جستجوی مقالات مرتبط با کلیدواژه « ضرر » در نشریات گروه « علوم سیاسی »

Although public and development projects are prepared and implemented with the aim of increasing the welfare of citizens; But depending on the type of project, their negative effects, especially on neighboring properties and damage to some citizens can not be ignored. If the occurrence of damages such as lower prices of properties adjacent to the project due to increased noise pollution, environmental and restrictions on the exercise of property rights of individuals after the implementation of the project is certain and the causal relationship is achieved, some of the most important pillars of responsibility. However, the provisions of Articles 1 and 11 of the Civil Liability Law regarding the need to establish the element of fault and principles such as the protection of public interests and interests in the implementation of various plans and the complexity of the nature of these damages create serious obstacles to claim damages. In this article, we seek to answer the question of whether, despite the legal vacuum and the existing obstacles, the contractor of a public utility project can be held responsible for compensating the damage to neighboring properties? If so, what basis can the government use to compensate? In the Iranian legal system, .

Today, the institution of civil liability is important due to the advancement of technology and communications. One of the most important issues can be considered the issue of civil liability arising from the extraction and sale of cryptocurrencies, so that this issue is not mentioned in our codified laws in Iranian law, and its generalities are generally mentioned in the laws. In this regard, it is important to examine the elements of civil liability of buyers and sellers, as well as the derivatives of this type of currency code.In some cases, governments and in other cases, individuals and legal entities are harmed in buying and selling such cryptocurrencies. Therefore, in this article, we will examine the civil liability resulting from the extraction and sale of cryptocurrencies in Iranian law, what are the conditions and what are the effects, and finally, what are the principles governing it. This issue has been studied by descriptive and analytical methods and we have found that there are no written rules for civil liability in extracting and selling cryptocurrencies in Iranian law and it has been relied on by the public and this issue has three pillars of civil liability. It is with different conditions, the theoretical basis of which is formed in Iranian law according to the theory of fault.

Population growth and rising public expectations have led to unbridled changes in the structure and composition of materials to meet the needs of life, which has devastating negative effects on the environment. The effects of some human actions on the environment and society are so serious that their compensation and restoration is limited in the current civil liability. Because the current institution of civil liability will seek compensation and compensation after the loss. In this regard, the acceptance of the institution of prevention in civil liability or in other words preventive civil liability on the one hand can be effective as a part of the modern civil liability literature in preventing acute environmental damage. On the other hand, precautionary measures to prevent biological damage in terms of sustainable development and economic, social and cultural dimensions also have positive effects that justify the need for its acceptance in the field of environment.

The subject of civil liability arising from Internet communications includes violation of privacy, right to be forgotten, possible crimes arising from Internet communications, violation of civil rights and many human, financial and moral damages, the realization of civil liability depends on the fulfillment of its elements such as Loss is a harmful act and a causal relationship. Therefore, without fulfilling any of the aforementioned pillars, the guarantee cannot be considered as arranged. In some respects, claiming damages and methods of assessing the moral damage caused by internet connections can also be one of the important issues, which unfortunately, there is no single procedure in this regard. As a result, the pillars of civil liability arising from internet communications in the EU, contrary to Iranian law, have other pillars such as predictability of damage and moral and material damage in Iranian and EU law can be compensated and methods of compensation for material damage to The form of guardianship and in case of moral damage will be compensable in the ways determined by the court. In general, in the present article, considering the library studies and the importance of how to claim damages and the rules and principles governing this type of liability in Iranian and EU law, it can be stated that the existing laws and regulations in this field in Iranian law. Unlike the European Union, it is not comprehensive.

Most of jurists have concluded urgency of pre-emption due to number of reasons like narratives, consensus and etc. Such reasoning is not perfect as consensus that was concluded by Seyyed Morteza or Sahib Ghania about delay is completely different. Same problem exists for narratives due to with documentation or reasoning in narration. Although some reasons of pre-emption delay are faulty, pre-emption can be concluded according to the narration that “His partner is more deserving than others”. Pre-emption delay is advantageous for both customer and salesman. Because the customer will benefit from more interests and rewards. The salesman’s partner can also benefit from sale termination. Jurists’ consensus is that the absent person is not aware of the sale, but he has the right for pre-emption termination even he/she is absent for a long time. This is the basic concept for delay right. However, if the partner is aware of the sale and he does not use his right of pre-emption, anybody else cannot use this right anymore. Besides, in case of inflation and unexpected increase in the price, this right is null and void.

Termination of marriage is one of the methods of dissolving the marriage and its basis is due to the defect of repaying harm and hardship from the spouses. Due to the reasons for terminating the marriage, it is in order to compensate the mental or physical damage or the dignity that is suffered from the survival of the marriage. To cover this loss, it is enough to give him a period of time that he can normally terminate the marriage, and that period is customary. Allowing the delay or giving more time for the dissolution of the marriage will cause the other party to lose, which will put him in an unstable and shaky situation. In French law, a mistake in the personal identity of a spouse is considered to be a partial annulment. In English law, there is no legal act called divorce, but the annulment of marriage for reasons that have arisen over time and through judicial procedure in British law, in terms of different titles, but similar to the dissolution of marriage and its causes in Iranian law.

In principle, the harms of proximity to social life are inseparable and customary unity is tolerable. Property law has tried to regulate neighborhood relations in various ways (easement, neighbors' legal obligations); But if the neighbor's harassment causes harm, the issue of compensation arises. In many cases, no negative intent or misuse in the exercise of the right can be proven. However, on what basis should the damage to the neighbor be compensated? In Islamic law, various principles have been expressed to compensate for losses. Examining the issue in an analytical-descriptive manner, this result has been obtained. In all cases, with customary truth, the attribution of damages to the perpetrator of the loss, based on the No-Loss Rule, must compensate the damage.

Given the diverse and new nature of legal developments, especially with the advancement of science and technology and the emergence of new areas of risk and loss, one of the challenges of civil liability is the recognition of cases of loss. In order to be able to do this, flexibility is required in the recognition of cases and the scope of key elements. Due to the rigorous scrutiny required when dealing with uncertainties within the identification of the pillars and basic elements of civil liability and the responsibility that this is accompanied with, researchers have refrained from providing precise criteria. The present study aims to fill this void. Since the definition of loss is constantly changing based on locations, capabilities and techniques, the impact of temporal and spatial elements is an effective criterion for this legal structure and can be effective in its conceptual recognition and the enforcement of civil liability and compensation. Today, one of the most prominent criteria in this field are temporal, spatial, technical and specialized standards. They require the use of specialized experts in each field of the judicial process. It also appears that, custom and culture can be engineered in such a way that new definitions can be extracted for the term ‘loss’ and so they  can be compensated, except where the law explicitly excludes it. However the effectiveness of using culture, customs or traditions to engineer new meanings and definitions for the term ‘loss’ is faced with various difficulties, such as: proof and effectiveness, inappropriate social and economic approaches, the vagueness of spatial and temporal restrictions of custom, the limited freedom of people, stretching out trials, corruption in engineering customs and cultures to discover new definitions for the term ‘loss’, insufficiency of culture when dealing with losses related to social order and good character, and the inability to engineer customs and culture in jurisprudential rulings.

Jamming, often referred to as satellite jamming, is used as one of the methods of blocking reception of transmitted signals of satellite televisions. This article seeks to make a legal study of this issue in order to find an answer to the question, “What are the legal reasons for the use of satellite jamming?” What are the conditions for allowing the use of satellite jamming? Regarding the possible health hazards of satellite jamming of harmful kind, what decision can be made? What would be the role of the Muslim ruler in this connection? Having studied the various statements and reasons for the use of satellite jamming and the collected necessary data from various written sources, computer networks and websites, and scientific soft wares, this research work, drawing upon the descriptive-analytic method in data processing, has come to this conclusion that the reason for the necessity of the use of satellite jamming is to fight corruption and to put into practice the principle of “forbidding the evil” on condition that the principle of ‘no harm’ is applied. Therefore, in case there is possible health hazard of satellite jamming, due to the Quranic rule of “no harm”, the necessity of practicing the principle of forbidding the evil is removed. The same principle is even considered illegal (ÎarÁm) by Imam Khomeini on the grounds he put his arguments. Of course, it must be noted that the necessity and importance of practicing the principle of “forbidding the evil” is only possible by Infallible Imams’ or their deputies’ recognition and consent.

Jurisprudents regard “Absence of Corruption and Loss” as one of the conditions to enjoin good and forbid bad, but Imam Husayn (‘a) launched his uprising although he knew the nature of his uprising as enjoining good and forbidding bad and failed to comply with the condition. Jurisprudents for justifying such strategy of Imam Husayn (‘a) have brought up likely things like “uncertainty of martyrdom”, exclusive path of martyrdom”, “permit of peace with enemy rather than its obligatoriness”, “mystery-laden movement of Imam Husayn (‘a)” and “drop of condition of no-loss with importance of obligatoriness”, but Imam Khomeini (ra) by theorizing the last thing has changed it into a theory and has put it into practice.