mohammad salehimazandarani

Based on extending conditions of validity of a contract (Article 190 of the Civil Code) to unilateral legal acts and also the criterion considered Article 191, termination of marriage and return to it, are formed with the expressed intention and consent; That is, the inner and outer will both. In contracts the announcement of the offer seems obvious; but in unilateral legal acts such as termination of marriage and return to it, what is the rule? In this article, we examine this question; Whenever one of the spouses terminates the marriage without informing the other party or returning to the redemption (fedyah) by wife without informing the other, and the time expires, are these unilateral legal acts valid or its effect depends on the information? In this analytical study based on the principles of jurisprudence, we conclude that although notification has no role in the conclusion of unilateral legal act, it does play a main role in its effectiveness

It is common in commercial contracts to contain the prohibition clause on assignment. Regarding the condition of prohibition on assignment of contractual rights in English law, two views have been developed. “The Property view” and “the Contract view”. The Property view gives primacy to the freedom of the parties to fashion the rights they bring into existence, so if they wish, they can extinguish the inherent transferability of this right. So, if an assignment happens, it will have no legal effect and will be void. But according to the contract view, prohibition on assignment merely operates at the level of contract and does not characterize contractual rights because parties cannot use contract to modify those attributes of contractual rights that the law of property gives to them. One of those attributes is that they are transferable. So according to contract view, a no-assignment clause doesn’t void the assignment, but operates as a matter of contract, conditioning the duty to perform so the obligation of the obligor to perform is executed only against his contracting party (assignor). In this view, in case of an assignment, the assignee will never have a direct legal relationship with the obligor. In Iranian law, there are three opinions about the prohibition clause; ineffective, void and Invalid against the obligor. “Void” seems to be compatible with the property view and “invalidity against obligor” is compatible with the contractual view in English law. Finally, due to the flaws expressed in the contractual view, we will come to the conclusion that the property view is more consistent with the prevailing legal rules, the real intention of the parties and the custom of the merchants.

Generally, courts may encounter two types of lawsuits against judges: firstly, Lawsuit for compensation due to wrong decision, secondly, Criminal and disciplinary lawsuit resulting from a harmful Adverse due to judicial decision. Here, in this article, it is striven to answer the following question: if a lawsuit is filed in the courts against a harmful decision, whether there is a special procedure for dealing with such a lawsuit, or the courts should follow the procedure the General rules for dealing with claims. In the current study compiled in a descriptive-analytical manner with a comparative approach in the laws of Arabic countries, Roman Germanic and Common Law, the results will be depicted as follow. if the lawsuit is of the first type, the procedures for dealing with latter type of lawsuit are the same as other civil liability and torts for lawsuits that are subject to the General rules of procedure; however, in the case of the second, on the one hand, any judge of the courts has a lot of authority and powers in their field of work; therefore, it is necessary for them to be responsible before all these legal authority so that they do not become absolute rulers. On the other hand, the security and independence of the judge requires that the filing of a lawsuit against her is different with the general rules of responsibility and prosecution. This, in all legal systems, a special procedure has been provided for dealing with these claims.

In the realm of financial transactions, the customary exchange of money serves as the foundation, aiming to satisfy the needs and requirements of each party involved. In this context, the mastery of rights by both buyers and sellers becomes imperative. However, situations may arise where, before the property is handed over to the buyer, it is destroyed due to unforeseeable events beyond the seller's control. In such cases, the transaction deviates from the parties' intentions and customary practices. If, during this transaction, the seller has already received payment, Article 387 of the Civil Code mandates the return of the funds to the buyer. This reimbursement is contingent on the non-transfer of the property that was originally part of the sale. Moreover, the goods being traded might possess inherent interests separate from the primary property, complicating the status of these additional interests. Article 387 of the Civil Code only addresses the seller's obligation to refund the transaction funds to the buyer, revolving around the concept of the "destruction of the object of sale before delivery." Nevertheless, this legal provision does not explicitly delineate the consequences of such annulment. As a result, a degree of ambiguity emerges when dealing with this scenario. Jurists, recognizing this gap in the law, have delved into this issue, seeking clarity and resolution. This matter has spurred extensive debates in both Imamiyyah and Sunni jurisprudence, leading to varying interpretations. Some scholars, in their attempt to explain the effects of annulment, have created an alternative rule known as "advantages and interests of an object follows the risk." This rule aims to mitigate the ambiguity surrounding the annulment of pledge agreements. Additionally, some scholars have posited that property ownership temporarily reverts to the seller, highlighting that during this brief period, the seller is obligated to refund the transaction amount. However, all these perspectives converge on the idea that the property ultimately belongs to the buyer, with the benefits and interests inextricably tied to the buyer's claim. This viewpoint contradicts the Shariah rule of "advantages and interests of an object follows the risk," a principle upheld by the Prophet of Islam, which places the responsibility for benefits and interests on both the buyer and the seller. It is important to note that the rule of "advantages and interests of an object follows the risk" is divinely ordained, whereas the rule of the "destruction of the object of sale before delivery" stems from scholarly interpretation. This stark contrast highlights a fundamental conflict in unassigned law: the ownership status of benefits. The preference for the sharia rule of "advantages and interests of an object follows the risk" over the rule of "destruction of the object of sale before delivery" dictates that the benefits continue to belong to the seller, aligned with the remaining property's ownership status. Furthermore, the acceptance of the rule of "advantages and interests of an object follows the risk" in relation to "commandite" has been acknowledged in civil law through extensive jurisprudential studies. Consequently, it has been established that adhering to the benefits guaranteed to each party in a properly executed agreement, where both parties maintain control over the property involved, is considered legally valid and representative. In conclusion, this research underscores the necessity of upholding the benefits guaranteed by the law, as clarified in articles 387 and 558 of the Civil Code. It establishes that the determination of benefits for each party in a contract hinges on the guarantee bestowed upon them, as defined by the explicit language of the law and jurisprudence. This theory posits that one benefits from the guarantee and bears the responsibility for any loss incurred in connection with the property. This novel theory, developed through extensive analysis of the Civil Code's articles, provides a unique perspective that has not been explored in previous legal studies.

Complete and correct implementation of the bank transfer process, with the aim of performing of obligation, although it removes the responsibility of the bank; However, it has no correlation to acquittal the debtor. The purpose of the research is to resolve legal ambiguities and loopholes, as well as the context of passing a comprehensive law in domestic law.  And the research method is descriptive and analytical. The question is, how can the implementation of the bank transfer relieve the bank of its responsibility, yet it has no correlation to acquittal the debtor? In this study we will prove, in accordance with the principles and rules governing Iranian law, the International Law on Transfer of Credit, as well as the US Commercial Uniform Law and other international regulations and documents Non-liability of the bank is based on the principle of separation or independence of bank transfer of funds of the basic obligations, That is the bank's obligation is merely the correct execution of the payment order, and the legal issues surrounding the basic obligation for which the payment order was issued are not related to the bank; And the reason for the discharge between the realization of the bank transfer of funds and the discharge of the transferor is that the fulfillment of the obligation in the form of bank transfer of funds, in addition to the correct implementation of the transfer of funds, requires other conditions.

The nature of the judiciary requires the issuance of untrue and harmful verdicts, which are mostly unintentional and due to the judge's error, and on the other hand, according to special provisions, such as Article 171 of the Constitution of the Republic of Iran and general rules such as Damage is a matter of course. However, the ambiguity in this article, which has been overlooked in legal proceedings, is this; If the injured party intends to file a lawsuit due to a wrong judicial decision and seeks compensation, in which court should he file a lawsuit and which court has the inherent jurisdiction to hear this matter ?and what is the nature of the lawsuit against the judge? Is the lawsuit merely a civil liability with the compensation as its purpose, or one of the unusual ways of protesting the issued verdict? In this research, which is done by analyzing legal jurisprudential data, we state that the nature of the lawsuit against the judge varies according to the court, which has the nature of civil responsibility and sometimes a disciplinary one. On the other hand, although the lawsuit has two stages and first the Aggrieved must prove the judge's mistake or guilt in the disciplinary court of judges, in the next stage, the competent court to hear compensation is the general and revolutionary courts.

Termination is one of the remedies, or otherwise said warrants, available to the reprieved party in the event that a contract is breached.  Employing a descriptive-analytical method, the present study investigates such a remedy as provided in Imamiyah jurisprudence, as well as Iran and international legal documents. The concept is celebrated across the legal systems, yet there are certain differences inherent to it in Islamic law and international documents. Vehemently stipulated in the Imamiyah, it is incumbent upon the obliged party to perform the subject of a contract, hence, a right to termination of the contract is not reserved. Rooted in Imamiyah jurisprudence, Iran’s law of contracts enshrines the performance of the obligation in the first place, and a right to terminate the contract should the possibilities for the coercion upon the obliged party be rare. Contrary to Iran’s law in which the right to termination falls subsequent to performance of an obligation, the two are accessible alongside each other for the obliged party to choose from in the international legal documents. In other words, as for the termination of the contract, there is no need for a request earlier to (non)performance of the obligation.

According to Article 691 of the civil law, "dayn guarantees that have not yet been established are invalid." The jurists, following the jurists, tried to interpret them. Due to the establishment of dayn. they carefully tried to follow the word "cause" in addition to some jurists, in addition to its true meaning, that is, appropriate, so that the conventional tradition would be in accordance with the legal regulations. Although the existing custom and custom can be somewhat decisive, since this dispute is not resolved in jurisprudence and law, and the fegh is silent, according to Article 167 of the Constitution, the ruling must be determined on the basis of fegh standards. The results of the research, according to the rules and principles of legal jurisprudence, as well as the combination between the concept of M691 and M697, indicate that the guarantee of the future dayn of the researcher is considered correct and there is a balance between the guarantee of the future dayn and the actual existence.And insisting on the invalidation of the guarantee of the possible future dayn of the product, given that it has become a social necessity, causes the system to be disrupted.

According to Article 691 of the civil law, "dayn guarantees that have not yet been established are invalid." The jurists, following the jurists, tried to interpret them. Due to the establishment of dayn.they carefully tried to follow the word "cause" in addition to some jurists, in addition to its true meaning, that is, appropriate, so that the conventional tradition would be in accordance with the legal regulations. Although the existing custom and custom can be somewhat decisive, since this dispute is not resolved in jurisprudence and law, and the fegh is silent, according to Article 167 of the Constitution, the ruling must be determined on the basis of fegh standards. The results of the research, according to the rules and principles of legal jurisprudence, as well as the combination between the concept of M691 and M697, indicate that the guarantee of the future dayn of the researcher is considered correct and there is a balance between the guarantee of the future dayn and the actual existence.And insisting on the invalidation of the guarantee of the possible future dayn of the product, given that it has become a social necessity, causes the system to be disrupted.

The authority of Bayyinah, i.e. the testimony of two righteous and just persons, is a jurisprudential necessity; however, there is disagreement about the basis of the authority of Bayyinah as to whether it is a matter of intent or proximity to Allah or about the number of witnesses as well as the gender of witness depending on the nature of dispute. In recent decades, equating the testimony of two women with the testimony of one man in the verse 282 of the Sura Al-Baqarah, due to women's forgetfulness and based on some narratives indicating their rational imperfection, has caused a lot of controversy. The question arises here as to what is the reason behind the inequality of testimony of woman and man and how the provisions of the above-said verse and narratives are justified? Regardless of the contradictive answer of accepting the testimony of one woman in certain cases, the authors will say in a descriptive-analytical study, far from unconventional interpretations: First, in jurisprudential literature, witnessing and testifying are not considered as rights to cause a defect in women’s rights. Second, testimony must be about tangible issues and it doesn’t relate to the intellect. In addition, the narratives containing the rational imperfection are contrary to verse 282. Therefore, it is necessary to consider the words in the context of their formation. Considering the evidence in the text of the narratives, the meaning of intellect is “reminding” and "ability to manage and administer the affairs which is an adventitious matter and the result of acquiring knowledge and experience”.

A guarantee contract is defined in Article 684 of the Civil Code as guaranteeing the debt of another person and according to Article 698, the guarantee causes the transfer of liability. In addition, according to Article 691, a religious guarantee for which the cause has not yet been clarified is void. It is stated from the above-mentioned articles that according to the legislator, the subject of the contract should be transferable to another person, which means that it must be general. As a result, it is not possible to guarantee a contract in the realm of material property due to its externality and partiality, as well as its irrevocability. The terms of the Civil Code are ambiguous in this regard, because on the one hand, it has chosen to transfer the liability and on the other hand, in Article 697, it has accepted the guarantee of responsibility, part of which is the guarantee of rejection of the material property. There is no common law that is decisive in the dispute, the dispute in jurisprudence has not been resolved, and the religious texts have not written anything about it. However, according to Article 167 of the Constitution of Iran, the ruling on the issue must be determined based on jurisprudential criteria. Therefore, the issue of the present study is whether, according to the rules of jurisprudential-legal principles, it is possible to guarantee a contract of guaranteed property. That is, whether there is a possibility of development in the concept of guarantee or not. The conclusion is that based on the jurisprudential-legal rules and principles, it is not necessary that the subject of the guarantee of the contract be general, so there is no problem to guarantee the material property.

Using fictional characters in the marketing and advertising of goods and services is one of the oldest and the best known form of merchandising with a multi-million dollar annual turnover. The fame and popularity of most fictional characters go far beyond their role in the original works which first featured. In addition, many characters are created outside the context of any particular work and may therefore remain without mechanism and law protection. So, ensuring fair protection to the creators and their owners against unauthorized profit from their creativity is necessary. This paper seeks to answer the question whether it is possible to delineate a position for fictional characters to pursue their independent lives from primary works in legal systems? To answer this question, through a descriptive and analytical approach and by following American law, the authors try to examine the capacity of copyright and trademark systems and the situation which characters enter into the public domain. Undoubtedly, explaining how to protect the fictional characters and their creators, as well as, exploring other aspects of this right, such as identifying infringement criteria and the public domain's contribution to these rights, in addition to assist the jurisprudence, will enhance cultural activities and augment the richness of Iranian legal literature.

By concluding a pre-sale contract, a part of the estates or land will be transferred to the pre-buyer for the purchased share. Pursuant to Article 1 of the Building Pre-Sale Code and other articles of this Code, the pre-sale contract, as a specific contract, along with other contracts, has the following characteristics: ownership, consent, exchange, necessary and exclusive. In Article 20 of the Building Pre-Sale Code, the legislator, while determining the competent authority for resolving disputes arising from the pre-sale contract and deeming it necessary to resolve the disputes of this contract through arbitration, also limits the authority of that authority for interpretation, interpretation and execution. The provisions of the contract have been determined. On the other hand, the same Code stipulates requirements for the parties to the contract, such as formally concluding the contract, appointing arbitrators and including the provision of Article 20 of the Code in the contract. That legislator's silence regarding the guarantee of non-compliance with the above-mentioned cases in arbitrating the subject matter of the Code has caused a dispute in the judicial procedure. Also, the lack of will of the parties in referring the principle of dispute to arbitration, raises suspicion that the true title of arbitration does not apply to the dispute resolution authority subject to Article 20 of the Code. The present article seeks to deal with the guarantee of the performance of the first forms along with justifying and explaining the nature of the dispute resolution authority of pre-sale contracts.

Intelligent Self-driving cars are stepping into public roads and policy makers and law makers are facing challenges in regulating different aspects of this new technology. Leading countries in the field of self-driving cars have adopted different strategies against this challenges and in order to manage negative effects the entrance of these vehicles into society may have. The main object of this contribution is to clarify the most important socio-legal challenges of self-driving cars and responses of leading countries to them. In order to reach the abovementioned aim, we considered researches published in the main academic sources during last ten years. Governmental documents and reports also have been considered to recognize past, current and future measures. The main socio-legal challenges of self-driving cars are: safety of self-driving cars, civil responsibility arising from collisions of these cars, Private confidentiality of passengers and finally security of computer systems of these vehicles. In response to safety challenge most of countries avoided imposing sever measures and adopted soft control policies in form of recommendations. With respect to the issue of civil responsibility, most countries either showed no response or followed a soft control policy in form of voluntary recommendations. Responses of considered countries in respect of private confidentiality challenge differs in range of making new regulations, insisting on current laws and making principles for private confidentiality matter.

Obliging the obligor to perform the contractual obligations is one of the remedies or guarantees for breaching the contract. This remedy is foreseen in Imamiyah jurisprudence, Iranian law, and the relevant international instruments, but there are certain differences in domestic law and international instruments in this area.  Contrary to Iranian law in which the remedies are not equal with each other and the obligee is not free in choosing them, and he/she must initially demand obliging the performance of the obligation, in these international instruments, the right to obliging the performanceof the obligation and resorting to other means are along each other. That is, the obligee is free to choose the type of the remedy. Furthermore, in the aforementioned instruments, opposed to domestic law, the seizure of property of the debtor or obligor and his/her imprisonment for payment of debts or performance of contractual obligations is not foreseen. According to the dominant opinion in Imamiyah jurisprudence, assuming the possibility of obliging and compelling the obligor to perform the obligation, the obligee has no right to abolish the contract. However, some of the Islamic jurists have considered the possibility to obliging the performance and abolition as equal.

In accordance with privity of contract, a contract cannot confer rights or impose obligations to third parties; but, as a legal reality, a contract is invocable against third parties, and they cannot ignore its effect. The reverse of the mentioned situation is, also, true and third parties cannot affect a contract. Nonetheless, there is a borderline state in which a contract affects the third party’s potential right, although it does not directly confer rights or impose obligations. There are two theories to set out this situation: inoperativeness and non-opposability. Jurists have different opinions about the instances of, and the relation between, them. This article claims that they are the same. They both are created to protect the rights of third parties; in both states, the contract has effects between contracting parties and has no effect to third parties. Applying the third party’s right, according to circumstances, can dissolve the contract or does not affect it.

One well-known theory of government civil liability is that the government is immune to civil liability in face of harmful government actions.  In Iranian law, Article 11 of the Civil Liability Law evokes this theory, and therefore, most jurists and legal writers, citing this article and considering the jurisprudential and legal basis of the authority of the Islamic ruler and the government, believe that legal system and jurisprudence Imamiyya has recognized the theory of state immunity. This article seeks to understand the approach of Iranian law to the responsibility of the government resulting from the exercise of sovereignty and to critique the well-known opinion of jurists and legal writers.  In addition to a new review of Article 11 of the Civil Liability Law, as well as an analysis of the relationship between Article 11 of the Civil Liability Law and the Civil Code, the limits of the government's civil liability for harmful acts of governance are explained.  The legality, exceptionality and illegality of government liability are examined.  The results of this article show that contrary to the popular opinion of jurists and legal writers, despite the initial appearance of Article 11 of the Civil Liability Law, the theory of government immunity and illegality of responsibility of the government cannot be attributed to Iranian law and Imami jurisprudence.

The invalidity of the contract is directly linked to the economic order of society, and the nullity of contracts causes damage to parties and disrupts the economic order of Society. Therefore, in addition to adhering to general policies to consolidate trades and reduce uncertainty, some legal systems have foreseen mechanisms that, if canceled despite all the legal arrangements, would eliminate the uncertainty and bring it into the life cycle. One of these solutions is the theory of contract transformation, which is rooted in German law. This means that if the contract is invalid but inside a valid contract, the new contract is the criterion. The main challenge facing the theory of contract transformation entity is that after the transformation, the parties must be bound by the effects of the new contract which was not the result of their real will. According to this theory, contract development relies on the hypothetical will of the parties, which is inferred by the judge, on the basis of the terms of the contract and the circumstances governing it, and in particular the economic objectives beyond it. Unlike the laws of Germany and most of Arab countries, in Iranian law such an institution is not considered as a general rule, but numerous examples of its application are found in law and jurisprudence.

Interpretation is the method of law. It has sub methods. Any of these sub methods have basis and use technique that coordinate with its basis. One of the sub methods at law is the systematic method of interpretation. The major base of this method is to interpret a part of text in correspondence with the other parts so that the text’s coherence is preserved. One of these techniques that is used in this method is Inference to the best explanation. It includes three phases: to observe the facts and cases, to propose the theories and guesses to explain those cases and facts, to choose the best explanation through the rival theories. The best theory is that can explain more cases and be less complicated and have more consistency with the legal system. Inference to the best explanation is used in law very much though its name is less known. This inquiry tries to explain this way of argument logically and analyze its position at law and clarify its application by several instances.

Due to existence of various laws and views about mines, explaining their bases and giving elaboration on them seems to be necessary. The main theme of this writing is the ways the right belongs to every mine placed in the private farms and lands. During the process of passing the law, legislators opted for three perspectives in this regard: being as anfal (spoils) (Constitution, art. 45), being private (Civil Code, art. 161), and different rules in different cases in 1998 Mines Law art. 22, note 2, in which construction, decorative and façade stones which are located underground in a private land are conventionally excluded and added to that land. Other instances are not judged there. Since the legislator uses Imami Shia jurists’ views as a source in adopting rules and regulations about mines, I tried to refer to reasons, proofs and objections of each perspective in order to reach and extract a single opinion at the end. Finally, it is concluded that we should differentiate small and apparent (on-the-ground) mines from large underground ones; while the former is under ownership and subject to the land, the latter is considered as anfal or public property, because conventionally they are not from the land belongings.

At the process of the conclusion of the contract, the declaration of intention is usually made in the status words, but the parties may choose the words in the contract that contradict with the appearance of contract, but the other contract in the contract of void have. In this regard, some Arab countries with the pursuant of Germany legal system accepted the concept of transformation of contract. The main challenge of this theory is how may be intended a contract with words of a specific contract. This theory is based on the principle of the authenticity of the contract, the need to pay attention to the meanings of contract and goals of the parties and to support the theory of reliance. In fact, for the purpose of concluding a contract, the main element is the parties' of actual intention and the words used by them must be interpreted in accordance with it. In this conditions the second contract can regarded as a valid one.

There is a doubt about the validity of a condition for extinction of an option attached to a contract. This doubt has been formed by reason of some objections such as being circular of a condition, gathering two contradictories (irrevocability and revocability) in a conditional contract, and conflict of the mentioned condition with the requirement of the essence of a contract. Criticizing and evaluating these objections as well as the principle of the irrevocability of contracts, the consensus of the Imami jurisprudents, the signification of this holy verse " `awfū bi l-'oqūd", the Prophetic tradition of "al-muminūṇa 'enda shorūtihim " and the rule of waiving of a right, all lead to prove the validity of a condition for extinction of an option attached to a contract. Based on Iran`s law, the principle of freedom of contracts, the exceptional feature of invalid conditions in civil code, principle of validity of contracts and also general and explicit article 448 of civil code, provide the same condition. Innovation of the following paper in comparison with the background of the research is that by combining the jurisprudential and legal subject, this paper has completely explained and evaluated the objections to the mentioned condition; then it has specified and determined the non -waiver options and current condition of waiving of all the options, and in this regard, logically stated and criticized the predominant approach over the judicial precedent. The results of this research show that in spite of the validity of a condition for having no option attached to a contract, given to the non waiver of some options, according to the jurisprudential and legal viewpoint, the stipulation of waiving all the options (mentioned by article 448 of civil code) is a invalid condition. Therefore, it is necessary to change the above article and correct our country`s judicial precedent in this regard.

Characteristics of the celebrities can have commercial values and be in use of different products. Nowadays the common ways for celebrities in this regard is that they let the investors use their name and image to advertise a certain product. This approach toward fame is becoming a developing business and in a way it can be called an industry which can amount to a lot of revenue. However use of the celebrities fame without their consent with commercial purpose can led to their dissatisfaction and a legal complaint. Legal support extension to fame right in intellectual property rights can support these rights owners.
This paper will analyze features of fame and reputation, developed legal system regulation in this regard and capacity of theses legal systems for supporting the celebrities. By using these legal systems experiences we will introduce useful suggestion to Iran's intellectual property law. It should be said that in common law systems with the implications of intellectual property law principles and new legal establishments, fame and reputation rights has been supported. But in Iran legal system, with the lack of the minimum regulation in regard to this matter, legal precedent doesn’t have the necessary effectiveness to act upon such matters.

Because condition to the benefit of third party encounters privity of contract principle, it should be studied and discussed more, and its different aspects from the phase of signing a contract to execution, require much punctuality and discussion. One of the aspects of this subject which has been analyzed less is the effect of third party refusal or not accepting on the contract in which the mentioned obligation is regarded. Most of jurists have expressed their opinions about this subject without needed details. In this study the nature of acts that possibly emerge in third party beneficiary has been studied systematically and the effect of third party refusal or not accepting on each one has been discussed and analyzed. Not accepting or refusing a condition to the benefit of third party, considering the nature of the obligation as a condition or consideration might lead to rescission or creating annulment right, and in some cases it does not have any effect on a conditional contract.

Syndrome means a set of physical and mental symptoms which is manifestation of a disease or hereditary anomaly and its Persian equivalent is “Neshanegan”. The cause of this phenomenon is a type of disorder in chromosomal arrangement which happens in the embryonic stages and at the time of cell division. Those who suffer Down syndrome include 47 chromosomes instead of 46 chromosomes in the cells of their bodies. The extra chromosome in the body of the one suffering Down Syndrome causes physical and mental changes. Insofar as the main concerning factor in the Down Syndrome is mental retardation.Regarding that within a stage of their life period (nonage period), all human beings are forbidden of law enforcement and possession of their own property and inevitably must pass a period of Incapacity forcibly, as for Down sufferers who are inflicted with the mental faculties disorder and this state is continued to after reaching to the maturity as well and regarding the different degrees of mental retardation, it is necessary that their lawful action status and the lawful effect of this infliction on the lawful acts in different degrees to be considered. It is worth mentioning that in this case we are facing with the silence of law and the procedure of courts act on issuance of Interdiction for these individuals.