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

With the events after the constitution and the formation of the modern government in Iran, the pillar of law, which became one of the foundations of the modern government. In this regard, Ali Akbar Davar, with the support of the Majlis and the efforts of a commission of first-rate scholars who were well-versed in jurisprudence and new laws, began to compile the civil law, the outcome of which was actually the adaptation of the civil law to Imamiyya jurisprudence, which some correctly called "Persian jurisprudence". In civil law, a constructive and dialectical balance was established between Imami jurisprudence and new laws, which created a masterpiece of legislation. The main question of this article is how jurisprudence and law interact in civil law before and after the revolution. The hypothesis of the article is that in the drafting of the civil law, this interaction has been highly respected due to the presence of scholars who were both jurists and knew new laws. The findings of the research have shown that although Iran's legal construction in the field of civil law has remained almost constant, in some ways due to the imbalance between the law and jurisprudential sources, and multiple interpretations of legal articles, problems are observed in some cases that require Check the rules. The approach of the descriptive-analytical article and the library data collection method.

Immaterial  properties are assets that do not exist externally but are recognized by society and recognized by law. According to one view, all objective rights (such as easement), the right to do business, goodwill, and intellectual property rights (intellectual property, literary, artistic, industrial, and cultural heritage) are among the immaterial properties. In Iranian law, the ownership of this properties is recognized. Relying on general legal provisions, the transfer of immaterial  properties cannot be considered a sale and, as a rule, the transfer of immaterial properties is done in the form of Article 10 of the Civil Code and indefinite contracts; unless the Civil Law is amended, or the jurisprudence, as a unified procedure, approves the attachment of the transfer of this property to the sale, or the laws that have been approved later, recognize the transfer of the cases of this property as a sale. In the amendment bill of the Trade Law approved in 1968 and the Securities Market Law approved in 2005, the words "buy and sell" have been used repeatedly, and it seems that the legislator has been identified the share sale of companies, which is one of the examples of immaterial and non-intellectual properties. The sale of key-money is a "transfer" in the Landlord-Tenant Relations Law of 1977, but in the practice of trade and even lawyers, everyone talks about the sale of key-money. Typically, the key-money transfer documents of shops and stores refer to its sale instead of renting or transferring interest and key-money. But in the case of the right to acquire or profession or trade, despite the fact that the custom of buying and selling this property is clear, in terms of the contradiction of the society's perception with the explicit ruling of Article 338 of the Civil Code, it is still not possible to consider Iran's rights as surrendered as a definite custom of the society.

An important issue in the field of civil law as well as the jurisprudence of contracts is the discussion of the necessity or non-necessity of observing the basic conditions for the validity of transactions regarding the terms of the contract. In the Iranian civil law, the conditions for the validity of the condition are not explicitly enumerated. One group mainly cites that the condition is also a kind of agreement, all the basic conditions of the validity of the transaction must be observed, and in contrast, another group considers the conditions mentioned in Article 190 of the Civil Code to be related to independent and original agreements. They do not face it unconditionally in the field of conditions during the contract. In particular, invalid conditions are enshrined in civil law, and the legislature has not specified such things as invalid conditions as invalid conditions. This article considers the provision of an appropriate answer to the issue in question depends on paying attention to the principles of civil law in the field of basic and general conditions of contract validity. Examining these principles, we come to the conclusion that intention, consent, competence and the necessity of legitimacy are necessary for a condition such as contracts, but in principle, a brief knowledge of the subject is sufficient.

Today, there is no doubt that the legal entity of the deeds and properties registration plays a sovereign role in society, and perhaps the subject of the deeds and properties registration system is the first civil-legal organization/entity in the privatization debate because it is being completely privately managed. Apart from the discussion of the civil law and the historical background of the deeds and properties registration, the foundations for the formation and establishment of a registration system are very thought-provoking from an Islamic point of view, because at the very least, the precise preparation of documents guarantees the administration of justice and strengthens the confidence of witnesses when testifying and prevents the creation of pessimism, suspicion and distrust among the members of the society. Therefore, in this article, a descriptive-analytical method has been used to study the jurisprudential principles of the deeds and properties registration system with regard to some Quranic verses and hadiths related to legal issues and document preparation in transactions, which are based on the peace of mind of both parties to the transaction, prevention of forgetfulness, prevention of denial, prevention of suspicion, prevention of possible intrusion and occupation, protection of rights and prevention of its wastage, etc.

Installment sale, a long-standing contract with a new robe, was established in accordance with social relations and economic developments to facilitate the flow of sales, access and use of goods and to be its catalyst. In Islamic jurisprudence, installment sale following the topics of credit, while praising the purchase and sale of the debtor, the recognition of the price regardless of its installment, has been identified. Furthermore, the Iranian Civil Code, although it does not specify the installment sale, but in view of the undeniable benefits of this legal entity, its requirements and requirements with the characteristic of "being the seller and the price being the installment" can be sought among banking rules and regulations. This descriptive-analytical study, while explaining the jurisprudential concept of installment sale and analyzing the issues of agreements, has examined the position of Iranian law and the International Convention on the Sale of Goods (1980 Vienna).

In Islamic law, it means deviating from the religion of Islam, which has a criminal character according to Islamic rules, and its punishment is one of the most severe punishments. However, according to some international human rights instruments, the criminalization of apostasy is in conflict with fundamental human rights, and in addition to the right to choose a religion, one must also have the right to change one's religion. In view of this obvious contradiction, it seems necessary to study the philosophy of criminalization of conversion in Iran in order to get out or at least reduce the contradiction. Intended; In this regard, paying attention to the jurisprudence of intentions and understanding the necessity of the existence of rulings, leads us to their philosophy. Criminalization and the punishment of apostasy as one of the topics of Islamic criminal jurisprudence, has been considered by its proponents and opponents. Regardless of the issue of boycotting apostasy in the Holy Quran and the Prophetic tradition, what is at issue, on the one hand, according to some texts, the boycott of apostasy has been emphasized and on the other hand, some believe that according to the principles The texts, the intentions of Islamic law, the critique of hadiths and narrations narrated in this regard, and the gathering of evidence, apostasy has been sanctioned and not sanctioned, and its criminalization cannot be consistent with these principles. In a clearer interpretation and in accordance with the present article and based on the necessities

The principle of validity is disussed in jurisprudence and islamic thought. According to this principle, all contracts are right unless they are proven to be incorrect. The validity of this principle is based on the quranic verses, religious narratives and the content of article 223 of civil law. The principle of correctness applies to all contracts. The adaptation of this principle in islamic thought with civil law, according to international contractual relations, is the issue of this article. Showing the theoretical challenges is the purpose of this article. In this article, we examine the principle of correctess in islamic thought and civil law of the islamic republic of iran. We also examine the role of this principle in attracting public trust and maintaining socil order.

The principle of sovereignty of the will as a fundamental principle dating back to Western law and especially industrial capitalism in English law in the 17th and 18th centuries, as a general principle governing a variety of contracts, including marriage. On the other hand, the principles and conditions of the principle of the rule of will in the financial rights of couples in Iranian law, jurisprudence and English law make significant differences with each other. Apart from the fact that, within the framework of the rules of fair trade, the rules of jurisprudence and the rules of morality, the principle of the rule of will can be affected in English law. Which includes marriage and financial rights of the couple, in other cases such as disproportion - meaning the financial rights of one spouse over another - can not be considered a restriction of the sovereignty of the couple. On the other hand, the principles of the rule of will in English law are based on principles such as the principle of good faith, fair trade and non-violation of the rules of jurisprudence. However, in Iranian law, which originates from Shiite jurisprudential standards, the principle of the rule of will in the financial rights of couples is severely limited compared to British law; In such a way that the legislator, despite recognizing the right of the couple, including in determining the amount of dowry, has limited its receipt to a certain capability

Marriage, as a legal institution, is a source of comfort for both men and women, and one of its important results is childbearing and reproduction. The child is one of the divine gifts, the adornment of parents and their pride, and Islamic teachings and religions ‌ have a lot of emphasis on having children. Certainly, having a child is a natural right of both men and women, and none of them, except in cases of necessity, can deprive him of this divine blessing without the consent of another. However, one of the most important practical situations in the family is the exercise of the will of one of the spouses in preventing pregnancy and childbearing, which may appear during the marriage and as a condition of refusing to have children. This article uses a descriptive-analytical method to examine the scope of one couple's will to prevent having children during marital life and also to examine the validity or invalidity of the condition of not having a child during marriage. This research is based on the necessity of the consent of the husband or wife against the will of the other party and also the invalidity of the condition of permanent refusal without excuse of childbearing and the validity of the conditional contract.

The increasing advancement of technology has synchronized trade with new types of contracts, which are called electronic contracts. The use of electronic contracts has expanded to the point where, in the vast majority of contracts, the use of electronic methods has replaced traditional contracts. Speed, ease, and reliability are the hallmarks of online transactions. In Iran, which is not far behind other societies, the use of such transactions is so strong that in contracts; My Tehran (purchase agreement between the municipality and car owners), Snap, and other available websites that are used to purchase even the smallest items through electronic contracts. Apart from all the contradictions in the e-commerce law, in cases of interpretation and dispute, it has referred to the international feature of the need to develop coordination between countries for good faith and observance of consumer rules and regulations, which has little place in Iranian legal rules.

With the rise of Reza Shah، modernization of Iran became prevalent at all levels of the government. The judiciary system was no exception to this trend. The approach of the Pahlavi government to the modernization of the judiciary system was to take distance from the laws of ‘Shari’a’ and move towards customary structures. This was opposed by the majority of the Shiite clerics who traditionally considered themselves the authorities of judicial affairs. The present study aims to analyze the role of the clergy in modernization of the judiciary system in the first Pahlavi era and the relationship between the said evolution and the establishment of a modern absolutist state، the government reform plan، and the modernization project. The research hypothesis is as follows: The first Pahlavi government eliminated those Shiite clerics who opposed the customary structures of the modern judiciary system intended by the government. However، a number of clerics remained in the judiciary system in spite of their opposition with the changes in the system and played a significant role. It can be concluded that، despite the establishment of a modern judiciary system in the first Pahlavi era، Shiite clerics and scholars retained their effective positions in the judicial affairs and demonstrated their legislative role through participation in the development and codification of the necessary judicial laws، especially the Islamic Fiqh-based Civil Law.