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

Changing or correcting the date of birth is one of the important and basic issues in the field of civil law, which despite its importance and many plans in the administrative and judicial courts, has not been sufficiently considered, examined, and explained, therefore, its realization is necessary according to the case. Legal conditions are possible through three references and five methods. One method is to act through the commission to determine the age of the subject of the single article of the law on preserving the validity of registered documents, etc. Another method is to request the Dispute Resolution Board of the Civil Registry Office and the third method, which is actually the continuation of the process of obtaining the right through the previous method, is to protest the decision of this authority before the court and request its violation and accept the request from the court. The fourth way is to file a lawsuit to change or correct the date of birth before the court and the last method is to file a lawsuit to cancel the current registry document and issue a new registry document with the actual date of birth before the latter authority. In all cases, according to its type and the competent authority, the request is subject to the fulfillment of legal conditions and the presentation of justified evidence to the investigating authority.

Translating personal names in literary-religious texts is one the challenges faced by translators. The study aims at investigating strategies of translating such names in The Holy Qur’an based on Grima’s (2018) model. The research method is of descriptive type. The corpus includes five Persian translations by Makarem Shirazi, Elahi Qomshei, Fuladvand, Khoramshahi, and Ansarian, and five English translations by Qarib, Saewar, Rodwell, Sale, and Itani. As the first step, personal names were identified from The Holy Qur’an and their equivalents were extracted from the Persian and English translations. Finally, the strategies were specified based on the boosted framework. According to the findings, strategies of ‘transference’, ‘modification’, ‘transliteration’, and ‘combination’ were employed at least once while ‘omission’ had never been used and the strategy of ‘translation’ was not adopted independently. In fact, the addition of the two strategies of ‘transliteration’, and ‘combination’ was quite essential for boosting Grima’s (2018) model. Moreover, the findings of the present study revealed that ‘transference’ (by 96%) and ‘modification’ (by 71%) were the most repeatedly used strategies resorted by Persian and English translators, respectively. Moreover, it was found that 100% of the strategies adopted by Persian translators tended towards the source-language and culture, while 79% of the selected strategies by English translators inclined towards the target-language and culture.

The theory of unpredictability originated in French law and has undergone a historical transformation. This theory considers changes in the terms and conditions surrounding contracts. In principle, the parties to a contract declare their wills after considering all matters related to the subject-matter of the contract, and it is their intention not only to take account of the current circumstances, but also to foresee future changes and possible developments. However, the process of fulfilling obligations may be hampered by the occurrence of unpredictable events. In this situation, two scenarios are conceivable: the implementation of obligations may be practically impossible, or it may entail excessive financial costs. The first type is known as force majeure while the second is the subject of the theory of unpredictability, where negotiation to modify the contract is suggested as a solution.In its recent amendments to the Civil Code, the French legislature, while accepting the theory of unpredictability, gives the judge an unfettered discretion for the modification or dissolution of contracts. Article 1195 of the French Civil Code is intended to recognize, as a rule, the modification of contracts in the event of unpredictable conditions that makes performance difficult. This legislative measure has realized one of the aspirations of lawyers because the judicial procedure, and the judge in particular, have not been able to change the contracts, and on the other hand, if such an action is permitted, the security of legal and economic relations in a society will be in danger. French judges, however, now have the necessary authority to modify contracts as a matter of enforcing the rule of law. The law speaks of the difficulty of fulfilling obligations, but does not provide specific criteria for it. It might have been found impossible to suggest criteria because the difficulty of fulfilling obligations varies from one contract to another, and it is the judge that, by examining the surrounding elements and by obtaining expert opinions, can conclude whether there has been difficulties in implementing the contract.In Iranian law, the need to provide for  a modification mechanism is more pressing now after the imposition of unilateral sanctions on international contracts as well as severe economic instabilities due to a variety of factors including the COVID pandemic. Due to the lack of specific legal provisions on contract modification, the courts decide about the modification according to the spirit of the law, general legal principles and the implicit agreement of the parties. Judges of Tehran courts have recently discussed the implementation of continuous contracts affected by the COVID in their meetings, and it has been suggested that if the conditions of force majeure are met, the party in failure should be exempted from the obligations and the compensations provided for the breach in the law or in the contract. The fact that the National COVID Committee has decided to allow the extension of lease agreements with a limited authority being conferred on the lessor to adjust the rent also indicates that the theory of unpredictability is not alien to the Iranian legal system.This article, using descriptive-analytical method, and taking into account the differences in the sources of law between the legal systems of Iran and France, will examine the legal nature of this institution and distinguish it from others. It will address the question whether the proposed solutions contribute to the economic dynamism of the contract law and will conclude that the contract has several economic and legal effects for the parties and these effects are long-term, so the need to modify the contract is paramount. On the other hand, considering that Iranian law is in many ways inspired by French law, this legal system is amenable to this theory on the basis of its general legal principles, although no specific legal text expressly upholds it.

Ibn Ghadāʿirī (Arabic: إبن غضائری) is one of the prominent ḥadīth narrators in the earlier age who has reread the ḥadīth narrator's status using the knowledge of ḥadīth and biographical evaluation (Arabic: الرجال, Romanized: al-rijāl) specific to his time. His field of biographical evaluation studies is a representation of his scientific personality, intellectual model and method of accessing Rijāl sources. His critical approach to this knowledge can be represented and judged by his historical Rijāl (not objective). However, the lack of historical narrative sources about Ibn Ghadāʿirī's personal and social identity has become a position for different epistemological speculations in the field of his historical personality, beliefs and knowledge among the earlier and later (posterior) scholars of Rijāl and other scholars. It was attempted in this article to reread analytically, Ibn Ghadāʿirī's scientific and religious character by using the narrations of the contemporary Rijālian scholars of Ibn Ghadāʿirī and the narratorologists after him

Hadith, as one of the sources of Islamic knowledge in its historical course, has suffered damages that affect its credibility. Evaluation of narrations in terms of document, source, text and content is necessary to deal with these plagues and to validate hadith texts. The study of the content of the narrations from the time of the Infallibles (peace be upon them) began with the presentation of the hadith to the Qur'an and Sunnah. From the study of Rijali's works, it appears that one of the documents of Rijali writers in authenticating and weakening the narrators has been the study of the content of their narrations. If this hypothesis is proved, one of the foundations of the knowledge of the rijals, which is the sensibility of the affirmations and weaknesses, will be changed. This article tries to prove this view by discovering phrases from the book Najashi List, which refers to textual and content criticism. This research has been able to take a different look at the knowledge of men in front of the audience and provide the basis for expanding the scope of this knowledge.

Most of educational crises and issues are rooted in knowledge weaknesses of education. The knowledge of education is the outcome of graduate courses. Educational administration is a branch of educational science that has been so quantitative development in recent years. However, what is the contribution of educational administration to development of knowledge and solving educational problems. To answer this question, the method of case study had been used to investigate current status of graduate course of educational administration. Population is the PhD students and faculty members of educational administration major which sample of them were selected through purposeful sampling and participated in qualitative and semi-structured interviews. Research findings reveal that issues and challenges include apparent level elements such as accidental occupation and professional confusion as well as theoretical and intangible issues such as uncertain scope and places of educational administration. Comprehensive and strategic review of a multiple factors is required to refine existing situation of master course of educational administration. Thus, graduate courses should focus on educating students who are capable of understanding, analyzing, criticizing, designing, and recreating educational institutions and systems.

"Zahāf" in  Arabic lexicon means 'to become remote from the origin; crawling of the child'. In Arabic prosodic terminology, 'zahāf' refers to poet's numerous options that make easy compose poems for Arab poets. In Persian poetry they are inevitable principles though are difficult to follow, make Persian poetry more harmonic. Arab poets compared to Persian poets have more options in using different forms of words. The present article by using documentary research, extracts zahāfs principles and their causes from different Arabic prosody books and compares them with Persian prosodic traditions. The comparison shows that Persian poets cannot follow Arabic prosody all the times. So, Persian prosodists explore new rules. However, Persian prosody is not so remote from Arabic prosody to make necessary completely new mechanism for Persian rhythm.

Arbitration in international trade is based on various domestic and international laws. For various reasons, turning to arbitration in international trade can have more benefits than the intervention of governments and judicial authorities, so it is necessary for countries to pay the necessary attention to facilitate arbitration in this regard and remove some obstacles. In recent decades, arbitration has played a significant role in resolving trade disputes. The reason for this can be sought in various factors such as reducing transaction costs, speeding up the proceedings, reducing judicial intervention, and so on. In this regard, in some cases, factors that are independent of the arbitrator or lead to his or her will may lead to a fair handling of the dispute, in which case rules and resources have been considered to resolve this issue. This descriptive-analytical study is a comparative study of referee's injury in domestic and international sources and examines the gaps and problems in this field and tries to compare the significant shortcomings in this area with a comparative study. Explain in the field of domestic and international law.

Arbitration in international trade is based on various domestic and international laws. For various reasons, turning to arbitration in international trade can have more benefits than the intervention of governments and judicial authorities, so it is necessary for countries to pay the necessary attention to facilitate arbitration in this regard and remove some obstacles. In recent decades, arbitration has played a significant role in resolving trade disputes. The reason for this can be sought in various factors such as reducing transaction costs, speeding up the proceedings, reducing judicial intervention, and so on. In this regard, in some cases, factors that are independent of the arbitrator or lead to his or her will may lead to a fair handling of the dispute, in which case rules and resources have been considered to resolve this issue. This descriptive-analytical study is a comparative study of referee's injury in domestic and international sources and examines the gaps and problems in this field and tries to compare the significant shortcomings in this area with a comparative study. Explain in the field of domestic and international law.

Evolution and improvement always makes sense in relation to a source and a destination; That is, you have to start somewhere and get somewhere, and throughout this process, the previous stages must be the backbone of the later stages. This means that the production of religious knowledge should be seen as a "process" and it should always be promoted by relying on the previous legacy of Islamic sciences; Therefore, in this article, the authors, based on their experiences in this field, have proposed a four-step process for the realization of change in the humanities, which they believe can be considered a clear and efficient path.
This process begins with the systematic identification of the existing scientific literature and is initially exploited in a short-term way in solving the problems of society by changing the appearance of science and refining (filtering) it from the definite cases of opposition to religion. In the next stage, while classifying the sciences and paying attention to the system of theories, it provides the conditions for a comprehensive critique of Western theories in a systematic and effective way, and in part, produces new Islamic theories. In the final stage, the issue of the creation of science is raised in a fundamental, comprehensive and coherent way.
The present article has been done by descriptive-exploratory method and is practical in terms of purpose.

Prison is one of the most commonly used tools for punishing criminals in the world. Imprisonment is a punishment that is used to deprive a person of his liberty. If costly criminal options like jail are used without limits, the cost of prosecution of criminals will be enormous. Hence, one way of solving this problem is to provide social penalties in the form of criminal penalties, so that the criminal system can gain popular support for these penalties. So the question of the present research is: what are the programs of cultural reform and treatment in Iranian prisons?

The present research is applied in terms of its purpose and its contents were compiled by a library method using books and articles written and translated.

Cultural programs in Iran’s prisons include a series of educational, ideological, artistic and physical education activities developed with the approach of regulating the behavior of prisoners.

Giving opportunity of modification is one of the sanctions against imperfect acts and measures which can be considered as the lowest cost and most defensive sanctions. Modification of acts has been analyzed in the light of “Theory of Nullity” and has taken important chapter in different countries. Civil procedure of France distinguishes between formal and substantive defects and devises special conditions and order for each of them. In Egyptian law, modification of acts can be done by perfecting or achieving to goal and purpose. It seems civil procedure of Iran needs to codification of system for modification. Accepting modification capacity for non-basic and subsidiary defects is compatible with our bases of Iranian civil procedure law and it seems first step should be taken on this basis in our law.

Due to section 179 of Iranian maritime Act,1343, if salvage contract is concluded under the influence of danger or undue influence and its terms are inequitable or if the consent of one of the parties is vitiated by fraud and or when the remuneration under the contract is, in proportion to the services actually rendered, too large or too small, the contract may be annulled or modified by the court at the request of the party affected. These regulations that have been adopted from section 7 of convention for the unification of certain rules of law relating to assistance and salvage at sea,1910, and because of the accession of Iranian Government to international convention on salvage,1989,those have been repeated in section 13 of the Act for granting permission to the Government of the Islamic Republic of Iran for accession to international convention on salvage,1373, are not so compatible with the principle of being obligatory of contracts, general regulation pertaining to duress and fraud in contracts and the prohibition of courts from modification of them.

Hadith_ as one of the Islamic education_ in its historical way، has been sustained effective damages which have had effect on its validity. It is necessary to review the narrations from the document، resource، context and content aspects to face the damages and to provide validity of the hadiths'' context. Since the time of Imams (p. b. o. t)، the content based review started by the exposure of hadiths to the Quran and Sunnah. By studying of the Rijal works، it seems that the content based review of narrations has been one of the documentations of Rijal scholar to weaken and authenticate the narrators. If it is proved، one of the bases of the Rijal science_ which is «Sensibility of the Authentications and Weaknesses» _ will be changed. This article tries to prove this view، by finding expressions of the Rijal scholars which refers to the contextual and the content based review. This research، has provoked a different view of the Rijal science to the audiences and has provided the expansion domain of this science. Key words:

In scientific and academic communities, reviews and giving comments on articles, books and or Articles explicit language and words that are common, while many Certainly far from any intention of love and hatred and in Interrupt the blank line and Transparency progress takes place. After reading an article on the Attars Elahi name. Vafer Meter or Hazaj meter? That the venerable author, after the presentations and discussions, and citing evidence of Persian and Arabic verses, pland which is based on (Mafâelaton) is attempting reasonably to prove that the mentioned coplet has been versified according to (vâfer Resolved brachycatalectic), and can write about it So we can say The result is invalid and the reasons leading to the issue of anonymity and important topics in the old Prosody as "Tkhryj Meter " is This paper introduces the topic and describe it, was devoted to the background literature that the optimal chance to learn and explore in depth topics such as writing a hefty Prosody ancient Persian.

The judicial modification of contract as a result of decrease of money value is a legal- economic concept emerged due to the economic fluctuation in recent century. According to the legal, philosophical and the economic basics presented for modification and decreasing money value, unfair possession seems to be a good basis, although the current legal system hardly accepts it. It seems that the legislator has accepted the hardships resulting from decreasing value as a basis.Regarding its nature decrease in money value causes liability and it can be compensated. The important point is possibility of maintaining the contract at its own forms considering value decrease. So in some cases value decrease of money, modification will not be justifiable. Continuation of the contract and keeping the agreed terms can be a suitable equivalent.

To the question of whether to allow the applicant to formulate the new (additional) claims in the course of proceedings, the Permanent Court of International Justice has responded affirmatively. The International Court of Justice seems to depart from the approach adopted by its predecessor, giving considerable preponderance to the limits of the claim as delimited by the terms of the Application, as well as giving a very narrow interpretation of the connection that must exist between the new claim and the one formulated in the Application. This is what makes (almost) impossible the submission of an additional claim. The judgment of 30 November 2010, rendered in the merits of the case concerning Ahmadou Sadio Diallo is the notable example of the application of this approach. The Court emphasizes the disadvantages resulting from the submission of new claims in the course of proceedings. We think that it will not be the case if it is recognized that the new claim is a real affirmative demand, and an incidental proceeding.

Sheikh Tusi’s Al-Rijal, being compiled in thirteen chapters and including 8900 narrators, has been written with the aim of counting the narrators of the immaculate imams and determining their ranks. The paper is an attempt to find out the principles and methods on which Sheikh’s classification of the narrators` position was based. Although Sheikh has not sought to state reliability, weakness, and to modify the matters in detail, his Rijali method, in general, is based on refraining from undermining the vulnerable people or, ultimately, from weakening the weak. And it is the fact originated from his moderate mood and, at the same time, being partially related to the historical situation of his era i.e. the early arrival of the Seljuks prejudiced in Shafei religion that led to the intension of conflicts between Shia and Sunni. The result of his attempt in this delicate situation is documentation of some narrations from the Sunnis and different Shia sects to reduce some dimensions of these damages. Therefore, his Rijali circle has been considerably expanded. It should be mentioned that referring to only the name of someone in this book does not mean that one could make sure that he is Imami or even Shiite.