مرتضی طبیبی جبلی

Due to the special form of contracting, contracting contracts have many complications for the real understanding of the basis and nature of legal works. Financing or finance is one of these things that have made it difficult for the government to exploit and develop oil fields in the current state of embargo.

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.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

New contracts have been concluded in the phases of South Pars under the title of EPC+F with the condition of introduction of the investor by the EPC contractor, which has countless ambiguities. Including what aspects the contractor introduces the investor and what non-financial incentives this finance contract includes for the investor and the government as an employer and how is reimbursement, insurance, guarantee and bail.

In oil contracts, two methods of finance in the form of loans and mutual sales seem suitable, Although in the finance method, unlike the cross-selling method that leads to the introduction of technology and equipment, only emphasis is placed on receiving investment profits and not receiving guarantees and collateral other than the project, and repayment does not require the completion of the project, but in case of project failure, all risks It is addressed to the employer. Therefore, according to the goal of technology development and transfer, it seems that the use of cross-selling method meets the demands of the Iranian employer.

Investigating the owners' civil liability to injuries of firefighters during rescue attempts has a long history in the United States. In this legal system, the firefighters generally are prohibited from recovering damages from owners and occupants who their negligence has caused a fire or other accidents. This rule commonly is called the fireman's rule. However, Because of lawyers’ criticisms of that rule, it has been rejected or exceptions has restricted it in some states. Unlike the United States, there have been no coherent studies in this area in Iranian law. Therefore, the analysis of the issue is possible only with the generalities of civil liability. The analysis of these generalities shows where the fireman’s injuries are the result of the owner's indirect loss (tasbib), the firefighter will not be entitled to damages for injuries related to the essential reason of his presence at the scene of the accident. But if the injuries are not related to accident required presence of him in the scene, he will be strictly liable of the damages, provided that the firefighter enters land with the permission of the owner. but if he enters land with the legal permission, his liability will be based on fault.

The Rescue Doctrine is the focus of discussion on the civil liability of those endangering others toward Good Samaritans in American law. It means that rescuer who has been injured during the rescue have the right to receive compensation from a person that his harmful and culpable actions led to the need for that rescue operation, even if the attempt to save is unsuccessful. Because the harm incurred by the rescuer is the predictable result of negligence. In Iranian law, despite of not specifying this doctrine, the result of the analysis of the generalities of civil liability in the form of the Tasbib Institution is similar to American law and the damages to the rescuer can be claimed from causing of danger.

The present study tries to study and analyze the Quranic and jurisprudential evidences of the illegitimacy of jihad of marriage in the light of the harmful psychological effects and harm of this phenomenon to the health of individuals in order to clarify the Quranic and Shari'a ruling on this issue.

This research has been carried out by the method of library studies and in a descriptiveanalytical manner, which has been obtained and analyzed by referring to Quranic, narrative and scientific texts.

The family is a cellular tissue for social organs and provides mental, physical and social health of its members. The Holy Quran states the philosophy of marriage in verse 21 of Surah Romans. According to this noble verse, the health of the family is established in the shelter of life, along with the establishment of a strong and permanent relationship between a man and a woman, which is called marriage. Now the question arises whether the jihad of marriage leads to peace, tranquility and mercy between couples or has other harmful and destructive effects on their health and spirit? The research hypothesis is that according to the verses of the Holy Quran and other jurisprudential arguments, the most important element for the validity of marriage is "satisfaction". However, this element has been severely damaged in the marriage jihad. The findings also indicate that women who have been forced into marriage jihad by force or with initial consent have suffered a great deal of psychological damage, and some of them have attempted suicide.

According to the findings of this study and its analysis, it is concluded that the harmful effects of marriage jihad on mental health is definite, and since the Holy Quran and other jurisprudential arguments of harm and harm It has been forbidden to others, especially the wife, and it is considered a reprehensible act, this phenomenon is considered illegitimate

There are several theories and subjects in Islamic jurisprudence and legal on transfer of the thing and property belonging to other like the property which is pledge or the good belonging the right to cancel the right to have option but in the most of theories, transfer of the thing is limited to examine the sale of specified good so what about the rental property also in wider range included several evidences of property belonging to other, such as right of emption, right of exploitation, right of easement or the creditor rights to seized property, is not clear or there is a brief related explanation. So the present paper has developed in order to clarify the validity of rental property to other. In this context resorting to Islamic jurisprudence theories and principles like the rules of Taslit and Lazarar, Lawyer views and number of laws like 454 & 500 of civil code, correctness and validity of renting before and after applying the right of other, is proofed. Also it is expressed the tenant who rent the property belonging to other can cancel the hire contract because of to be ignorance on the right of other and lack of demanding complete interest.