جستجوی مقالات مرتبط با کلیدواژه "آثار حقوقی" در نشریات گروه "علوم انسانی"

Gender is one of the key factors for individuals to benefit from some rights. Accordingly, when a person changes gender, its effect on acquired and other rights should be considered. Such persons benefit from contractual and non-contractual rights like others. In this descriptive-analytical study, first the theoretical foundations and then the effects of gender change on the employment and administrative system are studied with a library method. In order to collect information, a survey is used and the collected information is analyzed through inductive reasoning. The results of this research show that gender change in a country like Iran is a new issue and the legislator has not established a clear ruling for this matter. Of course, in private law, there have been more discussions about gender change and its effects on marriage and contracts. However, no study has been done regarding the effects of gender change on employment rights. Therefore, it is suggested to fill the void in Iran's laws by formulating appropriate laws specific to gender change and stating the necessary conditions for it. Also, it is suggested to take a step towards improving public opinion by holding conferences, publishing articles in newspapers, publishing books, raising awareness through mass media, and making films and documentaries about such people and the problems they face.

Option of stipulation and waiver in the post-occurrence warranty contract has effects on the rights, obligations, and duties of the parties, some of which are mentioned in jurisprudence and some of them are mentioned in the subject law. Those who say the permissibility of the option of condition and reduction and the possibility of using it in the guarantee contract rely on the claim of consensus, the existence of necessity, the absence of obstacles, and they are against this category of those who say that the option of condition is not permissible. Contradictions of having a guarantee contract with the requirements of the option of the condition, contradiction of having the option of the condition with the requirements of the nature of the contract, relying on the validity of the guarantee, implying the validity of the guarantee are the reasons that this group cites. It seems that the arguments presented by both sides have the necessary strength and quality and are defensible. Therefore, according to the importance of the topic, this article has been conducted in the form of a library review with the aim of examining the legal analysis of the effects of the condition and cancellation in the warranty contract. The necessary information and data have been collected through reading and reviewing various books and articles. 

Bailment is one of the means of creating commitment in the common law that has been accepted by the judiciary. The limits of the bailment obligations and effects are disputed by the common law jurists, but there is agreement in some aspects. If we compare this institution with the institutions of Iranian law, perhaps the most similar one to it is the institution of Yade Amani, although there is no exact equivalent for it, especially since the criticism of the institution of Bilment in common law and its rejection by some jurists has been added to its ambiguity and some of them believe in the limited circle of examples of this institution. In a comparative study of the effects and obligations arising from the bailment, it is necessary to compare the examples of this institution with Iranian law. Because this institution does not have a specific equivalent in Iranian law and is relatively consistent with the broad theory of Yade Amani, but the examples of these two institutions are not the same, so it is necessary in addition to the general matching of the two institutions, partial comparison in the examples.

Ziyāra (pilgrimage) has been for long discussed in muslims` scientific and theological societies. Among all ziyāras (pilgrimages), Sayyid-al - Shuhadā`s Ziyāra (pilgrimage) is of such a special importance that his Ziyāra (pilgrimage) has been specifically recommend by Imams. Numerous riwāyats (narrations) are there about the virtues of Imam Husayn`s Ziyāra (pilgrimage) which have emphasized on his Ziyāra (pilgrimage). In Islam, Ziyāra (pilgrimage) of no other person, even the other Infallibles has received such an emphasis. The specialities of Imam Husayn`s Ziyāra (pilgrimage) in the Infallibles` words and the mutawatir riwāyats (unbroken chain of transmission of the narrations) about the virtues of his Ziyāra (pilgrimage) motivated us to conduct the present study, through taking notes, and do a thorough review on the most important and reliable Shi'a riwāyat (narrative) resource, i.e. Kamil al-ziyarat by Ibn Qulawayh, Al-Shaykh al-Mufid`s teacher. Looking at other resources such as Zad al-ma'ad by al-'Allama al-Majlisi, we extracted riwāyats (narrations) in which there are not any weaknesses or flaws regarding chain of transmission. Hence, any faqih (jurist) or principle decreeing according to it, can`t give any decree except indispensableness of Imam Husayn`s Ziyāra (pilgrimage).Then, using Rijal reviews and Usul al-fiqh principles (Islamic jurisprudence) , alongside with Ijtihad evidences, we proved the indispensableness of Imam Husayn`s Ziyāra (pilgrimage

e competence and the capacity are two important keys in classical branches of law hence public law and private law that have many functions. The distinction between the competence in public law and the capacity in private law is related primarily to classic distinguish between public law and private law. To understanding the nature of the competence is involved factors such as the rule of law, the limitation of power, the classification of legal norms and the administrative and the regulatory- organizational hierarchy, Therefore, by this distinction, is stems results including the being right of the capacity and the obligatory of  the competence. Therefore, the purpose of the lack of capacity isthe individual interests and the purpose of the lack of competence, is the public interest. This distinction between the capacity and the competence is bring to specific legal effects. In other words, is caused distinction in monitoring between the capacity and the competence. The other legal effects resulting from the recent distinction, the difference in the reference procedure between the capacity and the competence, because the scope of the competence claims may be constitutional or administrative proceedings so they have a different reference compared with the capacity claims that proceed in General Courts, are processed to the Court of Administrative Justice.

Although the concept of soft law has existed in international law arena for years, international community have not reached consensus on the identical definition of soft law. The subject why states use soft law is remains vague too. In this paper, firstly the various definitions of the soft law concept and the reasons of choosing selected definition are expressed. Then the greatest strength of soft law is investigated. However the point of gravity in the paper is analyzing nonbinding interpretations that international judicial and semi judicial bodies put on the international binding legal rules. From the legal point, except occasionally the decisions of mentioned bodies are Binding with respect to the facts and parties to the dispute before it. However under special circumstances can affect all states subject to the underlying rules regardless weather they have consented to it or not. It is worth noting that soft law plays a major role in the effecting Process which remains largely unknown.

The most important discussion after recognition of nature of any legal relation is the rules and effects created with the contract، because each party must know what his/her/it rights due to the contract are and what the rights of the other party are. Importance of this issue will be doubled in Istisna’ contract where the contract does not have a remarkable record in Iran’s law and its rules and effects have not been discussed specifically in this law. In this research that is of theoretical kind and its methodology is based on library studies، first of all the rules and effects of Istisna’ contract in Sunni jurisprudence and law will be discussed and then will be analyzed from the viewpoint of Iran’s law – that is based on Imamiyyah jurisprudence – based on the idea that considers Istisna’ as an independent contract from determined contracts and categorizes it under undetermined contracts.

Registration institution is important institution that guarantees economic and legal security. Human societies always noted this point and then created several registration systems and practiced one of theses for achievement to the security. But lack of attention and knowledge about effects and aims of registration real properties and their documents of transactions and therefore violating these effects and aims or by the enactment of law or in the jurisprudence has caused the system of registration real properties was not able to be efficient and response the needs of society. In addition, lack of attention to these effects and aims has caused disagreements and lots of difficulties happened in transactions of real properties and their regulations. In this article, it has been tried to study the legal and economic effects of the regulations of registration real properties.