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

This study undertakes a jurisprudential examination of oaths pertinent to judicial proceedings. Presenting evidence to the court to substantiate or defend a claim carries profound implications, emphasizing the imperative of comprehending and acknowledging these ramifications to effectively deploy "evidence" and succeed in the litigation process. Among the evidence types, the oath of denial of knowledge warrants deeper investigation and scrutiny due to the legislative silence and divergent juristic opinions surrounding it. The oath of denial of knowledge, constituting a distinct category of oath, can exert unique influences on the dispute, encompassing the dispute concerning knowledge and the primary lawsuit. Refusal to undertake such an oath may precipitate significant consequences, including the claimant's rejection or unsuccessful validation of the oath. Moreover, while acknowledging specific analogous effects between the oath of denial of knowledge and other oath types, exemptions from undertaking a specific oath and the incapacity to substantiate the principal claim solely through the oath represent particular impacts of the oath of denial of knowledge.

The activity and services of human beings depend on the health of their body and soul. Since human beings have always suffered from physical and mental sufferings in their lives, so practicing medicine is considered a necessity of human life. Given the importance and effectiveness of this issue, it is necessary to clearly and clearly define the scope of duties and scope and scope of legal authority of physicians to face the baseless claims of patients or their relatives and ultimately avoid convictions. Justice and the imposition of potential responsibilities that may discourage them are safe and secure, and on the other hand, people who go to the doctor as a patient, possibly due to lack of skill or expertise of the doctor or due to carelessness. And his negligence or in some cases, due to the doctor's intentional death or disability, etc., their rights will not be lost and with the transparency of the aspects of the issue and the responsible institutions, they will refer to them to realize their rights. The physician undertakes not to spare any effort for the recovery and health of the patient, and achieving the result and healing of the patient is beyond the physician's obligations, because this is beyond the physician's authority. Due to the importance of this issue,

Mu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but most jurists believe that such a marriage contract (Aqd) is not valid, which was stated by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and the sirah (lifestyle) of Muslims, the view of most jurists is more valid. From the point of view of Imam Khomeini, the requirement of the principle of Mu’atat in every marriage and Iqaa (Those pronouncements which do not require participation of two parties) is that its composition should be turned into the deed. Because the deed, like the word, is a means of valid creation and iqaa. As a result, in this article, the jurisprudential explanation of marriage without a verbal contract (mu’atati) was dealt with from the point of view of Imam Khomeini. For this purpose, the validity of mu’atati marriage has been analyzed by descriptive analytical method and in line with the investigation of this issue, taking into account the views of Imam Khomeini and other jurists.

Right of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law as wide as it has been in jurisprudence and Iran’s law. The right of lien is one of the important means of guarantee for the execution of contractual obligations. By contract conclusion, both parties are bound to execute whatever they have accepted through the contract, however, despite this bind, there is a probability that both or either parties refuse to execute their contractual obligations and bring about detriments to the other party. In Iran’s and Canada’s law, it is quite understandable that the guarantee for the execution of contractual obligations should have different types which have never been directly discussed upon either in the law of Canada as a country or in the law of Iran or jurisprudence.

The issue of financial seizure of Private limited companies is one of the important issues that in this article will be addressed.

Thise article is Analytical descriptive and the library method uses.

Ethical considerations: 

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The competence and authority of the managers of Private limited companies, in accordance with the law and the articles of association of the company ,are determined. The authorization of directors to factors such as the subject matter and articles of association of the company, the authorization of general assemblies and commercial laws and regulations are limited. What is assigned to the directors is a trust and the directors are obliged to use this position only for the benefit of the shareholders in such a way that the interests of the company are provided in the best possible way. The limitation of directors in matters falling within the special competence of general assemblies, the invalidity of the legal actions of directors outside the subject of the company, the prohibition of obtaining facilities from the company and the prohibition of their competitive transactions with the company in order to prevent financial seizures of the company.

Illegal seizure of company property by the directors of Private limited companies is a violation of the limits of authority and duties and, as the case may be, has civil and criminal liability such as betrayal of trust.

Intellectual property rights infringement is wrong that has both civil and criminal aspects. In civil aspect it is followed by compensation and in criminal terms, it causes the imposition of punishment on the violator of the right. In the Iranian legal system, no clear nature is taken into account for this infringement and basically, studies as to it have not considered any significance for explaining the nature of the infringement. Whereas, investigating and explaining the nature of the infringement has important implications. Intellectual property rights infringement may be considered as loss the consequence of which is imposing an obligation to prove the damage caused for compensation. In the case of infringement of intellectual right, its proof is sometimes impossible and as a result the intellectual property right holder is deprived of compensation. Invoking the jurisprudential and legal rules of causation and unjust enrichment in these cases, for the same reason, not only does not provide a basis for the right to compensation, but also doubles the difficulty for the holder of the right to impose a guilty plea in the case of invoking the causation. Intellectual property infringement in Iran appears to be a "mere harmful act" and, therefore, infringement will not necessarily lead to compensation. This contradicts the motivational role of the intellectual property system. While, in the US legal system, by foreseeing the minimum assumed legal damages, ownability and the motivational role of these rights are confirmed in practice.

Children have an important role in organizing and directing the community and defining its  goals, and a positive intuition to them depends on their full enjoyment of their childhood rights. Therefore, it is essential .for the community to have familiarity with the judicial and legal rights of the child and act based on these rights This study, in problem-solving style, with a descriptive-analytical approach and library research method, states that: there are some widely discussed and debated issues in Islamic jurisprudence and law that regards the criminal protection for children's spiritual rights. Matters like abusing children for beggary, drug issues, sexual abuse including adultery, sodomy, marriage, defamation, and issues related to crimes against the child's identity, including kidnapping and abandoning the child. Although in case of some new matters such as the refusal to declare the birth of a child, children trafficking, the forced labor of the child, there are not judicial logical debates but in judicial system of Iran, a practical guarantee has been applied

The age of the growth and criminal responsibility of children and adolescents is one of the important and challenging issues in Iran and other countries' criminal law, which has been criticized and protest by lawyers and is a matter of dispute between Islamic jurisprudents. This age, often referred to as puberty, varies from country to country. In Iranian penal codes, this age is influenced by Imamieh jurisprudence; according to most Shiite jurisprudents, this age is for girls nine and for lonely fifteen years, but in Article 91 Alongside growth, the courage of intellectuals under the age of 18 has been voiced in civilian civic debate among adolescents, which has marked a dramatic development in juvenile criminal responsibility, which in terms of recognition of the growth and perfection of criminals under the age of 18 years of jurisprudence has it. Therefore, the present research first explains the concept of growth and its similar concepts, namely, perfection and distinction, and it is proved that in the legal and juridical terms, growth is not exclusively devoted to a specific civil concept and can be generalized to non-financial issues, including criminal matters Also because criminal matters are far more important than finance, and the condition is first and foremost, or at least the unity of the criterion and place of spatial planning, in terms of criminal responsibility. For this claim, the precedence of precedence in the growth problem is cited and then explained to the term "perfection", and by comparative study of the subject of age, development, perfection and criminal responsibility from the point of view of jurisprudence, rights and critique of existing laws, suggestions The age of criminal responsibility for children is proportionate to their rational development and their differentiation, and it is therefore necessary to review the age of criminal responsibility of adolescents and adopt a single procedure.

The proofs presented to the court of justice for proving or defending a legal case, if proved effective, have certain impacts that the necessity of knowing them in order to timely use the “proof” in legal procedure and success in it cannot be ignored. Among these proofs is the oath of knowledge denial, which due to the silence of the legislator and the jurists’ diversity of views, studying its outcomes requires further in-depth consideration to achieve the above-mentioned propositions. The oath of knowledge denial is in fact a decisive (battī) oath that can comprise of specific effects on the claim of knowledge and the main claim. Similarly, in case of refusal, it can have considerable effect on the claim in terms of rejecting the oath and swearing rejected oath by the claimant. Also, by accepting the existence of some similar effects between the oath of knowledge denial and other types of oath, the exemption from swearing a decisive oath and the non-provability of the main claim by swearing is considered to be among the specific effects of the oath of knowledge denial.

Three elements are needed to form civil responsibility: harm or injury, injured party, and connection between defendant and injury. The injury element is talked about in law and jurisprudence as “harm”. Present paper comparatively studies harm and its basis in environmental damages. The essential point is, damages occur when loss or waste of another’s property happens, therefore proving liability depends on proving that natural resources are considered property so that damaging them would constitute harm. Therefore discussing whether natural resources are property and consequently discussing their ownership is the first stage of discussion about liability regarding environmental damages. Accordingly, it is necessary to explore different kinds of harms, and then using general reasons and legal and jurisprudential information in national and international law, the question of natural resources being property could be debated. Among reasons to be cited are fatwas by Islamic jurisprudents in some Islamic rules which could prove natural resources to be property and then prove their ownership for public, using them, damaging these resources could result in liability.

According to English Common Law rules, in order to be legally enforceable, a contract must be supported by consideration or be in deed. The rigidity of this doctrine caused the courts to seek to find other criteria for enforceability of promises. The most important of these in England is the Doctrine of Promissory estoppel. Under this doctrine, a promise intended to be binding, intended to be acted upon, and in fact, acted on, is binding so far as its terms properly apply. This article seeks to study the doctrine and compare it with similar institutions in Islamic jurisprudence and in Iranian law.

While there are similarities between delegation and conferment of agency, they are different from each other. Delegation is basically a subdivision of the principal agency and it may be influenced by death or incapacity of the first agent and in some cases honorarium of the second agent may be incumbent upon the first agent, but given that in conferment of agency there is a document indicating so, the conferment of agency takes place on the basis of a contract as a result of which there will be a transfer of contractual positions, replacement of the first agent by the second agent and finally transfer of rights and obligations of the first agent to the second agent. Also, pursuance of agents and irrevocable delegation are different in them. In this article, we try to offer a comparative analysis between the Islamic law, Iranian law and English law.