فهرست مطالب abdulwahed afzali

In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

Iranian legal system has established on base of Imami Jurisprudence and her main of the sanction against violating the rules of established on validity of contract sidelong Ineffective, is nullity. Too there are other Concepts such as the relative nullity or null Amendable in law, but no as a general rule of law. Whiles Afghanistan's legal system, in addition rules of null and ineffective sanctions, recognized and Confirmed Another general rule base on the Hanafi jurisprudence as "Fasid" (Vitiaton) that causes the Nullity in this legal system to have grades and in the cases the contract is amenable and debarment from nullifying it in first step and continue the contractual relationship of parties. Such concept could also enter the Iranian legal system as a rule and replace concepts of the specific.

Today، more than ever، “multi-national marriages” are taking rand consequently many of the rules of citizenship have changed. Many countries have accepted the equality of citizenship for each party of marriage in a family of multi-national and have orientated from “unity of nationality «to the “independence of nationality». Therefore، each parent can pass her nationality through it، and most countries have recognized it. Dual nationality may be happening more than ever and countries according to their own interests، have attempted to recognize and allow dual nationality and this type of nationality is expanding. Context of nationality from multi-nationality marriages there are in Iran but the Iranian legal system has been less affected by the global developments. The principle still is the “unity of nationality” and transmission of nationality is possible only through father''s nationality; although transmission of nationality may be on the basis of a single article of 2006 (Madeh vahedeh 1385)، but that is not enough. Although the dual nationality exists virtually but the Iranian legal system not allowed it officially. On given the global development، it is better that the Iranian legal system on the interest of country، reform and be compatible with existing realities and make it statutory. It can also be according the new population policy of Iran.