جستجوی مقالات مرتبط با کلیدواژه "اسناد بین المللی" در نشریات گروه "فلسفه و کلام"

Contractual relations between persons are under the rule of laws and Shariah, the text of the contract and customs, and the disputes of the parties are settled based on these sources. Ethics in contracts can be examined from two aspects. First, ethics as a legal source to be cited by the judge in issuing a decision, and second, ethics by each of the parties in contractual relations that must be practiced. Although the execution time is not one of the basic elements and reasons for the formation of an obligation, just as its absence is not considered as an obstacle and the obligation is correct with these characteristics, but the problem is that the jurists are unknown, hesitant, uncertain, the ambiguity of the execution time, even the delegation of authority. The time of execution to the obligee is considered invalid based on paragraph 2 of Article 233 and Article 401 of BC due to the spread of "ignorance to other parties" and the creation of "gharar". Whereas, the above articles do not imply invalidity not only by verifying the intention and identifying the issue of the obligation, but also along with other factors and tools to verify the time of implementation, the time of the obligation can be determined and the liquidation of the obligation should be considered only limited to the external factor. As the international documents in question (Convention on the International Sale of Goods, Principles of European Contract Law, Principles of International Commercial Contracts and Common Reference Framework Plan) are like this. With new arguments, while examining the role of time in commitment, the present research discusses the effect of its lack in commitment and seeks to prove that the performance time that can be determined from the commitment and the performance time that can be determined with the help of the new interpretation, are similar to the performance time effects. It is determined by the obligation that under these conditions, the obligation is based and in case of violation of the obligation, the obligee can resort to the obligee for any of the compensation methods, unless a serious external factor occurs during the execution of the obligation, which in these conditions or during the life of the obligee is terminated or, contrary to the opinion of jurists, it is justified by good faith and fair behavior and the obligation is adjusted.

Losses and losses that occur from defamation of dignity, reputation or damage to the social or personal reputation of a person and lead to physical, mental and emotional injuries are known as spiritual damage. Compensation for the moral damages of the victims of obvious violations of human rights is one of the well-known fundamental moral principles of human rights. In this research, the aim is to investigate the moral dimensions of moral damage in the victims of human rights violations and the methods of compensation in international documents.

Since the methods of compensation for moral damage in international documents are more diverse compared to domestic laws, studying these documents will facilitate the identification of commonalities, differences and points of silence in domestic laws. These studies will help to interpret, modify, adjust the differences and fill legal gaps regarding non-material methods of compensation. In order for the victims to make their voice heard by the compensation trustees, there are various mechanisms available. In fact, all the documents and organizational structures of the United Nations, including binding and non-binding documents, as well as its specialized committees, are on the right to compensation for the victims of violations. Human rights have been emphasized and only the type and amount of compensation has been proposed depending on the nature of the damages and the needs of the victims.

War is a topic that has always been considered by moral scholars. One of the ethical issues in this field is the use of weapons in the war against civilians, which can be considered as one of the horrible phenomena of modern wars, which, leaving many victims, its effects for years after the end of hostilities. It affects its victims and their families. This led to it being banned not only from a humanitarian law perspective, but also from the perspective of international criminal law as an example of a war crime. Therefore, the present study examines the rights of civilian casualties in war from the perspective of Islamic ethics and international documents.

From the perspective of the basic Islamic thought, supporting the civilian casualties in war, whether in the form of legal and judicial support or in addition to material and spiritual support, is one of the most basic moral duties and religious duties. Is. Therefore, according to various articles of the Islamic Penal Code, not only is it possible to prosecute officials who use weapons against the people, but also foreign perpetrators of weapons with these weapons can be prosecuted. Under international law and the Geneva Convention, in particular Article 3 thereof, compensation for war casualties is mandatory for civilian casualties and governments have a moral and legal responsibility in this regard.