جستجوی مقالات مرتبط با کلیدواژه « civil procedure law » در نشریات گروه « فقه و حقوق »

The aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspectives of the experts in this field are examined and criticized. The author will present his own viewpoint in the conclusion and summary of the study.

This study explores the legal perspective on apostasy, irrespective of its classification as a criminal act in a country's legal system. According to Article 167 of the Constitution and Article 3 of the Civil Procedure Law, civil consequences arise from apostasy against the apostate. The Imami jurisprudential viewpoint asserts that a Fetri[1] apostate, even when alive, is regarded as legally deceased. Consequently, rules applicable to the deceased, such as property division among heirs, the extinguishment of ownership and the capacity to own, and the annulment of financial transactions based on consensus and tradition, are extended to the Fetri apostate. This Imami perspective sets it apart from other Islamic sects. The research critically examines the evidence supporting this ruling and analyzes its implications. Demonstrating the lack of unanimous consensus among early scholars on this matter and the absence of explicit indications from tradition, the study suggests resorting to general evidence. This evidence denies legal death for an apostate, considering him, like others, the rightful owner of his property, with properties undivided until after his death. Additionally, his financial transactions remain valid. The research adopts a descriptive-analytical methodology, drawing on the principles of customary jurisprudence and supporting evidence.

The institution of temporary order, which is also interpreted as urgent proceedings, is the institution that the petitioner requests from the court to prevent the violation of his rights in cases of urgency.The provisions of this order are stated in articles 310 to 325 of the Civil Procedure Law and it is possible to implement it in the lawsuits of commercial companies.Among the examples that can be mentioned in the field of lawsuits of commercial companies, the request to issue a temporary order to prevent the invitation of the ordinary general assembly of a joint-stock company, to prevent the issuance of shares in the capital increase of joint-stock companies, to prevent the issuance of shares of a private joint-stock company in Stock Exchange, preventing the issuance of share certificates or temporary share certificates in joint stock companies, preventing the issuance of share certificates or temporary certificates of anonymous shares in joint stock companies, preventing the arrangement of preferred shares in joint stock companies, preventing the publication of invitations Convening the second meeting of the ordinary general assembly in joint stock companies, preventing the distribution of annual special profits among the shareholders in joint stock companies, preventing the publication of announcements for inviting general meetings in joint stock companies, preventing the meeting of the board of directors in joint stock companies, They are aimed at preventing the capital increase of joint-stock companies, preventing the transfer of property and assets of the partners of the limited liability company, and preventing the distribution of benefits among the partners of the joint ventures.

Delay payment damages by repealing Article 719 of the Code of Civil Procedure adopted in 1939 and replacing Article 522 of the Code of Civil Procedure adopted in 2000, the legislator, with the aim of avoiding usury, It has also changed with the approval of the Central Bank. Regarding whether the guarantor of the bankrupt person will be liable for this type of damages resulting from the subject matter or not, it should be said that although the responsibility of the guarantor is subordinate to the subject matter and the fall of his obligation for any reason will be extended to the guarantor. This can not be considered absolute in the case of exemption of the subject matter of the bankrupt from the compensation for late payment. Because the said damage is a natural requirement of any religion of a common type and the application of the guarantor guarantee will also be included in it, even if the trader is exempted from it based on the unity vote of procedure number 155 dated 05/03/1969. Therefore, in this article, relying on the library method, while critically analyzing the recent unanimous vote of the issuance procedure No. 788 dated 16/06/2020 regarding the exemption of the bankrupt's guarantor from the delay of payment of the debt, take a look at the nature of this type. Damage and the ability to achieve it.