جستجوی مقالات مرتبط با کلیدواژه « ضرر » در نشریات گروه « فقه و حقوق »

One of the problems of the modern economy is negative inflation, which, according to economists, is sometimes more dangerous than positive inflation due to the fact that it can lead to the economic stagnation of the society. In negative inflation, the value of money increases, and at the same time, the value of goods decreases due to reasons such as increased production and lack of strict monitoring of this issue.This article has analyzed the jurisprudential foundations related to these strategies by analyzing the opinions of contemporary jurists while providing solutions to compensate for the losses caused by negative inflation, including the government's responsibility in compensating for losses and also insurance for damages to productions and products.The result of examining the opinions of the jurists in this field is that according to the various causes that can be listed in the case of negative inflation, only in cases where the negative inflation is caused by positive or negative attribution or this issue is caused by the negligence of the government. It can be proven by referring to the rule of etlaf and tasbib and al-kharj'o'bezaman.Also, the legitimacy of damage insurance caused by negative inflation has been proven based on the applications and generalities of faithfulness to the covenant and trade, as well as the foundation of reason and the absence of legal restrictions in this regard.

The legitimacy of Khul' divorce for the wife is an issue that has a precedent in Islamic jurisprudence and has been accepted in some Muslim jurisdictions based on some circumstances. Accepting this right in Iran law can prevent abuse of the right to divorce and the suspension of marriage. In this research, based on a library effort the possibility and requirements of such a divorce has been examined from a comparative point of view. The findings of the research indicate that the wife's strong hatred form her husband is the base of conferring a thing to him and disobeying from him due to the mental and emotional pressures that applied over her. In this assumption, obligating wife to this marriage despite her inner desire is considered a harm to her. In this regard, we cannot confer the right of divorce to husband as a special right for man so that even in cases which the wife is afraid of falling into sin, which that, leds her to a wandering situation. In such a situation, the law of many Islamic jurisdictions gives the wife a right to divorce without the husband's consent.the law of many Islamic jurisdictions gives the wife a right to divorce without the husband's consent.

With the passage of classical approaches and its achievements, criminal law was gradually influenced by the theory of subjectivism, and the subjective criteria used in obstruction crimes, while negating the principle of harm, considered the mental relationship of the criminal with the criminal and his criminal intent. It is as if criminal law, in an early judgement, has started to criminalize mental crime, the manifestation of this mentalism is the special attention to the psychological element of the crime. These rights are more concerned with fault than harm, because the survival of a society is always dependent on security. And it is the mental and psychological peace of the citizens, and guaranteeing a safe space, life is the need of every healthy society; The direction of the current research is to formulate a comprehensive criminal policy regarding unintentional behaviors and ultimately to protect the health and safety of the people in the society and prevent behaviors that are a threat to the aforementioned cases from going unanswered.

The present research is written in a descriptive, analytical and documentary method, using written works, including articles and books related to the subject.

Modern criminal law is largely subjective rather than objective; That is, instead of using the objective criterion, the subjective rule is used; the objective criterion means paying attention to the harm in criminalization; based on this principle, only behaviors are criminalized that result in an objective and concrete harmful result; the tendency towards The basis of the principle of harm is the legacy of classical criminology, which tried to measure behaviors according to their effects, but, according to this, the psychological element is between a maximum, that is, criminal intent and a minimum, that is, recklessness. In fact, the Penal Code over the years, according to social developments, gave a classification between types of faults

French criminal law has a wide concept and scope of fault and its types and the preventive concern of protecting the safety of possible victims in accidents against physical integrity, an idea that can be useful for our legislator.

Deputy commercial authority is one of the important topics in Iran's commercial law, which has not been discussed much. In this article, an attempt has been made to examine the responsibilities and obligations of the deputy commercial official in Iranian jurisprudence and law and French law.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings showed that in Iranian jurisprudence, a commercial representative can be explained in the form of a lawyer. Both in Iranian law and in French law, the deputy commercial official in performing his tasks and duties, such as not delegating or appointing someone as a deputy for all the work of the commercial house, not obtaining secret interests and not disclosing the affairs of the commercial house, respecting the expediency of the commercial house and not having conflicts of interest. With genuineness, he is committed and responsible.

There is no special system regarding the civil liability of a commercial representative in the laws of Iran and in French law, and the general rules of civil liability, which are mainly based on fault, govern the civil liability of a commercial representative.

One of the most important crimes is theft.This theft, depending on the case, may be done by one or more people.Obviously,one of the guarantees of the serious and main execution of the crime of theft is the restitution of the property by the thieves.In the assumption that several people commit theft, i.e. steal another's property together, the main question is, to what extent are these people responsible for returning the property?Is their responsibility joint and several or relative?In response to this question, there are many differences of opinion in the judicial procedure.The majority of courts, especially the Supreme Courts, have strongly opposed the joint liability of partners in theft.Of course, there are few judgments that do not agree with this, and this conflict of opinions provided the basis for issuing a unified judicial precedent.According to the unified judicial precedent No.799 dated 2020/10/06,the responsibility of the partners in theft is relative; this means that they are responsible for the amount of property they have stolen, and if it is not possible to determine the amount of property, their responsibility is equal.Despite this, the unified judicial precedent No. 799 can be criticized.In fact, it appears that the liability of partners in theft is joint and several.In other words, the thief is the usurper, and according to the rules of usurpation,the responsibility of usurpers is joint and several.Of course, the imposition of joint and several liability does not mean the final establishment of responsibility,rather, each thief is responsible for the amount of property she/he stole, and if it is not clear how much each thief stole, their responsibility is equal.However,the purpose of this article is to answer the aforementioned question in an analytical-descriptive manner and with a broad look at judicial opinions, jurists' opinions, doctrine and emphasizing on the mentioned unified judicial precedent.

The provision «´Alal-Mu’mini» has been used only in one of quotes of the no-harm narration. So far, no comprehensive and independent analysis has been conducted on the existence and absence of the «´Alal-Mu’mini» provision in this narration and its effect on inferring its jurisprudential issues. The present article intends to do this and the main question arises here as to what is the jurisprudential effect of the existence or absence of the «´Alal-Mu’mini» provision in the content of the no-harm narration? The answer of this main question and its related sub-questions requires examining the existence or absence of the «´Alal-Mu’mini» provision in this narration in order to determine the jurisprudential effect of the existence or absence of the «´Alal-Mu’mini» provision in relation to inferring its jurisprudential issues. The present study has examined the issue through analytical-documentary method and it has come to the conclusion that the existence and absence of the «´Alal-Mu’mini» provision in the content of this narration - contrary to prevailing perception - has no effect on the inference of its jurisprudential issues.

The nature of the Mudarabah contract requires acceptance of benefit and loss at the same time, which has always been the concern of law and economics. The difference of opinion in the application of the guarantee condition in this contract and the different understanding of jurisprudence and its application in the law have limited the space for the effectiveness of Mudarabah. It seems that this dispute can be resolved in the context of the modern legal system and with the presence of the school of positivism, which has an emerging role in the subject laws, along with the generality of Muslim jurisprudence. In fact, the result of the interaction of the two schools is the reason for the implicit establishment of sovereignty that positivism refers to in the heart of the laws. This research reveals that the meeting place and the creation of disagreement in the discussion of guarantee conditions in Mudarabah, in line with the rules of the school of positivism, can be resolved by maintaining the ideals of legal and jurisprudential justice and economic efficiency. Therefore, the application of the law in attaching a new contract to Mudarabah is not necessary, and it is possible to explain the investment with the condition that the investor does not guarantee the damage to the capital in the form of identifying a new contract.

Addiction of internet is new-fashioned issue that nowadays displays in human society to state of chronic temptation or rotation resulting of rapatitious uses of internet. By creat resistless desire for renewed use to bring up metod, social and personal issue. For prevention of this damage, will be key in this issue to explanation view of holy legislator.This article by descriptive-analytial method is seeking to gathering analysis shia jurists views and inference of sharia ruling addictive of internet of shia religious view. results it seems that several of current jurist dont know possess religious prohibition, permitted use of internet by itself. But els some jurist dont permitted in case of extravagance in use and reach of significant physical or mental injury or intellectual injury. By adduce of holy legislator, tradition and wisdom, since that this phenomenon lie under the titles similar injustice and injury to self and profusion, posses more certanity its illegitimacy sentence.

Expertise is one of the important evidences in civil procedure, which plays an important role in the realization of fair proceedings. But the official judicial expert may make a mistake and this will lead to damage to one of the parties. The purpose of this article is to investigate the effect of criminal offense on the civil liability of the official judicial expert in Iranian and British law. The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Both in Iranian law and in British law, the basis of the effect of a disciplinary offense on the civil liability of an official judicial expert is based on the theory of fault. Therefore, in the laws of the two countries, if a judicial official causes damage to one of the litigants by committing a violation caused by intent or negligence, he is responsible for the damage caused. In order to be able to demand damages from the official judicial expert, the violation or fault of the expert must be proven, and the criterion for the violation or fault of the expert is actually the violation of the behavior of a conventional professional person in that field. Therefore, in this category, proving this violation or fault is associated with problems.

The warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a type of damage and condemn the abandonment of the action to civil liability. The present research has organized its discussions with the descriptive-analytical method based on the hypothesis that if the omission of officials leads to the death of people, it will be covered by the guarantee of execution. The conclusion of this research is that, although there is no chapter in Iranian law about the omission of officials due to the passing of time, there are examples such as mudaraba, jaala, delay in crisis management and delay without legal and justified reasons in issuing business licenses, and so on. .. It implies the civil responsibility of the officials, leaving the verb. In addition, from a jurisprudential point of view, rules such as non-harmful, wasteful and vindictive, reprimanding the usurper, respecting inalienable property and justice, indicate this type of responsibility.

Raising children and related rulings is one of the important issues of jurisprudence, the dimensions of which can be extracted from religious evidence and sources. The verse 233 of Surah Al-Baqarah or "Ayah Muḍāra" is one of these proofs that has not been taken into consideration in the articles from the point of view of "educational jurisprudence". When it comes to this verse, there are some reflections. Who is harmed in this verse? Can it be cited when education is discussed from a jurisprudential viewpoint? Is harm specific to the harm of abandoning a child, or does the conceptual scope of this word include other positive actions and actions of parents as well? Are non-physical, spiritual and other-worldly losses included in the definition of "lā tuḍār" (do not inflict harm)? The results of the research showed that according to two possible meanings of the verse, which is strengthened by some factors, harm to the child is supposed, and thus this verse finds a special place in the Qur'anic arguments of educational jurisprudence. The concept of harm in the verse is general and it includes any forms of harm, physical, mental and spiritual of the child. According to the conventional meaning of harm and the example mentioned in the verse, this word is also true for the current desertion that leads to the harm of the child. The purpose of this research, which was carried out in an analytical way and which relied on Quranic sources and opinions of Imamiyya jurists, is to develop the conceptual realm of harm in this verse so that it can be used in the citations of the jurisprudence of education.

Since a century ago, following the anti-nature of many self-interested people who do nothing to destroy God's gifts, movements and efforts by groups and individuals who have more foresight They have started. One of the categories that does not need much reasoning is the limitation of natural and environmental resources, whose destruction can never be compensated. Based on this, in this article, firstly, different points of view on the necessity or non-necessity of compensation for environmental damages and the arguments of the parties have been proposed and examined, then based on Islamic law, the evidence of the necessity of compensation, which consists of the rule of The respect of property and the glorification of benefits have been examined briefly. In examining the necessity or non-necessity of compensating damages using selected theory, the nature and characteristics of environmental damages including long-lasting, gradual acquisition of some, irreparableness of others, and the contagiousness of damages are mentioned. has been Paying attention to rational and rational foundations is one of the evidences that confirm the compensability of environmental damages. The principle of paying attention to sustainable development and the polluter's responsibility and the rights of future generations are among the principles of environmental damage compensation that have been addressed.

  Civil responsibility has three elements: damage, harmful act or fault and causal relationship, taking into account that all three of these elements can be dependent on custom in any way. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

This paper is descriptive and analytical and library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness are observed.

The research findings indicate that By examining the general rules of civil responsibility conceptually, as well as the theories appropriate to Iran's legal system including the two theories of fault and risk, custom as a criterion of diagnosis and reference rule is proposed in the general rules of civil responsibility. Therefore, as a legal source based on the law, custom can complement and interpret the will of the legislator and cause its dynamism, because it is not possible to adapt all instances of error to the text of the law due to its wide range and diversity.                                                        

the customary nature of civil responsibility is acceptable as a legal principle. Therefore, the use of independent customs along with laws, reliable sources of jurisprudence, fatwas of jurists and legal principles in cases of silence and absence of law is effective as a factor in improving the process of compensation for damages and preventing confusion in the judicial system. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

Loss of profits is the benefit that could have been gained if the tortfeasor did not act. Imamiah Jurisprudents do not agree on the possibility of claiming loss of profits. Some jurisprudents have doubted the necessity of compensating it, referring to the fact that loss of profits is not damage or that it is not subject to the title of Usurpation. On the other hand, some other jurisprudents, relying on the reasonable concept of damage, the rule of La’Dharar, and the Conduct of the Wise, believe that loss of profits under certain conditions can be claimed. Similarly, there are disagreements in the legal literature about the possibility of claiming the loss of profits. In the latest legislating development, Article 14 of the Criminal Procedure Code and Note 2 of it have considered the possible benefits to be claimed, of course, on the condition that "leads to the direct damage (Itlāf)". It seems that the legislator has emphasized the necessity of verifying the reasonable certainty of loss of profits to issue a judgment on the responsibility of the tortfeasor. For this reason, the legislator has used the term "leads to the direct damage (Itlāf)" in drafting the mentioned note. Anyhow, the judicial proceedings regarding the possibility of claiming loss of profits are not the same. The following article, by studying two cases, tries to analyze the possibility of claiming loss of profits and the method of compensating it.

One of the problems of the tradition of "Lazarar and Lazerar" is to plan and examine the effect of the presence or absence of the phrase " in Islam"  in deducing its jurisprudential issues. In this regard, a comprehensive and independent research has not been done, and the present research is trying to do this and answer this main question and the related sub-questions by analytical reference and library method in such a way that the presence or absence of the phrase in Islam has a direct effect on the inference of the jurisprudential issues of this tradition..This article has sought the effect of the presence of the phrase "in Islam" in the narration of "La zarar and La zarar" in the establishing  nature of the verdict that is deduced from the tradition, as well as the negation of harm from the legal harmful relations  between people, as well as compliance with the Shari'a rulings. Such a ruling is unprecedented in human legal schools.

Non- profit damage is one of the complex and controversial issues in Iran's legal system that disputes arise from Note 2 of Article 515 of the Code of Civil Procedure 1379; The enactment of the Criminal Procedure Code of1392,which in Article 14 and Note 2,there are changes compared to the previous law,Not only has it not removed the ambiguity, but it has added to it.In order to remove the existing ambiguities,first of all, non-profit Must be analyzed in jurisprudence And with a new perspective on the concept of property,benefit and profit, we must examine the issue that the damage to non-profit(profit)is guaranteed?Is it a non-profit property that is wasted?Why in Note2to Article14, is the only loss of possible benefits guaranteed?This research examines these issues with a library tool and with a descriptive-analytical method.Using the available data, property can be divided into1-identical 2- benefit 3-potential benefit 4-imaginary benefit and assumed the properties that are in the property of individuals in four forms:1- existing,2- potentially existing; in the view of actual custom, 3- potentially existing; and in the view of extinct custom,4- extinct.Non-profit or the same profit in the sense of fictitious benefit of property is not assumed and therefore, can't be claimed. On the other hand, loss of potential benefit and benefit, in the case of existing potential benefit, in the case of extinct custom in terms of non-validity of property, Does not create a guarantee, and in the case of existing potential benefit (in the view of actual custom), in the sense that custom's property applies to the guarantee. Note2:Article 14 of the Code of Criminal Procedure seeks to express the possibility of losing the existing potential benefit and in the view of actual custom, and mentioning the loss as a means of guarantee is included in the prevailing case.

The difference in nature of the cyberplace (virtual space) with the real world requires the change of concepts and elements of some legal topics and issues as well as the related terms of the field. Among such issues and topics is the field of civil liability. The actualization and imposition of civil liability is contingent upon existence of three pillars namely imposition of damage, existence of harmful act and existence of causal relationship. Each of the mentioned three pillars carry specific meaning and have specific characteristics in the real world. The purpose of this article is to investigate the necessity of existence and identification of these three pillars in the cyberspace and then try to explain the characteristics and boundary constraints as well as the ways of identification and determination of the same. The result is that the loss in the cyberspace has a narrower definition compared to that of the real world and the ability to predict the type and amount of loss is not a condition for realizing the liability the individual inflicting the loss. Harmful actions in this respect can be realized in the form of the four sources of the civil liability mentioned under Article 307 of the Civil Code. Furthermore, the Causality Relationship in cyberspace will lose its dependance to custom or tradition and the Causality Relationship and its realization and determination will depend on the technical characteristics of the field. In this regard, analysis and focus on the cause of the loss rather than the harmful act will be a better way for proving the causality.

One of the purposes of law is to adapt to the emergence of new issues. In this paper, the impact of rights from the coronary heart disease is examined. In a situation where the damage caused by the corona is not the fault of a particular person and apparently no one can be held responsible, it is important to find a way to compensate.  It is possible that the pillars of civil liability and the Iranian civil liability laws based on fault and the three pillars of that particular person are not responsible for compensating for the damages caused by this disease. In order to compensate the loss by the government for the benefit of the citizens, in the present article, in a library method, in Iranian law, including the subject laws, theories are accepted and a brief look at jurisprudence, the civil liability of the government against Corona is examined. First to report the prevalence and origin of coronary heart disease, then to the concept of government and then to the analysis of civil liability in Iranian law and new theories of civil liability in which fault has been eliminated or assumed, such as risk theory, theory of equality of citizens in tolerance, theory Guarantee of right, the theory of the insurer state, the theory of the welfare state has been studied, which has been selected by analyzing the pillars of civil liability in Iran, a combination of several theories to force the government to compensate.