فهرست مطالب amir mohammad sediqian

One important issue in Hiba contract is the possession of the donated property. It is necessary to consider this subject due to the lack of explicitness of the legislator in some cases and differences in jurisprudence and law, including the possession role in determining the subject of Hiba, the issue of constructive possession, revocation of permission in possession, and possession of shared property. This research used a descriptive-analytical method and reliable jurisprudential, legal, and judicial sources. The result is that possession position and the validity conditions of possession are the donor’s permission, the donee’s consent, and the life of both parties, and the legal capacity of the donor at the time of possession. Besides explicit and implicit possession according to the donee’s will; it seems that based on the customary possession, spiritual authority of donee and the sovereignty principle of the owner's will, we can divide the possession into physical and constructive one. The possession effect is the contract completion and ownership realization; and the possession effect of exchange in the exchangeable Hiba is the irrevocability of it. Regarding the possession role, the free transfer of benefits is not Hiba, but a valid contract based on the principle of freedom of contracts. Also, revoking the permission for possession is valid if it is before and is invalid after it. An important point is that the possession of shared property, in the refusal of the co-owner, constructive possession can be accepted; at least, giving possession by the judge is desirable.

There is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has very important effects; it is necessary to conduct research in this field. In this research, descriptive-analytical method and sources of valid jurisprudence and law have been used to address this important issue. In order to analyze the principles of the irrevocability and revocability of the gift, the basic evidence should be provided. In this regard, there are many differences between rescission and revocation and other evidence, such as the verse of Quran “fulfill your obligations”, the principle of the irrevocability of contracts, the impossibility of revocation in the gift contract, in the capacity of the legislator, not unplanned changing of the contract from revocable to irrevocable, as well as the inapplicability of the principle of revocation to the irrevocability or revocability of the gift is examined. The result was that the gift contract should be separated from two aspects, one in terms of revocation and another in terms of irrevocability and revocability. Based on this, the gift contract is a revocable contract, in which the principle of revocation is valid.

Crimes against internal and external security are among the most important crimes in the criminal laws of countries. The main question of this research is what are the differences between the crimes against internal and external security in the criminal law of Germany and Iran in terms of the content structure of the law and the substantive analysis of the crimes. The research method is descriptive-analytical and documentary information gathering technique. The findings of the research in the content structure of the law show the difference in the laws of two countries, Germany and Iran. So that in crimes against internal and external security in Iranian law, there is a kind of Dispersion and lack of prioritization, Conflict or contradiction of laws, Detailing (lack of comprehensiveness), and not complying with the principles of law writing. While in the German law, crimes against security have been categorized in a detailed and separate manner. In the aspect of criminalization, the new legislative developments regarding crimes against security in the criminal laws of Iran and Germany show that these two countries differ in terms of using ambiguous legal terms, scope of crimes, absolute criminalization of crimes, and new criminalizations.. Iran's criminal policy has accepted the opposite of this issue. According to the findings of the research, it can be said that Iran's criminal laws in the field of security crimes are faced with shortcomings and problems that the necessity of rethinking is felt in some legal articles.

The aim of this research is to elucidate the components and foundations of enhancing participation in governance from the perspective of the Quran, Nahj al-Balagha, and Ghurar al-Hikam. The research method is descriptive-analytical, based on lexicographical and semantic analysis of religious texts. The tools for data collection in this study include document analysis and note-taking from religious texts and certain provisions of the Constitution of the Islamic Republic of Iran. The research findings indicated that components and categories such as justice and equity, truth and truth-seeking, consultation and advocacy of consultation, transparency and honesty, respect for the law, and law-abidingness play a significant role in increasing public participation in the formation and administration of Islamic governance. In examining religious texts and the legal system of the Islamic Republic of Iran, with particular attention to the role of the people in the formation and administration of governmental affairs, public participation is emphasized in many verses, wisdoms, sermons, and letters (including verse 10 and 18 of Surah al-Fath, verse 3 of Surah al-Baqarah, Sermon 34, and Letter 53 of Nahj al-Balagha), as well as in the principles of the Constitution of the Islamic Republic of Iran (including Clause 8 of Article 3, Article 6, Article 7, Article 8, Article 26, Article 27, Article 56, Article 58, Article 59, Article 62, Articles 100 to 104, Article 114, etc.).

The principle of recourse to the gift in the accepted case law besides the shaky ownership, even if it is free is not desirable. The issue of waiving the right of recourse of the creditor is significant. There is a dispute regarding this issue in Imami jurisprudence and legal doctrine. This subject is not addressed in the codified laws; therefore, it is necessary to be studied further. This research used the descriptive-analytical method and valid jurisprudential and legal sources to study the feasibility of waiving the right of recourse to the gift. Some argue that recourse to a gift is a ruling and that the waiving of the right of recourse leads to the loss of donor, and the violation of the purpose results in the forgery of the right of recourse, so they are against the validity of waiving the right of recourse. However, we can reject the arguments of the opponents in addition to some other reasons including rule of action, the requirement of nature of the contract, the principle of validity and freedom of contracts, the economic benefits, and that only interest of the donor is not intended and is a way to prevent misconduct and eliminate unnecessary protocols; hence, we can accept the right of recourse to the gift. This waiving can be explicit or implicit and may be included in the gift contract or in another requiring enclosed contract, or may be raised independently.

Civil liability is one of the most important issues in the world of law, which has a special place for legal and natural persons, as well as governmental and non-governmental entities. The purpose of this research is to investigate the effects of government civil responsibility in Iran's legal system.
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 findings of the present research show that previously, the principle of the necessity of compensating damages existed only in relation to the actions of the government but currently, the aforementioned principle can be applied both to the acts of sovereignty and to the acts of the government.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Despite the fact that there is a principle of the necessity of compensating damages in relation to governance and management practices, but the effects of this principle are different in the aforementioned fields. In the field of entrepreneurship, the principle is to restore the previous situation; While in the sphere of sovereignty, the principle is on the payment of compensation.

Governments have many responsibilities towards citizens. Establishing security and preventing crimes against citizens is one of these important responsibilities. In this paper, an attempt is made to investigate this important issue that what is the approach of jurisprudence and law towards this government's responsibility. The present paper is descriptive and analytical and investigates the mentioned subject using the library method. The results indicate that in jurisprudence, rules such as enjoining what is good and forbidding what is evil, the rule of prohibition of detriment, and the principle of necessity for the implementation of Islamic rules oblige the government to prevent crimes against citizens. In positive law, government, in its general sense, is responsible for prevention, especially social prevention, including situational prevention and growth-oriented prevention. In the constitution and other laws, regulations and duties have been established to meet the material and spiritual needs of people, and enforcing them and providing the basis for the application of the provisions of the law is the responsibility of the government, which is effective in reducing the commission of crimes. Founding of a proper and fair economy according to Islamic principles to create welfare and eradicate poverty play an effective role in preventing crimes against citizens. Multiplicity of laws and unclear mechanism for implementation of government's obligations in the field of prevention are the most important inadequacies in this regard, which needs to be taken into account by the legislative.

Hebeh contract is one of the religious contracts and has a long history in Imami jurisprudence. This contract, as the most obvious means of forgiveness in the world of law, while having small individual and social risks, has great importance and benefits in legal and social relations. Hebeh, as one of the means of regulating the social relations of individuals, has always been considered by the legislator due to its mentioned function and importance. The main philosophy is that the legislator has considered the bill effective in the contract, because it is to protect and protect the interests of individuals in the first place and to draw the attention of the parties to the outcome of the contract or possibly to support the family economy in this contract. Although there is disagreement between jurists and jurists about the role of receipt in Hebeh and some have considered receipt as a condition for the validity of the contract and some as a necessary condition for the contract, but based on Article 798 of the Civil Code and the narration, the receipt is a condition for the validity of the gift. The objectivity of this contract, the completion of the contract and its creation are the most important effects of the bill in the gift contract. It is also very important to study and research on the contract of Hebe in the judicial procedure and decision-making of judges. Today, there are many cases in the courts that demand the return of the same gift and recourse to the gift, and the lack of clarity of the legal material in these cases with the same issues leads to different opinions. Therefore, its detailed study is of special importance and in this article, the effects of receipt and referral in this contract are examined from the perspective of Imami jurisprudence and Iranian law.

Among the various forms of struggle and confrontation with the harmful consequences of events and dangers, the "insurance institution" has an effective role in creating economic and financial balance and peace of human life. Establishing or not establishing unemployment insurance and examining the hidden employment of retirees will have a significant impact on the business environment, both socially and economically. Today, unemployment is one of the most important problems in the political and economic systems of countries. , Has created extensive and important changes in the laws and practices of many countries. There are various insurance organizations in the country that provide different services to people in the form of insurance funds and can affect the business environment, but what we mean is the Social Security Organization and its impact on the business environment. Is work; Therefore, the main purpose of this study is to investigate the impact of social insurance in the social and economic field, the principles governing them and dispute resolution authorities in social security.