عباس کریمی

Problem: 

Difference of opinions regarding the property restitution stems from inaccurate legislation or uncertainty of the legislator because of different opinions in jurisprudence in response to this question: assuming the existence and non-existence of the object considering the unjust remaining of the object in the recipient's ownership, is restitution of the object possible or a substitute can be demanded? Or is it appropriate to directly discuss about the price?

Using jurisprudence and comparative study with the new amendments of the French Civil Law 2016, it is mentioned that in case of the object existence, immediate restore of the property to the owner is necessary and in case of any defect, the holder is responsible. However, such an obligation is incumbent upon the property holder with ill will.Finding and

In our jurisprudence and law, in cases where the restitution of the originally property is necessery, in case of loss and where the benefits are achievable, the price of the restitution day can be demanded instead of seeking the same property. If the property paid is in cash, it can be calculated according to the inflation rate from the day of receipt to the day of payment. Other damages can be compensated based on civil liability.

Waiving Resolutory Condition; Criticism and Analysis of Judicial Precedent with Comparative Insights from French and English LawThe article explores the feasibility of waiving a resolutory condition through judicial review and a comparative examination between the legal systems of France and England using a descriptive-analytic research method to achieve uniformity in judicial precedent between the courts. The primary question is, after fulfilling the resolutory condition, is the contract valid just by the parties’ agreement to waive the condition and remain of the contract? Is the contract reinstated? Could the Beneficiary (the person in whose favor a condition) waive a resolutory condition by himself and therefore, prevent the termination of the contract and reinstating the contract? The nature of the resolutory condition and its consequences on the contract, the dependence of the termination condition on the will of the person in whose favor a condition is made before and after the fulfillment of the condition has been examined. The most important impediment to the fulfillment of the resolutory condition has been reviewed, It was concluded that before the fulfillment of the condition, the parties’ agreement to waive the condition is valid, as Could the person in whose favor a condition is made waive a resolutory condition by himself. Also, the parties’ express or implied agreement to waive the termination and maintain the contract is reputable even after fulfillment of the resolutory condition, as the will of the person in whose favor a condition is made to bind a contract and not invoke its termination, will be sufficient for reinstating the contract. Thereupon, the jurisprudence shall avoid unnecessary termination of many contracts by considering the results acquired by the article.Keywords: Resolutory Condition, Waive (Withdraw), Nature of the Condition, Suspension, Applying to Termination (Dissolution of Contract), Restoration of the Non-Existent, Constructive Subjects.

In the last several decades, there have been many new and unprecedented legal problems that have arisen as a consequence of the globalization of commerce and communication, but there are no straightforward answers in the positive law or other legal sources. In this paper, we analyze in depth the subjects governed by laws governing monetary obligations. In order to provide legal solutions to problems faced, a comparative study with western legal systems was conducted. The principal laws applicable to the monetary obligations govern the money of account and payment of the obligation, the valid mode of payment of the monetary obligation, interest, the exchange rate, revalorization, the grounds for the suspension of monetary obligations, the monetary unit currency of each country, determining money when governments are substituted.The incidental laws applicable to the monetary obligations govern the money of payment in the absence of an agreement between the parties, determination of bank holidays, the grounds for suspension of monetary obligations, the currency of the dispositive part of the court's ruling, interest rate in the absence of an agreement between the parties.

Metal Matrix Composites (MMCs) are of great importance in the industry due to characteristics such as good corrosion resistance, superior elastic modulus, high strength-to-weight ratio, and thermal stability. Among MMCs, Hybrid Metal Matrix Composites (HMMCs), which use two or more reinforcements, offer a combination of desirable properties.

In this research, to fabricate composite samples, the surfaces of aluminum and copper sheets were first prepared by washing with acetone and brushing. WC and MoS2 powders were heated at 120°C to remove moisture. Four aluminum sheets and one copper sheet were stacked, with WC and MoS2 powders sprinkled on them. Then, these sheets were arranged in a sandwich structure consisting of four layers of aluminum, one layer of copper, and four layers of WC-MoS2, and rolled using a 30-ton rolling mill with a 65% reduction in cross-sectional area at room temperature without any lubricant. After the initial rolling, the sandwich was cut into three equal parts, and after cleaning and surface preparation, they were re-stacked into a new sandwich and rolled with a 60% reduction in cross-sectional area. This process was repeated for seven cycles, according to previous studies on the fabricated samples.

In this study, the hybrid composite Al/Cu/WC/MoS2 was fabricated using the Accumulative Roll Bonding (ARB) process over seven cycles. Structural analysis using X-ray diffraction (XRD) patterns indicated that no new phases were formed. Scanning Electron Microscope (SEM) images confirmed the desirable multilayer structure. The ARB process resulted in the proper distribution of copper metal and WC-MoS2 particles within the aluminum matrix. In the final stage of ARB, the copper metal was distributed in an island-like pattern within the aluminum matrix. Corrosion tests showed that corrosion resistance improved with an increasing number of ARB cycles. The corrosion current density in the hybrid composite produced with seven cycles was lower than in other cycles due to the minimal porosity and homogeneous distribution of MoS2 and WC particles, indicating the highest corrosion resistance. The corrosion current density in the hybrid composite produced with seven cycles was lower than in other cycles due to the least porosity and homogeneous distribution of MoS2 and WC particles, indicating the highest corrosion resistance.

The legal characteristics of money serve as the gateway to the world of monetary debts, emerging from a comprehensive understanding of money's economic roles. Customary law, in this context, seeks to explore social realities and understand the institutions that humans have developed. By examining existing practices, it aims to establish legal obligations. Consequently, the law positions itself to support the economic functions of money through a declarative lens, assessing these functions before recognizing them as legal definitions through applying reason and logic. Interestingly, domestic legal literature often lacks a function-oriented economic perspective and tends to blur the distinction between the legal characteristics of money and the rules governing monetary debts. Discussions on this topic frequently focus more on regulations regarding monetary debts rather than on the essence of “money” itself, regardless of its role in creating obligations. Therefore, the main question the authors seek to address is: What are the legal characteristics of money in its pure form? This research employs an analytical-library method and a comparative approach, drawing from legal and jurisprudential thought (particularly common law), to systematically identify the legal characteristics of money.

This article discusses the diagnosis and monitoring of patients with colorectal cancer using liquid biopsy. Colorectal cancer is one of the most common types of cancer worldwide; moreover, its diagnosis and monitoring is of great importance due to various factors such as lifestyle, environmental and genetic factors. There are various methods for diagnosing and monitoring colorectal cancer which can be used as the basis for selecting appropriate treatment methods such as surgery, chemotherapy, targeted therapy, immunotherapy, gene therapy and combination therapies.

Methods and Materials:

the current study has been performed through searching “Liquid biopsy”, “Colorectal Cancer”, “Tumor educated platelets”, “Biomarker”, and “Chemotherapy” keywords in various databases including PubMed, Scopus, Web of Science, and Google Scholar until Dec 2023. Out of the 297 articles, 49 articles were selected and they were included in the study based on the inclusion and exclusion criteria.

Liquid biopsy-based analysis of circulating tumor cells (CTCs), circulating tumor DNA (ctDNA), and tumor-educated platelets (TEPs) provide useful tools for early detection, monitoring treatment response, detecting disease recurrence, and identifying tumor heterogeneity and drug resistance mechanisms in colorectal cancer.

This article examines that due to the molecular characteristics of the tumor during the course of the disease and the genetic and phenotypic heterogeneity of the tumor between primary and metastatic lesions, liquid biopsy can be used as a new solution for diagnosis and monitoring of patients with colorectal cancer.

Nowadays, both government and non-government banks, in order to perform their banking duties, conclude various contracts with their customers, such as opening accounts, granting facilities, bank guarantees, letters of credit, etc. cause legal disputes. Until a few decades ago, banks did not show much luck in referring their claims to arbitration for various reasons, such as the incorrect approach of Article 139 of the Constitution and some limitations of the arbitration institution imposed on this institution by law, such as the impossibility of issuing a temporary order. But now this perception is declining due to the non-government of most banks and also the recognition of the arbitration institution; Hence, the desire of banks to resolve their claims through arbitration, considering the unique characteristics of this institution such as the ability to be recognized and implemented at the international level, the possibility of using knowledgeable experts in banking affairs as arbitrators, maintaining confidentiality, Acceleration in handling and reducing costs has increased. However, this article tries to answer the question of whether bank claims can be referred to arbitration with a descriptive analytical method and with the aim of the possibility or impossibility of arbitration of bank claims. Therefore, after examining the basic concepts and basics of the topic of discussion, it has been concluded that basically bank claims, whether governmental or non-governmental, are arbitrable, except for the claims that are explicitly prohibited by the legislator.

This article examines the evolution of the basis for medical civil liability through the lens of judicial practice, legislative experiences, and French legal doctrine. It employs a descriptive-analytical research method. The aim is to demonstrate the shortcomings of Article 495 of the Iranian Islamic Criminal Code regarding physician liability. This article argues that Article 495 assumes no medical malpractice, which stands in contrast to comparative studies advocating for expanded physician and medical center liability without fault, alongside solutions for compensating victims. The study of French law reveals a shift from absolute physician immunity to expanded no-fault liability through various legal tools. In French law, the principle of fault-based liability for medical malpractice has numerous exceptions. Due to the difficulty of proving medical fault and the need to compensate victims, even in cases where no fault exists in the conventional sense, France utilizes a dual basis for physician and healthcare center liability. Additionally, proving fault has been simplified. Islamic jurisprudence, however, distinguishes between loss and attribution when determining physician liability. In the first case, responsibility is without fault (except under the rule of benevolence), while the second case involves fault-based responsibility. Article 495 of the Islamic Criminal Code, however, solely considers physician liability to be entirely fault-based. In most cases (as evidenced by patient acquittals in hospitals), the burden of proving fault falls on the injured party. Furthermore, the article fails to address the liability basis for hospitals and medical centers, both private and public, nor does it address liability for defective medical products and equipment. Therefore, the provision in Article 495 not only contradicts jurisprudential teachings, but the Iranian legislator has also taken a path entirely opposite to global developments. While general rules in gross negligence cases dictate that mere allegations of bodily harm are sufficient to establish liability and compensate the victim, the possibility exists for gross negligence involving a physician. For example, during abdominal or chest surgery, if scissors slip from the physician's hand and blind the patient, the physician would be liable under general rules. However, in discussions of physician liability where a crime is attributed to the doctor unintentionally and without fault, the legislator may have excluded compensating the patient to avoid imposing financial burdens on relatives ("aqeleh"). French law offers an alternative. Instead of imposing undue liability on the physician or their kin, other institutions, such as insurance or compensation funds, can be utilized. Although French and Islamic legal systems reach similar outcomes through different paths, minor discrepancies remain.

Nowadays, bank guarantees are used as one of the important tools in international and domestic trade. The present research examines the issue of referring claims arising from bank guarantees to arbitration.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Referring claims arising from bank guarantees to arbitration can be used as an effective solution to resolve these disputes.

Faster speed, privacy, flexibility, expertise and contract enforcement are among the advantages that make arbitration an alternative method to resolve disputes arising from bank guarantees.

In today’s world, it would certainly be difficult to do without services of electronic systems. Making use of these apparently free services will come at the cost of complying with terms and conditions which have already been drafted by authors of the mentioned systems as a result of a great deal of effort and possibly in consultation with lawyers. Accordingly, in case users were aware of the mentioned terms, they either have never used them, or at least would have been reluctant to do so. On that account, the present article seeks to deal with the query as to the ideal way to deal with the imposition of unfair terms and ways to minimize its disadvantages while enjoying benefits of these terms. We advocate the thesis that a composite approach, which curbs and restricts these terms in the most efficient way possible, is the ideal way to protect rights of users as the weaker party. Therefore, in the present article, using comparative and analytical-library method, we shall examine, in three sections, methods of conclusion and contents of these terms and the proposed ways of dealing with them.

This research has been written with the aim of investigating the abuse of contract law in the contract implementation stage. The enforcement of the rights arising from the contract must be done in its normal form, and deviating from the normal form of exercising the contractual right is considered a fault and leads to the abuse of the contractual right. No matter how much effort is made to prevent the abuse of the contractual right and to provide legal solutions and measures to guarantee strong and heavy performances, the recurrence of the abuse of the contractual right is inevitable, because it depends on the attitude of the rightful owner. He has the right to exercise his right. If he wants to abuse the right created by the contract concluded with others and exceed the scope of the right, the abuse of the contractual right will undoubtedly occur and there will be no escape from it. Contracts such as (Contracts with Imposition Conditions () Contracts with Obligation) (Contracts Affected by Changing Conditions) (Supplementary Contracts) and (Consumer Contracts) that are potentially abusive in private law. The existence of performance guarantees such as "modification of the contract", "termination of the contract", "compensation" and "invalidation of the contract" in the contract and laws is a key factor in preventing the abuse of contractual rights during the contract implementation phase.

Ratifying a bill in the Judicial Commission of Islamic Consultative Assembly (Majlis) on setting registration fee of Dowry over 14 gold coins in the time of registering marriage contract (Nikah), each spouse 50% , and depositing it into the Fund of Providing Dowry for Needy Couples, has put the family law on the threshold of drastic transformation. Although this change is made to serve the legal institution of marriage and reduce the amount of dowry as well as facilitate the marriage process, but its functionality is under serious doubt and even it appears that its negative consequences far outweigh any positives. Bills ratified without considering the rights of the parties in the marriage contract not only could provide a platform for men to abuse but also create unfavorable situation for women and causes girls and women as well as men be reluctant towards the marriage compared to the past. This is the fact that women may assume that marriage not only limit their freedoms, but also their life could also be faced with financial and economic threats. Thus, they gain fewer financial benefits in their common life and in order to get rid of a wrong and unsuitable marriage, they must sacrifice their ownership and sustainheavy and unfair costs. Therefore, it is highly recommended for new bills, while holding a compressive approach towards liberty and contractual rights, to provide the goals of the legal system and secure the rights of both parties. Consequently, the current study by descriptive- analytic approach and by collecting data from the library sources, while attempts to survey the fundamental and legal aspects of this bill, also provides solutions and suggestions with the view on the couple's legal system of in France.

. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future

building pre-sale contracts have different and important issues, which are necessary to explain and analyze due to the fact that a large part of the society is affected by it. Based on this, the purpose of this article is to investigate the legal status of deferred mortgage on transfer in building pre-sale contracts.

The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the text, honesty and trustworthiness are observed.

The contract of assigning the rights and obligations of the pre-seller to the pre-sold unit is concluded in any format and with any title, it is a ceremonial contract, the preparation of the official document is a condition of its authenticity and validity. Another point is that obligations and transactions contrary to the rights of pre-buyers, including the late mortgage contract, according to the pre-sale law, are revealed by what was said, the practical necessity of the property bill in the mortgage contract. The building pre-sale contract is a specific contract, whose rules, effects and title are stated in the building pre-sale law.

In case of non-enforcement of the pre-purchaser, the mortgage is void, and the bank cannot seize the building as an objective right due to the invalidity of the mortgage and satisfy its claim by auctioning the mortgaged property.

Abrahamic religions, including Judaism, Christianity, and Islam, possess sacred scriptures like the Torah, the Gospel, and the Quran, respectively. These religions claim to provide guidance to humanity, aiming for righteousness, happiness, and spiritual fulfillment. The teachings of these sacred scriptures have profound impacts on individuals and societies, influencing spiritual, emotional, moral, and social aspects of life. This article aims to delve into the individual and societal effects of the Torah and the Gospel while exploring the influence of affinity with the Quran, as emphasized by Imam Khamenei. Using a descriptive-analytical approach, the author examines how reading the Torah and the Gospel, along with affinity with the Quran, affects individuals and communities, as viewed through the lens of Imam Khamenei. The research findings reveal that affinity with the Quran brings about spiritual closeness to God, continuous devotion to the Quran, and serves as a path to salvation and happiness. Additionally, it promotes a virtuous life and has social benefits such as increased knowledge, moral integrity, Islamic revival, and the ability to overcome dominant powers.

The Unification Judgment No. 832 of the general assembly of the supreme court, has ended the debate about the possibility of filing a lawsuit against the mortgage of the same debtor by the buyer and the transferee in general. The content of the above-mentioned verdict indirectly indicates the possibility of transferring the mortgaged property by the mortgagor. It is clear that the non-invalidity of this transaction does not mean that it is entirely valid, but this transaction is in compliance with the rights of the mortgagor, and therefore, it is considered to have the state of Adam Nofouz Mora'a. Accordingly, in cases where the transaction is made with the preservation of the rights of the mortgagor, it is not possible to file a claim against the mortgagor, regardless of whether the debtor of the assigned debt has also changed and the transferee is considered a debtor, or the debtor has not been transferred but the transferee has accepted the collection of the debt from the debtor; Although the claim for the mortgage redemption has priority over the lawsuit obliging against the mortgagor to redeem the mortgaged property, and moreover, the enforcement of the lawsuit for the mortgage redemption has priority over the claim for annulment of the transfer of mortgaged property.

Today, the attractiveness of contracts regarding consumer rights is related to their formal aspect. The rules and regulations regarding consumer rights in France have grown in the shadow of two important laws: the old civil law approved in 1804 and the new one approved in 2016. Commercial law and its regulations are constantly evolving. At first, consumer law regulations were only considered as a supplementary source of contract law (Rzepecki, 2015: resume) and gradually its rules became original to the extent that in some cases it became a source of inspiration for other fields (Julien, 2019: Résumé). As will be seen in Iranian law, there are laws such as the Car Consumer Protection Law approved on 1386/23/3, the Consumer Protection Law approved on 8/2/1388, the Electronic Commerce Law approved on 10/17/1382, the Building Presale Law approved on 12/ 10/1389, the country's trade union law approved on 12/24/1382, the country's monetary and banking law approved in 1351 with subsequent amendments, the usury- free banking operation law approved in 1362, the government punishments law approved in 1367 with subsequent amendments. They are considered a turning point in the history of consumer rights in Iran. In the reliminarynegotiations, the consumer was very weak in front of the contractual party,and this caused the stronger party to take the initiative in determining the rights and obligations of the parties, and the text of the predetermined contract containing its desired terms in front of they used to be consumers and behaved like lions and rabbits towards their weak side and drew the line of justice (Kirimi, 2016: 76). Previous articles and researches have focused on the analysis and review of the content of clearly imposed terms to ensure equality between the rights and obligations of the parties and emphasize the need for judges and legislators to intervene in ordinary laws and the constitution to create a contractual balance through the annulment of imposed terms. There is a research gap regarding the secret imposed conditions (Sardoui Nesab and Kazempour, 2013: 75 p. 37; Taghizadeh, 2014: 10 p. 9; Amini, Mansour; 2011, p. 59; Asadi, Passapour, Badini; 2017: 23; Nabizadeh Kabria; 1399: 18; Isaei Tafarshi, Ayin Alireza; 1396: 4; Elahian; 1392: 1). The research question is what is the meaning of hidden imposed conditions and what are their examples in Iran's consumer law and what is the ruling of the legislator regarding this category of conditions? The new approach to the freedom of contracts in consumer law to fight against the content of the imposed contract prompted professionals to change their position and turn to the formal aspects of the contract in such a way that today the appeal of consumer law is flexible to the formal aspect of the contract. In French consumer law, a list of black-and-gray conditions was compiled in 11 cases. In Iran, hidden imposed terms were identified in 6 cases in two ways: inclusion in the text of the contract, such as illegible, small, ambiguous terms, and inclusion outside the text of the contract, such as terms inside the packaging of goods and software products, in the middle and margin of the contract. In France, Article 1171 of the Civil Code approved in 2016, has declared the sentence of imposed conditions to be considered unwritten" as having the effect of invalidity, and at the same stage of the legislation, it specified their sentence and has the advantage of avoiding the high involvement of judges in the form and content of the" contract and as a result, the difference of opinion of the trial courts has been prevented. Considering the emphasis of the present research on the formal aspect of imposed conditions, as explained in the conclusion section of the article a proposal was made to amend Iran’s, Consumer Protection Law.

Nowadays ,the rules on the contracts and obligations encounter  many complexes.Perhaps,a contract would be in the doubt about validation and the other side, it’s preservation has precedency.The mechanism adduced by judges for prevention of the caducity and the salvage of contract in French law,named as “Sauvetage du Contrat” is simulated with “Principle of prima facie validity of contract”in Iranian law because of some points.Both eventuated to the validity of contract and applied in mistake of law and of fact but they\re different on the base and executive way.The base of salvage of contract is doctrine and case law inspite of the principle of prima facie validity of contract is jurisprudence and law.The salvage of contract is so generalized and contrary of that (that confirmed on validity of contract until performance of contractual obligations) implied on preservation of contract nexus, based on primary and mutual intention of correspondents, even if the obligations aren’t enforceable.

Contractualization is the subject of the current reflection of French law on the rapid evolution of family law. Individualism, fundamentalism, and distancing from institutionalism and imperative rules are at the root of this trend. . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not contracted.. The correct understanding of contractualization will be possible by recognizing the relationship of a legal system with contractualism. In French law, there is a serious view that contractualism, although in the service of the individual, will ultimately serve society and shape a kind of social regulation of family relations. In contrast, Iranian family law, given its Islamic origins, has a serious relationship with contracts. But this relationship is organized according to the comprehensiveand definite interest of man, in which no dimension of human existence is ignored and mixed with doubt and there is confidence in it. In this case, the interests of both the individual and society will be served. Proper knowledge of the boundaries of the imperative rules and protection of its capabilities can protect Iranian law from the harms of this trend while benefiting from contractualization.

Acting with beneficence (Ehsan)'s motivation is one of the reasons for the loss of responsibility in Imamiyah jurisprudence. This aspect the rule of beneficence (Ehsan) has also appeared in the laws of Iran, including Article 510 of the Islamic Penal Code of 1392, which stipulates that beneficence (Ehsan)'s motivation Removes responsibility. Another aspect of the rule of beneficence (Ehsan) is that it creates responsibility for the other side. This implies that whenever benefactor performs an act with beneficence (Ehsan)'s motive that the act involves a cost to benefactor or there is a fee for benefactor's action in practice, the other side must pay the costs of Mohsen or his action. There is disagreement among the Imamiyah jurisprudents in accepting this meaning of the rule of beneficence (Ehsan) and the the famous jurists hold the opposite view. Among lawyers, however, the tendency to accept second aspect of this rule is more pervasive and Some is known The basis of Article 306 of the Civil Code as the rule of beneficence (Ehsan). We believe that the second aspect of the rule of beneficence (Ehsan) can be accepted by identifying the guasi-contract resulting from the rule of beneficence (Ehsan), because being a benefactor is not equal to the Intent for free and a barrier to receiving a salary. This guasi-contract can be identified with the interpretations we give of the rule of beneficence )Ehsan( and The Rule of Value of Muslim Practice.

Today, traditional perceptions of the rules that all aspects of the deal are identified at the moment of concluding is difficult and in some cases has been abandoned. On the other hand, the analysis in the sources of jurisprudence on the rule of uncertainty and all of rules it shows any ignorance in which probability is harmed is not effective in invalidating the contract and therefore it can be divided into effective and ineffective and from dividing uncertainty into effective and ineffective interpretations of Effective uncertainty's theory . Such a division is seen in Egyptian law, and it is considered ineffective in the case of today transactions that are not rational. This division is also justified in Imamiyya jurisprudence, because in jurisprudence, uncertainty means a danger and danger is a possibility of harm that the rational way avoids, Therefore, if the custom has not turned away from ignorance for social needs, but rather succeeded, such an ignorance is not considered to be a pride and does not affect the validity or invalidity of the contract. In the present study, library and digital resources have been gathered through the use of analytical method to discover the sentence and offer suggestions

Roman glass art in the first centuries AD is very valuable and can be studied in terms of manufacturing and decoration techniques and technologies related to glass art. Flasks in the shape of human head are part of the Roman glass collection with mold-blown technique in the 1st and 2nd centuries AD, which six examples of these works are kept in the glassware and ceramic Museum in Tehran. This article, with the aim of identifying and studying the methods of making Roman head-flasks in glassware and ceramic Museum of Iran, tries to answer this question that what kind of technology was used in making Roman head-flasks? Therefore, this research in terms of purpose is applied research in terms of the assence and method is descriptive-analytical research. The method of collecting its data was library type and recording the observations and experiences of the Authors. In the results of this research, it was found that the art of Roman glass in the first century AD was influenced by the familiarity of the Romans with the methods of sculpting, molding and benefiting from them in making and decorating glass works. The mold of the Roman head-flasks of Iran’s glassware and ceramic Museum was made using advanced modeling and molding methods, and then it was made by glass blowing. There are three different manufacturing methods based on the main body of these works, in the first method, two-piece molds are used to make the overall form. In the second method, their base was added as an additional part to the work, and in the third method, additional decorative strips were used to make the base and opening of the head-flasks. All the samples in the glassware and ceramic Museum of Iran were made by the first way and in one piece with the benefit of two or three piece molds.

Marriage is the main and traditional form of family formation in the two legal systems of Islam and France. In the evolution of French family law in recent years, a concept called contractualization has been the focus of lawyers' attention. Contractualization is a process in which areas of family law that have not been contractable become contractable with the approval of new laws. It seems that contractual freedom in family law faces at least three interpretations. The comparative study of these interpretations in French family law and Imami jurisprudence as the origin of Iranian family law shows that in French family law, the process of contractualization reflects the lack of contractual freedom with the three interpretations in family law. While according to the author's view, the contractual freedom with the proposed three interpretations is current based on the Iranian family law and Imami jurisprudence. The first interpretation is the principle of non-opposition of the agreement, with the mandatory rules of family law in the cases of suspected opposition. The second interpretation is the possibility of determining the terms of the contract, which indicates serious freedom in applying the agreements of the spouses. According to the author's opinion, this principle also does not exist in French family law. The third interpretation is the well-known interpretation in the law of obligations, which does not exist in French law related to marriage.

In general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permission, and these tools of permission are not specified between the permission and the permitted person, but based on reason, this perception is created for the permitted person. There are factors in obligations that explicitly and implicitly limit it. Therefore, the purpose of this study is that permission and its functions can limit the obligation as a component, and this question is also raised as to how and to what extent the limitation is. Via examining a the descriptive-analytical method in jurisprudential and legal texts, permission is used as a component in obligations, and its tools and functions implicitly change the limits of the obligation and cause the increase, decrease, or cancellation of the obligation. Considering the past and present, no significant definition of permission has been seen in jurisprudence and law, and its legal nature has been a point of dispute and has been divided in different ways. In addition to the fact that permission has an explicit effect on the limits of the obligations, it is also implicitly effective and changes the limits of the permitted person’s obligations, and in some cases, in addition to the illegal possession, it will also have the effect of removing the guarantee. Therefore, the functions of permission are not merely limited to permission or permission in a legal event, but also in legal actions, and based on that, the limits of the obligation can be specified and determined, and the effect of possession can be considered useful. However, regarding the negation of the guarantee resulting from it, there are differences in different branches of Islamic jurisprudence (Fiqh) and law.