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

New financial instruments and institutions cause the development of the stock market and securities and consequently cause the growth and prosperity of the economic system. However, all modern financial instruments and institutions in the world and their implementation framework are not compatible with the provisions of Islamic Sharia and Iranian law, and therefore they are not able to be implemented in the country's markets.One of these new institutions is stock borrowing, in which the stock owner lends his share to the borrowing seller and the seller sells the shares at the daily market price; Whenever the owner of the shares calls for the return of the shares or the borrowed seller wants to return the borrowed shares, the process of selling borrowed shares ends.The advantage of this method is that in the usual method of buying and selling stocks, the investor gains by increasing the stock price, but in this transaction, the investor (borrowing seller) gains by decreasing the stock price.The most important challenges that are raised in relation to the sale of loans are the greediness, the usury, the suspension of the transactions, the connection of this type of transactions with gambling, which after analysis and investigation, it seems that this newly established institution in the country is compatible with jurisprudential institutions.

Three golden sides of the Characteristics of Lawyer profession triangle as follows: independence, lack of speculation, and the rule of personal considerations. Lawyer independence requires a special relationship between lawyer and client.Moreover, the main purpose of a lawyer, unlike a businessman,is not to seek a profit. Eventually the personal relationship is the essence and reason of the existence of many characteristics of the profession.The special relationship with the client is the reason of the independence of the lawyer and also the reason why the Services cannot be evaluated.To legalize the collaborative exercise of law in the form of law firms with the benefits of comparative law and with considering all three sides of this triangle,it is suggested: to guarantee independence, industry inputs should have a special place, the doors of the institution should be closed to external capital and the partners should be personally responsible for the damaging consequences of their activities.To reject speculation, the principle of equal distribution of interests should be different between the bringers.To focus on personal considerations, the institute should consist of at least two partners and consider the maximum number of partners.New partner entry to the institute with the consent of all partners should be possible. In return for the harmful act of the Partner the joint liability of the company and then unlimited liability of partners towards corporate debt shall be established. Removing the effect of void of a company contract and reducing the dissolution of the company should get on the agenda.

The pursuit suspension entity as one of the strategies that is in line with the guidelines of criminal abolition, was finally established in the Criminal Procedure Code of 1392 after several decades of uncertainty. This entity is a main manifestation of pursuit actualization that recognizes the right of the criminal case suspension by suspension authority. Although pursuit suspension differs from “criminal compromise” in France Law System in terms of realm, method and enforcement, they resemble each other in terms of efficiency in results. The aim of the present study is the assessment and critical analysis of “Pursuit Suspension” in light of comparative study of its French counterpart that is “criminal compromise”. Despite the legalization of the pursuit suspension strategy in Iranian law, the judiciary has not yet shown convergence and acceptance. Among the reasons for this, in addition to the lack of the necessary cultural-judicial background, are the numerous flaws and challenges facing this entity. In the first part of the article, the principles and reasons for accepting this strategy and the changes in role and position of the court in criminal pursuit are analyzed. In the second part, the principal and legal challenges of pursuit suspension, including inconsistency with the principle of exemption, the principle of separation of the pursuit authority from the prosecuting authority and the rule prohibiting retrial, as well as its executive objections in terms of territory, in-text and extra-textual conflicts, ambiguity in how to apply, etc. have been analyzed and the required strategies have been proposed to eliminate the existing flaws.

Attorneyship is a permissible and lawful contract. In this contract, the client or the lawyer may terminate the contract at any time. Achieving a stable and unshakable contract is possible in the light of irrevocable attorneyship. But even in power of attorney, the client can do something that can lead to the termination of the contract. For example, a client may sell a product that has an irrevocable sale attorneyship and the contract will then is terminated. To prevent this action by the client, the condition of “not-performing an act against the case of attorneyship by the client" applies. The present article aims to investigate the validity of this condition and discusses the condition by using a descriptive- analytical method. The findings of the study indicate that the condition of the expiry of the right was considered by jurisprudents to be like a ruling and deprivation of this right is not permissible. However, if the condition is construed to constitute a commitment not to perform an act against the case of attorneyship, it would be flawed and will have the same result.

The agency contract is one of the specific contracts which has basic role in society and people’s relationships. Advocacy as a proof of contract of attorney ship is so important from the respect of proving the right of offended person. A large number of rules and technical arbitration on the one hand and lack of familiarity of all the people in the community with these affairs on the other hand, causes the need to have attorney in the society. Naturally the attorney is not only responsible for his client, but also he has responsibility towards the community and his guild system, this issue is worth considering from civil, criminal, and security aspects. Although the issue that will be analyzed in this paper is attorney’s criminal liability, sometimes as a number of society and sometimes as an “attorney of justice administration”; so the attorney can be committed public offenses that will be responsible just as ordinary (other) people (public criminal liability) and also he can be held accountable for crimes which legislator has criminalized for them - attorneys of justice administration. In the latter case he will be convicted to the penalty provided by law (particular criminal liability). Vs there are some cases due to lack of foresight of sanction, attorney’s action will be without any criminal liability. Met as (being) a “lawyer” follows a responsibility under the title “professional responsibility” that is applied sometimes alone, sometimes in parallel criminal liability and sometimes after achieving it.

Penalization & treatment have been proposed in criminal justice system. In the last decades of the twentieth century, penalization system has been seriously criticized, the approach that gives no significant role to all stakeholders of crime. Particularly victim, who is merely, means to prove the crime. Theory of treatment the offender / rehabilitation also, mainly criticized with the lack of effective action or operation in the fight with criminals and false kindliness to them. Following the criticism, restorative justice as a new model / paradigm / approach of criminal system appeared. This approach concentrates to improve the effects of the crime on the victim and not the main focus on the sovereignty as a victim. The present research wanna to have a pathological view about this paradigm as one of the main types of participatory criminal policy to present the ways amount to the most successful results of restorative justice in practice.

Nowadays Family Tkaful in Islamic societies has been studied as Islamic Financing Tools and in detail as a legal Institution based on the theory of common benefit – common Loss and Collective cooperation. Likewise In some Western countries، Among the UK، Family Tkaful as risk Financing Tools has important role Beside insurance in society risk Financing. It''s Seems to be necessary، Shia Jurisprudence and Iran law pay attention in detail to Different aspects of takaful، specially، family takaful. It is question for Iranian lawyers whether takaful is implemented in Iran law from view of religious – Legal approach. It''s Seems، attorney model in family takaful could be performanced as economical effective legal institution in Iran law. so، It''snecessary، family takaful and insurance life have to Analysis from view of Jurisprudence – legal approach. It''s hoped.

There have been various ideas and opinions by jurisprudents and lawyers regarding the conditions of the revocable contract. One of the conditions that may compromise the parties to this contract is the requirement of time. This condition may be indicated in the text of the revocable contract، in the condition of this contract or be separately brought in other contracts. Some believe that these conditions are absolutely void and ineffective; others consider invalidity as a condition-oriented factor only and don’t specify it to contracts. However، according to others، the terms of the contract are those inserted in the type of contract، and therefore if the contract is necessary، its condition is necessary too، and if the contract is revocable، the condition in the realm of natural appropriateness and main contract will be valid and binding. Considering the modern and early jurisprudents'' opinions and views on various types of contracts and different lawyers in various revocable contracts، the condition of time inserted in revocable contracts، seems not to be absolutely enforceable. However، the inclusion of such condition، provided that such contracts are not broken، is valid. Intransigence and will of the main parties in signing contracts and its impact on the spread and reduction of the scope of the commitments، however، should not be ignored، even though the obligations of the contract are revocable. Because having accepted the rule of law in Article 10، and the commitment to respect the will، the legislatore ensures such commitments.

Usually some disagreements may emerge in the relations between spouses which may result in divorce. The Holy Quran has called these disagreements “shiqaq” (breakdown) and recommended to specify two arbitrators, one by wife and one by husband, to settle the disagreement. Concerning the nature of arbitration, some juridical opinions have been put forth; most eminent jurists have deemed it as “tahkim” (arbitration), and some others have considered it as “tawkil” (power of attorney). While studying and assessing the two above opinions, the author of the present article puts forth a third opinion called “expertise”.

Resignation of an attorney has important effects on the principal and the process of trial. If the court or principal do not know about the resignation of the attorney، it may create irreparable losses for principal or cause prolongation of proceedings. So determining exact and comprehensive criterions about the resignation of attorney is necessary. If the attorney does not observe these criterions، it may cause disciplinary or civil liability or both of them. However، due to the necessity of the protection of principal''s rights، some measures of resigned attorney is acceptable. For instance، presenting an incomplete petition by resigned attorney is satisfactory to the court، while the mentioned action of the attorney is a kind of disciplinary offence. Sometimes legislature requires renewal of notification to principal، while it is serviced to the attorney and if it has been proved that the principal was not aware of the resignation of attorney، the principal''s awareness date is the commencement of the computation of time limits. This provision may endanger other party''s rights and cause prolongation of proceedings and result in collusion between principal and his/her attorney.