جستجوی مقالات مرتبط با کلیدواژه « شخص حقیقی » در نشریات گروه « علوم انسانی »

A real person and a legal person have the same rights and duties and have the same Competency. Their difference is exceptional. The exception mentioned in the law is the inherent rights and duties of humans. However, there are examples such as right of pre- emption and executorship, which is a source of dispute due to the existence of companies' competence, and it is not possible to express an opinion whether it is specific to a natural person or a legal entity. Considering that these two legal institutions are related to the Competency, so this article first examines the Competency of the companies, then the position of these two legal institutions in relation to the companies. Since the comparative study between legal systems leads to a better understanding of their strengths and weaknesses, the present article, with a descriptive, comparative analytical method and in a library method, examines and adapted the works of commercial companies' Competency according to the commercial law of Iran, Egypt and Lebanon. Finally, according to the commercial law articles of these countries, it was concluded that commercial companies have the authority to accept probate in the law of Iran, Egypt and Lebanon, although it must be accepted by a representative from the company. Regarding the right of pre- emption, since the commercial law of Egypt and Lebanon is derived from the French commercial law on the one hand, and on the other hand, it is based on Sunni jurisprudence, and the conditions for the creation of the right of pre- emption are different between Sunnis and Shiites, they do not grant the right of pre- emption to companies. But partners are given such a right.

This study is aimed at examining the civil liability of natural and legal persons for environmental pollution and damages in Iranian law and in line with the Lugano Convention. Considers the victims of the dangerous effects of pollution and environmental damage and the obligation to compensate in the light of environmental civil liability. This research answers the question of whether private individuals can have environmental claims and lawsuits according to the legal framework. On the one hand, this issue is considered in domestic law, and on the other hand, the Lugano Convention, due to its systematic structure as the guiding principles of compensation through private litigation in its fourth chapter, "Action for Compensation and Other Claims." Considers and facilitates the process of action by private stakeholders regarding environmental damage. Among the findings of this study is a special view on the right to environmental complaint by a private plaintiff and a human rights view on it, expansion and development in achieving the realization of the principle of environmental litigation and also the approach of jurisdiction and environmental damage.

The importance of consumption as well as consumer as a factor in consumption in the economy is important And since it is not consumed, the production cycle will be stopped Therefore, all economic activities are based on satisfying needs and satisfying consumers. A consumer who is not a specific person or group of people and has a broad concept, In the word means spending and spending And in the legal term is the person who supplies goods or services to his or her own or others' personal and non-commercial use, or uses his or her own right or authority. In examining the consumer concept, which is the subject of European directives and the French and England law, Important issues of assigning or not assigning the word consumer to the real person and selling is raised Which deserves to be reviewed And does the consumer's intention to supply goods or services have any effect on his perceived as a consumer? In response to these issues, different procedures have been taken by the above-mentioned regulations So that we can not extract a decisive solution from these legal systems. In our opinion, the concept of consumer is both real and legal And there is no need for a sales contract to be subject to consumer protection regulations It includes all the contracts But the necessity of the purpose of personal and non-commercial (non-professional) consumer use is essential.

The liability caused by other’s actions has been believed in previous societies. Hence, people used to destroy a tribe because of the murder of a person. With the advent of legal systems, the principle of individualization of punishment was established, so that no other person is punished because of other’s actions. However, with the creation of legal entities, assumptions were presented and led to the criminal liability of legal entities. Now, the question is that whether considering criminal liability for the legal entity is consistent with the principle of individualization of punishment or not? And whether such a person can be punished or not? The answer is that the principle of individualization of punishment has a relative and not absolute impact. When a person is punished for the commitment of a crime, the other people around that person will be damaged physically and spiritually and even other social classes with no relationship with the offender are harmed. On legal entities, the same issue is true. Criminal liability and punishment of legal entity can impose harm on stockholders and other people connected to the person. However, this is not inconsistent with the principle of individualization of punishment. This is because; firstly, the said principle has a relative effect, and secondly, criminal liability of a legal entity is a proxy and not a liability caused by the other’s action. Thirdly, the legal entity has the capability of tolerating the punishment. Fourthly, considering liability for the legal entity and punishing that person can leave impacts in the society to make interest for those people, who were harmed by the punishment of the legal entity.

During and under the Islamic rule, the good tradition of endowment has been and still is one of the most important capitals for perfection of man in all economic, social, cultural and religious aspects. The endowment of the properties of legal entities, no matter public or private, and putting an end to the ownership of legal entity and allocating the property as an instance of endowment, is beyond the authority of legal entities. In this connection, by legal entity we mean the subject or an entity other than real entity who has been authorized to enjoy rights and duties. The great jurists have scrutinized endowment by real entities and covered related issues in the books of jurisprudence. In particular, Imam Khomeini in his magnum opus Tahrir ul-Vasilah has presented around a hundred issues on branches of endowment and provided responses for all of them accordingly. However, none of the great jurists has covered endowment by legal entities in their books or treatises on jurisprudence. On this basis, this research work intends to provide an appropriate response to this question: Does endowment by legal entities enjoy the same rules and conditions attributed to the real entities?

There are many ambiguities and questions about the powers and duties of artificial persons. However, the present paper seeks to investigate the principles of validity and legitimacy of acts made by artificial persons from the viewpoint of Islamic law and jurisprudence. In other words, this paper tries to provide answers for the question that whether an artificial person can perform the legal act of religious endowment? If possibly so, what are the reasons for the validity of this legal act by "artificial person"? Furthermore, it makes review of the conditions of religious endowment by artificial person because the conclusion of religious endowment contract depends on some conditions such the ownership of endower and intention of nearness to God. .. As Islamic law and jurisprudence show, artificial persons enjoy all rights of real persons except those rights which are naturally exclusive to real persons. Furthermore, the reasons of religious endowment are absolute and general and include religious endowment by artificial persons. However, the intention of nearness to God is not the condition for validity and veracity of religious endowment; rather it the condition of perfection and reward.