped phrases. At first it’s necessary to recognize different forms that heir would be able to apply his/her intention on these rules and secondly ascertain special legal natures of them. After the investigation of lawyers and jurists' point of view we endeavor to validate such actions according to their legal natures in order to prevent the violation of the person rights.

Various kinds of recoverable damages and the method by which the mentioned damages could be recovered are among the issues that have been addressed by the conventions on nuclear liability. The provision of financial guarantees, as one of the principles of nuclear civil liability, is regarded as the most important loss compensation method. The worldwide acceptance of insurance has led to the approval of relevant rules in the conventions. Insurance only covers damages which have been enumerated in the related conventions. Bodily and financial damages under the preceding conventions and new titles of nuclear damages such as lucrum interceptum and pure economic losses under the contemporary conventions have been stated as recoverable. It appears that pure economic losses are recoverable through the generalities of tort rules such as La’Zarar, according to the Iranian law. Nuclear installations operators have limited liability under conventions or domestic laws; however, Iran’s law has no specific provisions regarding the civil liability arising from nuclear accidents and is not a signatory to any of the conventions as well; thus, general principles of liability could be invoked, that of course based on which the liability is unlimited; therefore, formulation of a particular law or membership in the pertinent conventions is essential in order for exploiting insurance facilities.

Clauses in contracts is one of the most important issue of the law of the contracts and in reality, it is an emergence (form) of autonomy (the ability of the person to make his or her
own decisions) in the contracts. One of these clauses is the condition about performance of an act which is determined in two forms: from one side, positive and negative and from the other side, material and legal in the contracts. In the Civil Code of Iran, the legislator has specified on the condition of positive and negative act in Articles 234 and 237 but it has not specified on the condition of material and legal act. It has also stated the violation of the negative and positive condition in the Civil Code of Iran in Articles 237 and 239 which determines that there are no differences between the executive guarantee of them in apparent. This article is going to answer this question that if the executive guarantee of the violation of negative condition is the same as the executive guarantee of the violation of positive condition which has determined in Articles 237-239 or it should be looked in the other executive guarantee. For answering to the mentioned question, it has tried to see the issue from the view of the legislator with considering the instances of the violation of the negative condition in the civil code of Iran and it has been studied from the point of the Islamic jurists and law scholars and Precedent (judicial precedent) and lastly, the intended idea and its reasons which are the right of the revocation of the person to him the promise is to be made and the legal right to claim compensation has been implied which it differs from the executive guarantee of the violation of positive condition.

Marriage that forms the basis of the family must be based on veracity of wife and husband and their relatives, but in some cases the two parties of marriage or relatives neglect the veracity and try to hide the truth or speak despite the truth that is called Tadlis (misrepresentation). Although Tadlis (misrepresentation) in selling causes termination based on the civil law, there is no legal command about misrepresentation in marriage, and we have legal lack in this case. In this study, there is an attempt to describe the meaning of tadlis from the point of view of jurisprudence and law and then to point out to territory of tadlis. Moreover, the conditions and effects of misrepresentation is studied and it is proved that for occurrence of misrepresentation there is no need to cheating and in some cases even not saying anything causes misrepresentation. Regarding the effects the injured party can ask for charge of misrepresentation in addition to the ability of terminating the contract and the misrepresentator will have criminal conviction in some cases.

As a main element of contracts and unilateral contracts, will has always been focus of attention of Lawyers and jurists but they have never focus on it as an effective element in inheritance neither independently nor dependently because they assume rules governing inheritance as mandatory norms. Lack of attention to said issue is rooted in the fact that the prominent view as regards the rules applicable to inheritance is that inheritance is by nature completely non-optional and rules applying thereto are among peremptory rules. In this paper we try to prove that devisor can change rules governing inheritance directly or indirectly. Some of lawyers and jurists in some cases have accepted effects resulting from such voluntary actions. Relating to this, lawyers and jurist's point of view also will be mentioned and subsequently assessed.

Lawyers and jurists always study intention as essential element in contracts and onesided dispositions and also indagate its relevant issues but they have never focus on it as an effective element in inheritance neither independently nor dependently because they assume rules governing inheritance as peremptory norms. In this paper we try to prove that a person can change rules governing inheritance by will indirectly. In other words we believe that will is able to change this rules within its authority because there is not any conflict between will and inheritance. Furthermore some of lawyers and jurists in some cases have accepted effects resulting from such wills. Thus we investigate different forms of will (for example deprivation from inheritance or changing share of inheritance and et cetera) witch practically lead to this change .Relating to this, lawmaker, lawyers and jurist's point of view also will be mentioned and subsequently assessed.

Civil code has shortly accepted the condition of non-transferring acts in object of sale under the article 454 and has introduced the invalidity of possession as the sanction of deviation performance. However the decree is ambiguous and brevity in two respects. Firstly whether the condition of non-transferring acts in this article belongs to affirmative condition or corollary condition and secoudly، what invalidity means. This study tries to survey، at the first place، the validity of non-transferring act condition form the standpoint of ImamiehJurisprudence. This view encompasses three standpoints of the invalidity of condition and contract; the invalidity of condition and the validity of contract; and the validity of both condition and contract. The study، then، analyzes the view of lawyers on the afore-mentioned themes. Finally the author’s viewpoint which is based upon the automatic cancellation of invalidity is explicated.

The contract division which has many applications in 'Imamiyeh' jurisprudence is Aleatory contract and Beneficence contract. The purpose of the contract parties is the base of the divisions. In aleatory contract the purpose is to make a fortune but in beneficence contract it is kindness and altruism. In beneficent contract, the personality of contract party is the main reason for signing the contract because features of contrast party are the stimulus for charity and altruism. Therefore, in beneficent contract mistake in the personality of contract party results in cancellation of contract, while in aleatory contract, the purpose is making fortune and it does not matter who is the contract party. Yet, the personality is the base of beneficence contract but in aleatory contract the personality does not affect.