زهرا وطنی

In the complex, multifaceted, and critical arena of marriage and family institutions, one influential factor in the quality and longevity of family life is the set of explicit or implicit conditions that spouses include in the marriage contract. By agreeing to these conditions and relying on the commitment of the other party not to breach them, couples enter into a shared life. In today’s economic, cultural, and social context, the condition of not having children-whether for a specified period or permanently-and maintaining a two-person family has been incorporated into some marriage contracts and has captured the attention of some young people preparing for marriage. This study, setting aside the reasons why such an idea has arisen among those contemplating marriage and family formation, adopts a descriptive-analytical approach to explore the enforcement of this condition and the rights of the conditional party in cases where the condition is breached by the obligated party. By highlighting the ineffectiveness of general enforcement measures for conditions, this article argues that safeguarding this particular condition within the marriage contract depends on establishing contractual enforcement measures.

As the United Nations Framework Convention on Climate Change (UNFCCC) negotiations have failed to provide adequate protection to climate victims, vulnerable countries as well as non-governmental organizations are actively exploring legal avenues for relief. Bringing resources to compensate for the "Loss and Damage" and in this way, they consider the lawsuits as the reason for directing the UNFCCC negotiations towards predicting and stipulating the resources of this compensation. Emphasizing the necessity of the international community's support for climate damage caused by climate manipulation, especially the damage caused to vulnerable and less developed countries, this article aims to prove the impact of Loss and Damage claims on the UNFCCC negotiations and in a descriptive and analytical way, to examine the viewpoints of the proponents. and the opponents of this idea and their reasons, as well as the elements and institutions effective in this matter, such as non-governmental organizations and legal networks, finally proves that despite the fact that the mechanism of lawsuits for liability and compensation for climate harms is still in a not very advanced stage, but as a legal way it has a significant capacity to guide the UNFCCC negotiations on the issue of losses and damages, especially the need to "new and additional financial resources" on the two pillars of mitigation and adaptation by the UNFCCC.

The ongoing transactions in the society and the potential losses that may affect the parties involved in transactions has inspired jurisonsults to extract some criteria for regulating transactions to prevent financial loss. The absence of each of these criteria leads to the voidability and nullification of transaction. The criteria include: The power over surrender, value of the price and the priced item, rational benefits for both parties, ownership of transaction subject, clarity and specificity of the price and the priced item, and irrational prices, which are considered common phenomena in today’s market. The cryptocurrency market, which has emerged with relatively specific features, has characteristics that can reinforce the suspicion of voidability on their own. Therefore, aligning the mentioned criteria in juriconsulting books with the cryptocurrency market and analyzing their specific features revels that the criteria for the voidability of transactions in the cryptocurrency market is missing and the market’s specific features do not lead to their voidability. Rather, it’s entering the market without a scientific background that leads to the voidability of some transactions. Therefore, in order to eliminate the grounds for the voidability of transactions in the cryptocurrency market, we should acquire knowledge on the topic.

The popularity of the divine government, in other words the influence of the popular vote on the legitimacy of the divine ruling in religious societies, especially in Islamic societies, has always been a subject of controversy among religious scholars and power-holders in political systems based on religion.In this field, in order to justify and justify their opinion, they have tried to rely on religious sources and texts and on Muslim scholars on the Qur'an and the tradition of the Prophet and the Imams. One of the most important cases of religious sovereignty in the sacred system of the Islamic Republic and among the most important religious sources in this regard is Nahj al-Balagha.The present study uses a descriptive-analytical method to analyze the Imam Khomeini's speeches and to compare Imam Khomeini's speeches with that of the Imam Khomeini.You invited me and I was not interested in the caliphate"and the theoretical and practical adherence of Imam Khomeini is that such statements as"Even if people vote against their own will, that vote will determine the status of the nation. Was and has emergedThe popularity of the divine government, in other words the influence of the popular vote on the legitimacy of the divine ruling in religious societies, especially in Islamic societies, has always been a subject of controversy among religious scholars and power-holders in political systems based on religion.In this field, in order to justify and justify their opinion, they have tried to rely on religious sources and texts and on Muslim scholars on the Qur'an and the tradition of the Prophet and the Imams. One of the most important cases of religious sovereignty in the sacred system of the Islamic Republic and among the most important religious sources in this regard is Nahj al-Balagha.The present study uses a descriptive-analytical method to analyze the Imam Khomeini's speeches and to compare Imam Khomeini's speeches with that of the Imam Khomeini.You invited me and I was not interested in the caliphate"and the theoretical and practical adherence of Imam Khomeini is that such statements as"Even if people vote against their own will

One of the emerging sciences of the last century is the study of climate change on both local and global scales, which attributes many weather events. At the local level, climate modification techniques encompass activities like cloud fertilization to induce local rainfall.However, geoengineering, often defined as "deliberate large-scale intervention in the Earth's climate system to mitigate global warming," entails altering the climate on a global or hemispheric scale. This can have effects beyond national borders, spanning continents and hemispheres, potentially resulting in disasters such as the accidental and man-made blizzard in Beijing, imperiling human life.Despite numerous governments capitalizing on climate change for their agendas, the actions and consequences, which often impact countries beyond the responsible nation, lack coverage under national or transnational law. This research aims to highlight the absence of legal frameworks addressing governments' climate manipulation, imposing accountability on perpetrators towards victims of these actions. It reviews existing national and international documents related to climate change and seeks to address how governments can be held responsible for geoengineering.

This research adopts a descriptive-analytical and comparative approach. This research employs a comprehensive descriptive-analytical and comparative methodology, drawing on a multifaceted approach to ensure a thorough examination of the subject matter. Combining these methodologies allows a nuanced understanding of the necessity for an international Convention on the responsibility of the Geoengineering executive government and its proposed structure.Descriptive analysis allows for a meticulous examination of existing literature, legal documents, and agreements related to climate change, geoengineering, and international law. By scrutinizing these materials, the research aims to identify gaps, inconsistencies, and areas in need of further development within the current legal framework. This approach enables a clear articulation of the issues that the proposed international Convention should address.Moreover, a comparative methodology is integral to this research, as it enables the systematic assessment of existing international agreements that could serve as models for the formulation of a comprehensive geoengineering treaty. By juxtaposing agreements such as the Environmental Modification Convention (ENMOD), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Montreal Protocol, and the United States National Environmental Policy Act (NEPA), the study aims to distill the most relevant and effective components from each agreement. This comparative analysis facilitates the identification of elements that can be integrated into the proposed geoengineering Convention to ensure its robustness and efficacy.The research also delves into historical contexts and case studies to illustrate instances where climate manipulation techniques have led to unintended consequences and the absence of legal accountability. This historical analysis enhances the research's depth by providing real-world examples of the potential risks and impacts associated with geoengineering.In addition, the research employs a qualitative approach by engaging with expert opinions, legal scholars, and policymakers in the field of international environmental law. By conducting interviews and surveys, the study seeks to gather insights into the perspectives and opinions of stakeholders regarding the need for an international Convention on geoengineering responsibility. These qualitative data provide valuable context and viewpoints that contribute to a well-rounded analysis.By blending these methodologies, the research endeavors to offer a comprehensive and robust examination of the subject matter, substantiating the necessity for an international Convention and proposing a structured framework that addresses the complex challenges posed by geoengineering on a global scale.

This study underscores the imperative of drafting and regulating an international agreement concerning geoengineering practices and resultant responsibilities. After elucidating geoengineering techniques and discussing arguments for and against such endeavors, it examines four international agreements as potential models for various aspects of international disputes, responsibility, implementation, and related matters: the Environmental Modification Convention (ENMOD), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Montreal Protocol, and the United States National Environmental Policy Act (NEPA). It assesses how these agreements could inform the formulation of a comprehensive global environmental reform law. Additionally, the connection between the proposed document and the United Nations Law Commission's "Liability for Out of Acts Not Prohibited" proposal is explained. The potential consequences of instituting international geoengineering laws are evaluated using cited evidence.By amalgamating attributes like "mandating governments to perform environmental assessments in accordance with NEPA, delineating dispute resolution procedures outlined in the TRIPS Agreement, and incorporating the precautionary principle, preventive approach, and multilateral fund from the Montreal Protocol," alongside the overarching framework presented by the ENMOD Convention, a robust treaty addressing geoengineering and its associated responsibilities could be devised. This approach not only addresses existing challenges but also offers comprehensive legal guidelines for holding responsible governments accountable for geoengineering's outcomes.

Conclusions:

 Given the absence of international documents or treaties governing the planning, oversight of geoengineering actions, and legal liability for related disasters or environmental modifications, policymakers should leverage existing international law capacities. This can involve formulating standards for the management and supervision of geoengineering actions. Governments should work towards an agreement that anticipates potential geoengineering disasters, encompassing elements like damage assessment systems, impartial assessors, compensation methods, and mechanisms for resolving disputes among involved nations to avert detrimental conflicts.While assigning liability for "Out of Acts Not Prohibited" could offer some compensation for those affected by climate change, it falls short of meeting the complex needs in terms of management, oversight, compensation dimensions, and dispute resolution. Therefore, harnessing existing capacities is crucial. The Environmental Modification Convention (ENMOD) is a pertinent international treaty that could serve as the foundation for a geoengineering treaty. Legitimacy for any environmental action could hinge on its peaceful nature, requiring countries to demonstrate the peaceful intent of their actions. The Montreal Protocol, a successful model of international environmental cooperation, emphasizes the precautionary principle and employs a range of measures, from financial assistance to embargoes, making it a viable blueprint for a comprehensive treaty. The TRIPS Agreement establishes essential principles and stringent regulations, including dispute resolution mechanisms, making it a suitable basis for a geoengineering agreement. Incorporating NEPA's requirement for governments to report on environmental impact assessments into the comprehensive document could provide a framework for managing and overseeing environmental remediation techniques.In summary, ENMOD, the TRIPS Agreement, NEPA, and the Montreal Protocol offer valuable principles applicable to geoengineering. Combining these principles and additional provisions from TRIPS and NEPA could shape a coherent structure for an international geoengineering treaty. Furthermore, leveraging the "Liability for Out of Acts Not Prohibited" proposal could yield a legal framework and guidelines for the document's dispute resolution bodies

Childbearing is a natural practice by man and it is not limited to certain time, place or individual. For various reasons, the term is normally referred to as “the right of having child” in related texts. But first, evidence on legal duty of such practice is not certain in the language of the legislator. This exposes defining the nature of childbearing to challenges since legislator has not provided such definition. Secondly, presuming legality of the issue, its limits, degree of choice by individuals in enjoying or not enjoying such right, contradiction in will of childbearing by couples, etc. have not been put on paper. This descriptive-analytical research study first reviews the possibility of the duality of nature of “childbearing”, studies the conditions of each one of the couples independently, in terms of deserving such right, its longitudinal and latitudinal aspects, will of the couples, situation resulting from contradiction in will of the couples to have a child, in view of jurists and religious texts. Findings of this research study indicates that despite emphasis of some jurists on the right of women in claim of offspring, no obligation of parties to everything accompanying it, preference of the will of husband in presumed contradiction, it is difficult to prove childbearing is a “right of woman”. Apparently religious texts in alleged proof of attributing such rights for woman, considers it a right of man in the course of the right and practice of childbearing.

One of the causes of contractual liability is the breach of obligation by the obligee, after which the obligee can deal with such a breach by resorting to the guarantee of legal performance. The usual solution in Iranian and French laws is written as a law, that the absolute responsibility of the performance of the same obligation rests with the obligee and he is required to adhere to the contract in any situation; Of course, this solution in the current French law was changed after the 2016 reforms and became closer to the common law solutions. In common law, relying on the principle of  "necessity of proper gain of the contract", breaching the contract in the event that the execution of the transaction is disadvantageous due to reasons such as market fluctuations or non-execution of the contract is more beneficial than its execution, is considered a rational matter and its possibility is accepted, and despite Different procedures have been considered based on the type of violation, but it still faces the challenge of moral objections. This research, with the aim of establishing the possibility of an effective violation in Iran's legal system, uses a descriptive-analytical method to apply this theory to the pillars and certainties of this legal system and examines the objections to it, especially the forms of contradictions with ethics. The study of the systems that accept this theory shows that it is possible to consider the violation as permissible with the aim of avoiding the loss caused by the implementation, gaining more profit than the profit of the implementation, or gaining the satisfaction of the other party, it is also possible to stay away from moral objections, which is the necessity of observing the Pareto criterion. It plays a significant role in solving these problems. By proving the possibility of applying the three elements of "Substitution of the desired instead of the same", "Mitigation of Damages" and "third party responsibility" in Iran's legal system, it facilitates the acceptance of the theory of violation.

Doubts about the "Taklifee" ruling and not finding the "Amareh" is the way to adhere to the practical principle in order to remove the surprise in the position of action. Subjects of practical principles may be accompanied by necessary, accompanying or required, whether Sharee or non-Shariee and whether direct or indirect. The scope and validity of each of these are examined in the principles of jurisprudence under the title of "Mosbet" principle. Regarding the validity of the "Mosbet" principle, there is a difference of opinion among the scholars. The scholars of the principles that do not consider the "Mosbet"  principle to be a proof have insisted on it for reasons, the most important of which is the existence of conflict; This means that the "Mosbet"  principle can prove non-Sharee works (rational or normal works) for  what it  indicates, which in this case, is in conflict with the principle of the absence of said works. Some scholars do not consider the "Mosbet"  principle to be valid and authentic due to the existence of such an obstacle. On the other hand, some like Sheikh Ansari believe in the "Hokumat". From his point of view, basically, there is no conflict in the issue that can be used to invalidate the " Mosbet" principle. In this article, while examining and criticizing the existing views with an analytical method, the conclusion has been reached that the issue under discussion cannot be definitively considered as an example of conflict or "Hokumat", but in a new classification," Tafsi"  must be belived; In this way, some examples of it are examples of conflict according to some bases, and some examples are examples of "Hokumat" based on other bases. Therefore, it is not possible to deny the validity of the "Mosbet" principle by insisting on the problem of conflict.

Letters of credit are one of the most successful solutions for large and international business players in the field of increasing security and reducing transaction risk, where the buyer opens a letter of credit with a reputable financial institution such as a bank, thus assuring the seller. That is the amount promised and delivered. This process, which was based on paper and involved a lot of risks, still requires a lot of time and money, despite the many advantages of electronic systems. Therefore, any attempt to reduce time or cost increases credential efficiency. The purpose of this article is to explain the possibility of transferring letters of credit procedures from previous methods to the blockchain platform and creating smart contracts as model proposals, using the descriptive analysis procedure to coordinate and evaluate the steps in both procedures. Deals in this area and its compatibility with block chain technology and smart contracts. The results of this study show that implementing a Letter of credit on the block chain platform as a system that is highly secure and uses smart contracts (self-execution) increases transaction security and the likelihood of retaining provided documents, resulting in human resources involvement and the process from beginning to end credit makes documents shorter, faster and low cost. Usance LC on the block chain platform is also based on smart assets, eliminating the need to comply with Swift and FATF rules, including issues such as the lack of direct lines between banks in different countries.

The result of a simple and inflexible treatment of such a contract would be a breach of contract. However, the economic and legal schools of the world, in order to avoid the undesirable consequences of the violation and reduce the incidence of this legal event, seek to determine and establish ways to amend the contract instead of the violation. This descriptive-analytical study seeks to enumerate these strategies in Common law, French and Iranian law, and the principles of UNIDROIT (as international rules). Prescribing and anticipating the possibility of renegotiation, open prices, and Netback are solutions in the mentioned legal systems (except Iran) to modify and complete the contracts that are incomplete. Concepts such as force major, Hardship, and Frustration of contract can be used in UNIDROIT principles to prevent incomplete contract breaches. In Shiite jurisprudence and consequently the laws of Iran, the theory of implicit condition can be considered as a rule for repairing an incomplete contract. "The ability to determine the price" can also be considered as another solution. Also, by carefully considering and deepening the jurisprudential orders and legal regulations, it is possible to apply some of the solutions of other legal systems to the current legal system of Iran.

Cloud seeding has been used in many countries in recent decades to combat drought, reduce pollution, and mitigate global warming, among other things. Local and state laws govern the process in the United States. Due to differences in state laws, the broad extent of the land covered each time has perplexed seeders, affected people, and courts of law. Due to the sheer lack of federal laws and inconsistencies in state laws, those affected by the negative effects are legally helpless, while the offenders escape punishment. This research seeks to answer the following questions: “How well do existing laws meet current legal needs in this regard?” and “Is there a way to eliminate the potential shortcoming?” A descriptive-analytical approach is used to investigate issues arising from the lack of a federal law and the state jurisdiction of current laws. The goal is to demonstrate the inadequacy of existing laws and the need for comprehensive federal legislation. Giving the benefits and drawbacks of federal law regulation, presenting solutions to eliminate the drawbacks, and demonstrating the ineffectiveness of general responsibility laws, the benefits of developing such a law that governs state laws outweigh the drawbacks. The inadequacy of current laws in terms of their enforcement serves as further evidence of the necessity of establishing an organization to control, manage, and monitor cloud seeding.

The concept of the efficient breach is made of fundamental modifications withinside the regulation of responsibilities and the substitute of the system of ethical utilitarianism with a system based on value originality. And considers the idea of contract regulation now no longer as "obligatoriness of contracts", however as "necessity of acquiring the preferred contract", that is inevitable if the contract is acquired through executing the contract. And if its miles occurred through the breach, breach of contract isn't simplest disgusting, however commendable and possibly necessary, and "efficiency" is the criterion for being based on one in every of methods. In present-day criminal perspectives, it's miles a remember of "credit" that "shipping the authentic thing " is one of the methods to obtain it. Also, the obligation of making the "desirable" isn't completely at the obligor, and the obligee is needed to participate withinside the choicest provision of the contract because of intervening withinside the contract. In addition, it isn't simplest for the parties who're withinside the scope of the results of the transaction, however, additionally, a third party, relying on the circumstances, may input into this variety and be responsible beneath neath this agreement. The purpose of the prevailing study withinside the Iranian legal system is to use a descriptive-analytical approach to evaluate this concept to the principles and postulates of this legal system. Although before everything look this concept is taken into consideration in opposition to the obligatoriness of contracts and its utility is forbidden, however, in a deeper analysis, the possibility of its utility in this legal system based on jurisprudence isn't ruled out, And preventive liability for breaches will significantly increase economic efficiency.

Although criminal laws have strong enforcement instruments, in order According to Article 113 of the Constitution, after the Supreme Leader, the president is the highest official in the country. He is responsible for the implementation of the Constitution and the head of the executive branch, except in matters which are directly related to the Supreme Leader. The rationale of the aforementioned principle is that the president is the highest executive authority. According to Article 114 of the Constitution, he is elected by direct vote of the people. Therefore, considering that the president is elected by the people and takes over the implementation of affairs that are the affairs of the absolute authority of the jurist, it seems necessary to examine the nature of his decisions, in such a way that the president is the lawyer of the people and the validity of his decisions as the decisions of the lawyer is limited to the limits set in the constitution or that he has authority through the implementation of the leader in the determinate compass and whether can act absolutely according to the interests of the wards or is his choice a sign of allegiance and the effects related to it are current? Among these effects, we can mention people's loyalty to all the decisions made.Therefore, an attempt has been made to explain the concepts of "province", "representation" and "allegiance" with a descriptive-analytical and library method and by adapting them to the limits of the president's powers in the Constitution, the juridical nature of these decisions has been clarified.Considering these concepts and examining the necessary conditions for the president and the limits of his possessions in the constitution, the president’s privilege of the title of authority will be given. Because legislation, judiciary and implementation of laws are the affairs of the absolute authority of the jurist and considering that these affairs are delegated to triple forces in the system of the Islamic Republic of Iran, political representatives, who are called people's lawyers, as well as the president, have the title of authority, that this province is during the absolute jurisprudence of the jurist and it is obtained by means of tacit (representatives of parliament) and official (president) confirmation. It goes without saying that the nature of elections in the process of electing parliament members and the president is allegiance to the Islamic government because, as mentioned, the works of the triple forces are the affairs of the absolute authority of the jurist, whose implementation has been entrusted to the aforementioned forces.

Illegitimate sexual intercourse between a man and a woman is one of the crimes punishable by ḥadd [fixed punishment] in the Islamic legal system, and the Qur'an has determined a certain number of lashes for the perpetrator. Jurisprudents, based on traditions and after that consensus, have described the types of adultery, the perpetrators of some of them, including adultery with incest, have been deemed deserving of death, and the same opinion has been reflected in the penal code. Jurisprudents sentenced the perpetrator of some types of adultery including incest by dividing some types for zināʾ (or zinā زنی or زنا, an Islamic legal term referring to unlawful sexual intercourse) to death (Arabic: قتل, qatl) based on aḥādīth (Arabic: احادیث, singular: ḥadīth, narrations or traditions) and after that consensus, and the same verdict has been reflected in the penal code. Documentary and evidentiary problems of some traditions cited by jurisprudents put the authenticity of this fatwā (Arabic: فتوی, a legal ruling) in doubt. This article, with the aim of evaluating this fatwā in a descriptive-analytical way, has reread and analyzed the evidence referred by the murderers for this verdict, and as it is shown, the limited number of narrations in this regard, in addition to the evidence problems is in strong conflict with the narrations involving punishment(s) for this crime, and the narrations that involving qatl (death penalty), lacks acceptable preponderant point and thus, this fatwā is distorted. In contrast, the aḥādīth (Arabic: احادیث, singular: ḥadīth, narrations or traditions) indicating the general punishment of adultery (flogging) on an adulterer who committed adultery with maḥram (incest), in addition to the validity of the document, are in line with the Qur'an and therefore, they are qualified to be preferred in the position of conflict.

Hadiths or traditions attributed to the Infallible Household of the Prophet (pbuh), whom Shia Muslims regard as “The Speaking Quran”, are a means of guidance. Carelessness or fault in narrating the deeds, creeds and works of the Infallibles has resulted in fabrication, accusation, conspiracy, lies and baseless accusations against them because of the worldliness and other political and non-political factors during and after the living period of the Infallibles. This necessitates the existence of scientific principles and strong criteria to distinguish real traditions from fake ones. The traditions that do not have the name of the narrator, technically called Morsal, are not referable per se, but have been sometimes considered trustable and referable due to some reasons as reference by a reputable person, some jurists, and hadith experts. This research paper has been developed with the aim of clarifying Imam Khomeini’s views through a descriptive-analytical method to investigate quality of narration of Morsal traditions, existing viewpoints on its validity, and finally Imam Khomeini’s views on these traditions. In response to the differences of opinion on validity of Morsal traditions, Imam Khomeini has in some way made an explanation and avoided their absolute rejection or acceptance. He has put forward certain conditions for correctness of their attribution and argues that they are trustable only when firmly attributed to the Infallibles..

The disability can be a legal impediment to the independence of incapable publicly or personal occupation in its affairs and thanks to the very fact that a large part of society is disregarded and impacted. It's direct to the status of the person behavior, procedures, causes, and factors to eliminate it are vital and widely used legal issues. The need to support these property owners and control their relationships has led to the institution of forced province and entities and mandatory province. Marriage is one of the factors that address the incapacity and make people independent. This article with a comparative approach and descriptive and analytical method wish to recognize the views, similarities, and differences of the laws of the two countries, Asian countries and France, and Shi'ite Muslim jurisprudence (as the most supply of Iranian law) and identify and eliminate potential deficiencies in the outcome of ward wedding in effort disability. The effectiveness of the women's marriages in liberating their father and paternal grandfather's forced province was mentioned thanks to Iranian law that is aware of the forced province for them completely supported Shiite jurisprudence and contrary to French law that expressly states that ward marriage is that the reason to the emancipation of forced province; there's no specification in Iranian law on this matter. Citing narrative sources indicating that divorced or non-virgin (Thayyiba) females were out of their father's forced province, as well as modeling on the history of the French legislative and judicial system, it is necessary to specify this ruling in Iranian law.

Public participation in legislation has grown exponentially over the last two decades due to electronic devices. In fact, digital tools have changed the process of democracy and made the two-way communication between citizens and representatives more efficient. New media and open data at the level of online information to electronic public participation in decision-making play an active role in producing a new type of agency, an agency that has emerged not in the traditional way and only in the passive field, but in the consultative and complementary field. E-participation varies from the level of online information to e-participation in decisions. In this study, in order to take advantage of global experiences in optimizing the optimal institution of democracy in Iran, ways to increase public participation in various stages of legislation and call for effective ideas by using the vast capacity of cyberspace in other legislative systems have been monitored. The results of this study prove the necessity of serious determination of the executive and legislative powers of the country in calling and applying the opinions and votes of the people, especially their experts, and as a result increase the efficiency of the resolutions due to its influence on the collective will. It is a republic.

The Mujtahid (master jurist), after doubting in Ḥukm Taklīfī (defining law) and not finding ʼImārah (indication leading to a speculative reasoning), unavoidably performs practical principles to relieve confusion. Subjects which are the place of performance of practical principles may have with them inherent, implicant and attendant whether they are legal or non-legal or direct or indirect. In principles of Jurisprudence, the scope and validity of each of these cases is examined under the title of Muthbit Principle. Considering logical order, before discussing on validity this principle, one must first be introduced to the concept of Muthbit Principle and determine its scope as well. With a brief view at the provided definitions for Muthbit Principle by Usuli scholars, it can be clearly seen the essential difference between each of those definitions. Having used the analytical method, this study counted and criticized various definitions of Muthbit Principle. Finally, a comprehensive definition which can include all components of said principle has been provided. Muthbit Principle is a principle that, in order to achieve the legal ruling, seeks to prove inherent or non-legal intermediates, implicant or legal attendant which is arranged on legal and non-legal intermediates. So, legal intermediates which follow legal effects will also be a Muthbit Principle.

Surrendering the deal and paying the transaction price is the target conclusion of any contracts. Sales contract and its consequences have been the issue of concentration in the legal texts and the law of I. R. of Iran. These have been 33 legal rules directly and indirectly devoted to these issues and the legislator has directly allocated 18 articles of the Civil Codes to the surrendering provisions. United Nations Convention on Contracts for the International Sale of Goods (CISG – 1980) consists of four chapters and 101 articles There are several solutions in connection with the Exchange Guarantee or risk transfer in domestic law: the date of conclusion of the contract (Article 185 Swiss liability law)، the date of transfer of ownership (Article 1138 French Civil Code)، time delivery of the object of sale (Article 387 Iranian Civil Code)، and filed autonomy (of England).. In this study through following relatively the same logic، the researcher has categorized the topics and dealt with comparative aspects while explaining the differences and shared concepts of the CISG، jurisprudence، civil law of Iran and England. In spite of their slight differences، efforts are made to offer a way to create convergence between the legal systems of the above، and international conventions such as CISG. Documentation and analysis captured Article 367 to 399 of Iranian Law and CISG articles 30 to 46 and 60 to 70 which comparatively studied with the Britain’s Sale of Goods Act 1979. This study is descriptive and analytic in nature. Methodology employed is essentially based on theoretical، descriptive، analytical and comparative research approaches done in the library via note taking.