جستجوی مقالات مرتبط با کلیدواژه "سقوط تعهدات" در نشریات گروه "فقه و حقوق"

With the introduction of cryptocurrency into the world of economy, smart contracts were formed based on it and are now partially popular. Experts in this field believe that in case of widespread use of this type of contracts, the possibility of formal transactions will disappear. Despite conducting numerous researches on smart transactions, the discussion of virtual transactions has not been investigated in this field, and this research, using an analytical-descriptive method, is for the first time trying to investigate the responsibility of the Islamic government in this regard. It seems that due to the negative effects of formal transactions in the society, if a special mechanism can eliminate these transactions, the Islamic government is responsible for making them mandatory. According to jurisprudential interpretations, providing social and economic security is the government's duty, which is an example of the mandatory smart contract with the aim of eliminating formal transactions. From a legal point of view, the executive and judicial authorities can send a bill to the Islamic Council regarding the mandatory use of smart contracts in order to provide legal protection and also to prevent the occurrence of crimes. Monopoly in the smart type of contracts is contrary to Islamic Sharia and its partial acceptance is possible like electronic transactions. If the related law is not approved, the executive bodies in charge of certain affairs can use their authority to make these contracts mandatory. The final result is that with the relatively mandatory smart contract and the popularization of cryptocurrency, it is possible to eliminate formal transactions and this action is considered to improve economic security.

Offset is one of the ways to fulfill the obligation and consequently the fall of the obligation. In this article, an attempt has been made to introduce the position of offset as one of the methods of falling commitment in the set of principles of international commercial contracts of the Institute for the Equalization of Private Law in Rome and its concept, conditions and effects are explained by a comparative study of Iranian law and Imami jurisprudence.

This is a descriptive-analytical article using the library method to investigate the question.
Ethical Considerations In this research, with the originality of the texts, honesty and trustworthiness have been observed.

The results of the research indicate that in order to achieve purity in the principles of international trade agreements, it is necessary to observe formalities such as sending a notice. But in domestic law and jurisprudence, offset is achieved as a legal event without the need for formalities, as soon as the conditions are met.

In general, the rules of offset in the principles of international trade agreements are better coherence and strength.

Legal norms are a tool for regulating relations between legal subjects, so the more complex the relationship between legal subjects, the more complex the legal norms will be. On the other hand, one of the main concerns in the legal field is the logical order of the norms. That is why the existence of disorder in the set of legal norms has always been criticized by lawyers. The cause of termination of obligations is one of those legal concepts that has been widely criticized by lawyers and legal writers for its design and discipline under Article 264 of the Civil Code. In the present study, which has been written in a descriptive and analytical way, it will be seen that in the light of the legal formalism approach and fuzzy logic governing the relations between legal subjects and through the first legal norms, the cause of extinguishing obligations and Article 264 of the Civil Code as a whole, which have a logical order, have been designed and enacted.

Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension in cancellation of commitment" in French law. In one respect, the source of Iranian civil law in commitments section has been Imāmī jurisprudence and French civil law, but this legal institution is missing here. Thereby, the question arises as to whether suspension in cancellation of commitment is included in the above-mentioned consensus and is not compatible to the Iranian law, hence not being explicitly accepted; or, for complementing the law, such legal institutions can be considered as out of consensus with regard to some jurisprudential establishments and accepted in Iranian law, too. Using the comparative study, this article is addressing suspension in cancellation of contract and its effects.

According to article 264 of Iran’ Civil code, ownership of debts happens through the extinction of obligations. The present article deals first with the concept and nature of the ownership of debts, then with its origin and conditions, and finally with its effects in the four legal systems of Iran, France, Egypt, and Shiite jurisprudence. Adopting a comparative approach, the article raises the strong points as well as the weak points of each system concluding that the Iranian legislator is in need of rectification and expurgation of regulations concerning the ownership of debts.