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

Expediency is a component that is widely used in different aspects of human life, so there is no doubt about its importance, but its place in different areas of life should be clearly explained. In this research, the information obtained from library sources is discussed with descriptive-analytical method to the place of expediency. Each of the fields of deriving Sharia rulings, enactment of laws and implementation have different characteristics from each other, which leads to an independent examination of the expediency position in each of them. Expediency in the field of inference is as a criterion for falsifying divine decrees in such a way that each division of Sharia rulings has some kind of connection with expediency as a criterion for falsifying rulings. In the field of legislation, laws that have a jurisprudential value in Sharia rulings, expediency in the same sense will be the criterion of falsification, but in laws without a jurisprudential value, as the subject of provincial rulings and the discretion of the Islamic ruler in enacting the laws, it is required in accordance with the requirements of time and place. The position of expediency in the field of implementation is also in two approaches: a) implementation of expediency as a "requirement belonging to a Shariah ruling or law" and b) expediency of implementation consists of changing the conditions in such a way that the implementation of the original rulings and laws is not possible and the rulings and laws conflict with each other.

Article 90 of the Constitution has established the appeal of the people to their representatives, according to which, anyone who has a complaint about the performance of the parliament, the executive or the judiciary, can present it to the Islamic Council. Based on this principle, the 90th principle commission was created, which is obliged to deal with the complaints about the functioning of the three powers. However, the vagueness and generality of the word "methodology" in the aforementioned principle does not give certain limits to the limits of the complaint subject of this principle, due to the necessity or lack of necessity of generality and becoming a method of the complained procedure, as well as the generality or lack of generality of the defendant and the plaintiff. Therefore, the current research has been descriptive and analytical in order to explain the term working method and the limits and loopholes of the complaint subject to Article 90. According to the findings of this research, based on legal and legal evidence, any matter that in some way indicates a continuous method in the three powers, can be complained to in the principle 90 commission, and in this regard there is no difference between general and non-general matters, as well as the defendant and The petitioner does not have an exclusive complaint in the public office, and it will be possible to complain to the responsible person in one of the authorities as long as he returns to the methodical affairs. In general, it can be said that by relying on the meaning of the word "performance", at the same time as confirming the methodical nature of the complaint, the commission of Article 90 of the Constitution is competent to pursue the complaint, and any matter that does not have this description will be outside the scope of the mentioned principle.

Some projects are ultimately being built very differently from what the builders originally intended. Design that leads to variations in the quantities, capacities of the equipment used, changes in the priority of the works, changes in the way of access to the work front, etc., are some factors that lead to changes in the quantities and the quality of the project scope of works. The financial and time effects of these changes are in some cases significant, which causes serious controversies between the parties. It is necessary to manage these changes based on the contract documents and the preparation of the necessary documents by each party is of great importance, so that inaccuracy and non-observance of these items may lead to losses to one party of the contract. Prerequisites for publishing tender documents and determining the necessary criteria- whether they are prescriptive or performance-based - by the bidder and reviewing the relevant documents are among the issues that will have significant effects on change management. evaluating the financial and time effects of changes in the absence of a clear contractual mechanism is another problem that must be resolved in accordance with the usual procedures and rules and regulations governing the contract.

The Parliament is an example of a society in which the determinants of its size have been less studied. The present article hypothesizes that determining the number of seats in a legislature is a balance between efficiency and representation. One of the important components to achieve the desired efficiency is to have enough people with the necessary expertise to perform the tasks. In case of shortage of personnel and consequently, lack of necessary specializations, the group will certainly not achieve the desired efficiency. Also, the larger the group, the greater the proportion of votes to the number of seats, parties, and representatives of the smaller groups. Based on this, the current research tries to investigate with a scientific-analytical approach through the demographic statistics of the parliaments of different countries, what is the relationship between the number of parliamentarians and the efficiency and representation of that parliament? Also, with a secondary question, after comparing the conditions of the Islamic Council of Iran with other countries in this category, it is tried to check whether the requirement of the two important duties of legislation and supervision (based on principles 71 and 76 of the constitution) with this Hasn't the number of representatives caused excessive use of Article 85 of the Constitution? According to the results, Iran's parliament ranks 236 among the 239 parliaments in the world in terms of the number of representatives. This issue can have a great impact on the efficiency of the parliament and also on the matter of representation.

When the consumer buys a new car but encounters a defect in it, he will have the right to refer to the manufacturer. According to the law for the protection of car consumers' rights, approved in 2007, the guarantee for the implementation of a car defect will be: the right to repair and then the right to exchange or refund the price. But in the civil law, in relation to the general seller, only the right of exchange and then the right of termination is mentioned. The Consumer Protection Law divides defects into three categories: manufacturing defects, design defects, and warning defects. Does this performance guarantee apply to all three categories of vehicle defects, including design defects, production defects and warning defects? Can the buyer seek a performance guarantee without requesting a repair? Replacement warranty does not apply to vehicle design defects and repair warranty does not apply to design defects in some cases. The buyer is obliged to request a repair first, and if the repair is not successful or it is not possible, he will go to the guarantee of other performances. The guarantee of price rejection, due to market fluctuations, alone, cannot compensate the losses incurred by the buyer. It is not possible to request repairs or terminate them under civil law. Contrary to the research that has been done so far and has discussed the performance guarantee in general and in all goods, in this article, in a more specialized and detailed way, the performance guarantee only in the car will be examined. Also, one of the novelty points of this research is the simultaneous review of the guarantees of the performances in the civil law and the law of protection of car consumers' rights.

This article attempts to explain the reasons for the general theory of indemnity (arsh) in Imamiyyah jurisprudence and following that in Iranian law and to prove the reasons based on an economic analysis. In this case, the results obtained from the analysis will turn the general theory of indemnity into an efficient guarantee against violating party of the contractual commitments and proper and fair answer may be given to the breaching of the contract by Imamiyyah jurisprudence based on traditional - revised - systems. In addition to explaining the reasons for classical and modern theories of economic law with an emphasis on the question as to whether the execution of the same commitment is preferred or its indemnity, the article makes a comparative study of the subject matter in common law specifically American common law. The results obtained from of the research show that the general theory of indemnity can be completely proved based on the classical and modern economic theories. In fact, it can be said that the general theory of indemnity can be a combination of the Hick’s ethical theory of performance - mainly on the basis of Kaldor's performance theory - and the priority of compensating over performing of the same commitment and the theory of objectivity that aims to remove ethics in the area of contract.

Empowerment is the most important challenges of managers in this era, because organizations are exposed to the rapid and unpredictable changes. Since human resources are the most important factor in organizations, so, equipping and prepararing organizational resources to deal with the changes, is particulary important. The aim of the study in terms of objective is applicational and in terms of nature and method is descriptive. This research is to investigate the effect of empowerment on staff’s performance in enghelab eslami court organozation. Staff empowerment using six independant factors contain training, individual factors, competency, management, culture and environment as well as seven dependant criteria include validity, ability, feedback, environment, support, motivation and role clarity were evaluated. In order to investigate the effect of empowerment on performance, a questionnaire with six criteria and 39 questions was designed. The reliability of the questionnaire using Cronbach's alpha coefficients calculated as .79 and 196 quesionnaires were distributed between Statistic population of the research. The simple and multiple Regression tests were used to assess the correlation between the criteria. The final results of the study show that there is a significant relationship between empowerment and performance and competency as an independent variable ranked first as the greatest impact on performance, individual factors and management in terms of effect on performance ranked second and third repectively. The results associated with the criteria are as follows: personal factors with highly desirable status in stood at the first place, then the second place is on education criterian with a good level, management is in the third place with an desire level, the competency is in fourth place with a good level, culture is in the fifth place with a good level and finally environmental factor is the the last position and it is undesirable.

In Iran's law, it undertakes to refrain from implementing the same obligation (even if it wishes to terminate) firstly, it must request the obligation of the obligated party, and it is only compulsory that it can terminate the contract. While the new legal framework for private law, such as the European Principles on the Law of the Treaties and the Principles of the International Commercial Code, and the Common Frame of Reference, have placed the obligation between the obligation to specific performance and the right to terminate and obtain damages. Contrary to Iranian law, in these documents, the obligation is committed to the specific performance with many exceptions, which is most affected by the theory of respect for personal freedoms. This suggests that with regard to economic developments, the other provisions of the principle of the necessity of contracts are not the fulfillment of the same performance in any circumstances, but the performance of the reasonable and standard expectations of the contract is considered to be the performance of the covenant. On the other hand, while in Iran's law, fines and oversights are owed as tools for putting pressure on him and preventing his misuse, the documents referred to Gibbs to performance is an act contrary to human freedom and has not accepted.

In spite of the fact that hypothecation of interest Iran's present legal system is invalid, many of the lawyers and jurists views its correctness as probable but in the decisions of this group of jurists and lawyers, there is no clear explanation about the details and orders and formalities of this legal action. This subject was expounded in the former paper. This is while the common law of the contemporary era, ignoring the meticulousness of legislators, is moving towards securing and ensuring the bargains and claims by interests of properties. This practical tendency will undoubtedly require systematic and codified regulations in this regard so that undue diversity in procedures can be prevented. Considering it, this study is an attempt to propose some regulations concerning mortgage of profit of properties.
In the previous article, the mortgage of profit in the stage of "conclusion" was investigated. Here, we will embark upon the solemn formalities and orders of the enforcement phase by extracting some already ratified rituals related to the enforcement of mortgage of properties themselves and other similar regulations

When someone accepts an obligation and bears its responsibility, it’s expected that the other party would also fulfill his/her obligations. When one of the parties refuses to perform the contract on their own volition, the prevailing theory in Iran’s law is that the judge, by the promisee’s request, will force the refusing party to deliver goods or perform the contract’s obligations in proportion to the issue. If the compulsion on the contractual party was not effective, the beneficiary of the contract could perform the contract’s subject at the promisor’s expense in the contracts, which do not rely upon people’s personalities, and if all these tricks did not work, it would be the turn to rescind the contract. However, in most legal systems of the world the right to force the promisor by the promisee and the right to rescind the contract are beside each other. In Shiite jurisprudence, there are firm and cogent views that prove the right to rescind the contract along with the right to force the promisor to perform the contract for the promisee in the case of the promisor’s refusal to perform the contract. There is no stipulation of rules regarding this issue in Iran’s Civil Code. In fact, there is no general rule in this respect, but this matter has been mentioned in the conditions chapter and some legal articles. Most Iranian lawyers are inclined to the Linear Theory (first compulsion then rescission) in the course of performing a contract, but the Transverse Theory is also provable based on the generalities of the Civil Code.

The jurisprudential review of the quality of the Listening (as the voice of the woman), the manner in which the female performers perform in the media in live and non-performing performances, are always in the perceptions of jurisprudence regarding lack of permission and are important issues of the Islamic Republic of Iran's audio and television policy. News on individual jurisprudence, government rulings and jurisprudential rules such as disturbing the system, dispositions and harassment, and help to sin, indicate that a jurisprudential version including the general principles and verbal foundations of jurisprudence can be found that the jurisprudential system of women's presence in the media. This model, first, in the individual domain, expresses the legal requirements and requirements of the female performer, and then adjusts the position of the jurisprudential model and its relation to other media topics in the area of ​​management.