جستجوی مقالات مرتبط با کلیدواژه « contract » در نشریات گروه « علوم اجتماعی »

The general policy of the legal system in the Islamic Republic of Iran is encouraging arbitration and institutionalizing it. In the legal system of Iran, arbitration has two functions. In the Civil Procedure Code, it has a contractual basis and is a pseudo-judiciary institution. This institution can go to settle suits alongside with juridical courts. In the Protection of Family Act, however, it is a legal must for divorces on which spouses have not mutually agreed. It is a non-judiciary institution merely aimed to make peace and agreement between spouses. For this reason, contractual arbitration has more capacity to settle suits including family ones. Studies show that, in the Protection of Family Act, arbitration is awfully useless and plays a negligible role in solving family’s problems. Thus, it is better to use contractual arbitration in family law. Through contractual arbitration, spouses become, voluntarily, obliged to settle their problems through an arbitrator on which they have previously agreed and, so, avoid referring to the court. With the contract of arbitration, spouses negate themselves of the right to refer to judiciary courts and, they are not able to file the subject of arbitration in the court unless through an agreement.

Family is the oldest and the most significant social group, the fundamental unit of the society, and the canon for man''s spiritual development. Observing ethical judgments, woman and man constitute it on the basis of legal rules. Since woman is a fundamental component of the family, individual and social rights and duties of women, as the most significant part of woman''s legal system, have always been a challenging issue. In its widest sense, woman''s individual rights are defined as those freedoms, abilities, and demands that are considered necessary by the community for the individual''s advancement. Woman''s status as well as her role in both individual and social life is treated in a very special way in the Islamic legal system. Explaining essentials and proofs of freedom and limitation, the present research compares woman''s status as well as the rate of her limitation/freedom in ritual, political, economical, social, etc. realms before and after marriage. Findings indicate that on the one hand there is no notable difference in woman''s status as well as rate of her limitation/freedom before and after marriage and, on the other hand, there are some religious solutions for reduction or elimination of probable limitations occurring to woman after marriage as well as securing her freedom in the actions

Illegal conditions refer to the conditions where a lawful is turned into an unlawful or the other way round or its content is in conflict with a statutory order. These conditions are undoubtedly invalid and their subjects are not obliged to do so and are not allowed to do either.This article describes briefly the rule, condition, and contract and their relation, namely "obligation implied in obligation", among various issues such as violation of description, violation of condition, condition of termination, etc. and a kind of similarity is established, i.e. the right to terminate the contract for what condition has been set for in case of lack of fulfilment of the description and condition. According to Imam Khomeini, the invalidity of a contract based on the illegality of condition is disputable. When there is no evidence of invalidity of contracts, in encompasses all their reasons. In case of doubt in the validity of such contracts primary of validity is accepted and reference is given to the Quranic verses and traditions.

According to historical sources, socio-cultural conditions governing the post-Islamic society lacked moral foundations in the domain of rights, especially family rights. Now, if we claim that morality is the foundation of Islamic law, the claim for the signing of marriage contract and other legal institutions needs serious reflection, and cannot be in line with the current realities of the Islamic society. From this, one can only claim to have signed the form of this institution as a covenant and consider its related juridical bases and principles to be established by Tom. With the new readings based on its institutionalization and its acceptance give way to the innovation in judgments and provides the ability to adapt to time and place in the best possible manner in different periods. Accordingly, this research uses descriptive-analytical method and library tools to provide a new explanation of family through juridical and legal essence, contrary to the famous jurisprudential sayings and proves the institutionalization of marriage based on the two principles of ethic and chastity and considers marriage as institutionalized in terms of contract, principles, rules and behavioral nature.

Technology transfer from IOCs and technology development in these countries and maximizing of local content is one of the important incentives in upstream petroleum contracts. In this article, we reviewed several contracts like concessions, production sharing and service contracts and surveyed upstream petroleum’s contracts Capacity on the transfer and development of technology and using of local content with approach of the critical success factors. The results of these research showed that concession contract doesn’t have enough capacity for this goal because this contract focused on petroleum’s income but production sharing and service contract have some tools for this aim. We can say upstream petroleum contract are necessary for technology transfer but they aren’t enough for this goal.

Performers of literary and artistic works (including actors and singers), such as any other intellectual owners, have a right to exploit of their own artistic performance. They can exploit of this right personally, or license or assign their rights to other person through contract. These contracts usually face with legal issues such as lack of clarity in the nature of contract, transfer of Performer’ rights to producer and Performers’ stewardship and then lack of clarity of these issues can put up exploitation of literary and artistic works in a halo of ambiguity in many of contracts. In addition, studies show that Performers do not acquaint with their rights. Creativity in artistic performance and dependency of performance on Performer character are elements that promote performance contracts into worker and employer contracts and face to legal problem for realization selling and lease contract. This research question is whether the performers’ contracts require special nature and rules? what features should these contracts have? This study collects informations with analytical-descriptive approach and by means of library and field study and attempts to assess and analyze these contracts Meanwhile the rights of Performers and findings obtained through questionnaires and interview with Performers of Tehran city and finally concludes that although the performers’ contracts are subject to general rules, but require special regulations in some cases that its purpose is adjustment of relations between performers and producers and ultimately greater prosperity of the public.

From long time ago, one of differences between jurisconsults and lawyers is the amount of wife’s inherited her husband’s immovable property. The civil law of Iran before 1387 followed up the famous opinion of jurisconsults in act 946, but from 1387 accepted the obscure opinion with a new amendment that this opinion seems more logical with the review of reasons. In consequence of differences in the amount of wife’s inherited from immovable property, also there are some differences about the right of wife’s option from the contracts of husband’s immovable property such as land and house. In one of both cases exist five opinions. Because of the civil law somehow deprives wife in husband’s immovable property before and after correction, this question is mentioned that despite the deprivation of wife from the same husband’s immovable property, Is she inherited from the option right to terminate the contract of immovable property or not? The answer of this question doesn’t mention in law and is one of come down with problems in society. In this research after studying the amount of wife’s inherited from immovable property and it’s reasons, obtained different opinions about the amount of option right of wife from immovable property that is done in descriptive analysis method, That the fifth opinion means the wife to be right of option in case of the sale of immovable property and deprivation from option right, if the husband buy immovable property, is prefered.

A contract, as a legal institution, always faces incertitude in achieving its goal. It is through proper control and accountability towards the incertitude that one can explain the commitments and prorogations of the two sides to a contract. Since the conditions for conclusion of a contract can also guarantee its implementation, it is necessary to pay due attention to arrangement of a contract, commitments of the two sides and division of related risks between them. Hence, knowledge of the essential nature of risks related to the two sides’ commitments, the impact of opportunities and threats, including the financial, operational, competitive, political and social ones as well as strategies for the communication between the two parties would help the two signatories to the contract to adopt a logical approach to the implementation of the contract to prevent failures and consequently reduce contractual costs and implement it on time.

Embryo donation can be various jurisprudential and legal topics such as desertion, leave, peace, gift and be tailored to the specific contract. The principle of "freedom of contract" in Article 10, it is mentioned that civil law, Contracts range from a fence made out of certain contracts to any contractor who is not opposed to the legislation has the support. Therefore, embryo donation can be done in a private contract. Therefore, the number of embryo donation as a legal contract between donors and non-financial contracts authorized centers know that infertility has set the general rules, Besides that prevents the practice of providing free or swap reward donors is not as gratuitous gift can be changed in this case are minor.

This study is based on bibliographic and documentary research was undertaken to investigate the nature of a substitute contract deals in the pregnancy.

Conclusions about the nature of the contract substitution in pregnancy, there is no legal text, Therefore, to determine the nature of the general legal principles and sources of contract must identify the type and nature of the legal acts referred. Thus, given the spread of knowledge and surrogacy and in vitro embryo production problems caused by this treatment in the community, it is necessary to examine the legal nature of such contracts.

Although in accordance with the general rules of contracts, the effect of abrogation relates to future, the lease contract has certain characteristics, which do not lend it to this rule. Hence, if the contract of lease is abrogated in the midway, there are differences of opinion about the effect of abrogation. Some argue that the effect of abrogation applies only to the remaining period of the lease and the pre-abrogation period remains intact; while others argue that abrogation applies to the entire term and it is abrogated from the beginning of the contract, is rendered null and void and consequently the entire rental is returned to the original owner. There are three viewpoints about this issue in jurisprudence. Imam Khomeini’s viewpoint mentioned in his book Tahrir ul Wasilah, plus another rule that applies to the loser, is the acceptable one which is discussed in this paper.

The issue of order is one of the most important subjects in social sciences and is as old as human civilization, but the modern world and its special issues like urbanization, industrialization, individualism and etc. that all shook the traditional order lead to a more emphasis on the issue of order. Of course the first and the serious modern intellectual is Machiavelli, but it was Thomas Hobbes who, for the first time, brought up the question of how to establish order as an issue. The importance of comprehending how to establish order to prevent crime is that crime, before all, is a threat to diminution of order and social solidarity, thus if the mechanisms of how to establish order are understood appropriately, it will be easy to prevent crime and social solidarity diminution. So this essay is aimed at examining the mechanisms of establishing order from Hobbes’ viewpoint. For this reason, after examining his life and main works in brief, his position in the more extended tradition of social contract has been identified and then by emphasizing on his main work, Leviathan, his views on establishment of order in society have been examined. The results of this archival examination indicated that Hobbes’ special anthropology and methodology direct him to a coercive viewpoint on the issue of social order which on its basis, society is in order only when individuals gather together, sign a social contract and form a government that could establish order.

The will of one person to create ownership for another has always been a controversial issue among jurisprudents. Some of the jurisprudents maintain that the will of one person is so strong that he or she is entitled to make another person owner of his or her own property. At the same time there are jurisprudents who oppose this viewpoint. At the same time, some other issues such as endowment and will expand the scope of this controversy. Some jurisprudents consider these two institutions as unilateral possessions. Still there are other jurisprudents who maintain that on the basis of the rule of prohibition of forceful ownership and the principle of lack of guardianship, such ownerships are exceptional. Imam Khomeini advocates the latter viewpoint while considering will as something created by the testator but ownership of property is subject to the acceptance of the legatee. Although they consider endowment as stoppage, the precondition that taking and release makes it correct has made the conception of unilateral ownership of these two legal institutions difficult and hence they consider ownership on the basis of one person's will contrary to the freedom and ownership of the beneficiary.

There are two major approaches among jurisprudents to pending contract. Some consider it valid and some invalid. Both rely on rational and jurisprudential reasons in their arguments. The opponents of the validity of pending contract rely on consensus as the most important reason. The advocates of the validity of pending contract, mainly contemporary jurisprudents including Imam Khomeini, while rejecting consensus, challenge tanjis in contract. Among the jurists, the predominant approach belongs to the advocates of the validity of pending contract while invalidity of pending contract according to them refers exclusively to those mentioned in the civil code such as Articles 1068 and 699. In critical approach to the theory of suspension in forging and in basis, it is argued that suspension in forging is fundamentally baseless because in suspension in forging the contract is not formed to talk about its validity or invalidity. In fact validity or invalidity belongs to the situational decrees which require an external subject. On the other hand, it is argued that contracts and transactions are not canonical truth and the sharia, except in few cases, does not interfere in the precept of the rational and the issue belongs to the commonsense and is valid.

There are only a few Old Elamite documents available today; however there are more than 500 legal documents from Susa, written in Akkadian, that provide us with a unique chance to study legal and social institutions of Elam in the Sukkalmah Period. The present study will edit and translate three lease documents from the Sukkalmah Period, which are known as esip-tabal contracts. A comparative study with Laws of Hammurabi reveals that a certain type of mortgage was formulated as lease, in order to provide a way to charge more interest than what is legally allowed. This essay will explain the periods of Elamite history and the variety of sources available in order to establish the historical context. Then the significance of the Akkadian texts from Susa is explained, and finally the three esip-tabal documents are studied from the perspectives of form and content.

Mo’atati marriage contract has different meanings in Islamic jurisprudence and law. A common conception is that in such kind of marriage for the contract to be legitimate it is not necessary for the couples to verbally declare their consent. The important question arising here is whether one can perform a marriage contract without verbally declaring consent or not. Most jurisprudents believe that marriage contracts must be verbally and explicitly uttered and that Mo’atati marriage is invalid. There seems to be a general consent over this issue. The Iranian Civil Law, too, asserts that marriage contract must be verbally uttered. However, some argue that Mo’atati marriage contract is valid. This paper elaborates on the meanings of Mo’atat in marriage contract, evaluating arguments for and against Mo’atati marriage contract and the primary or secondary function of the verbal utterance of marriage contract. Finally, the paper tries to answer the question whether there is a substitute for verbal utterance in marriage contract or not.