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

Commercialization of oil and gas fields is the connecting link between the exploration stage and development and production, and the final part of the contractor's risk. Proving it leads to the continuation of the contract and reimbursement of the investment, and failure to prove it leads to the end of the contract without reimbursement of expenses. Ambiguity in the concept of commercialization and its similarity with similar concepts, such as the commerciality of the field or commercial production, can be the source of future disputes. The relativity of the concept of commercialization with regard to internal and common fields, oil and gas fields, and on-shore and off-shore fields increases this ambiguity. Therefore, it is necessary to provide a comprehensive, clear and practical definition of field commercialization and its criteria. In addition to proving the technical and economic criteria, the commercialization process of the field requires compliance with formalities. Fulfillment of this technical and economic condition with the proper observance of the formalities has many legal effects which definitely affect the interests and obligations of the parties. This article is written with a descriptive and analytical approach in order to understand the concept and legal effects of commercialization of oil and gas fields. What are the criteria for the commercialization of the field and what are its effects is the main question of the research. The hypothesis of the authors is that commercialization is a relative concept and its criteria are different according to the time and place conditions of each country and from the point of view of the host government and the investor. Considering that no article has been written on this topic so far, the purpose of this research is to investigate and conclude the concept, criteria, formalities and effects of field commercialization with the approach of supporting national interests and localization within the framework of the oil and gas law in Iran. One of the important results of this research is the separation between commercial wells, commerciality of the field, commercialization of the field, production and commercial supply. The commercialization of oil and gas fields has many effects on the rights and obligations of the parties. Including it is possible to determine the period of exploration, development and production, reimbursement of investment and its rate, relinquishment of the contracted area, delivery of the field to the host government in some contracts, conclusion of oil sales contract, the offer of proposed Appraisal Program by IOC and making decision for the participation of the host government in oil operations.

Although ‌ Administration of justice in the contractual relation has been proposed as one of the functions of contemporary contract law, but from an executive point of view, it can be examined whether contract law should play a positive role or can only play the role of preventing injustice. In this article, by descriptive-analytical method, it was proved that due to Necessity of protection of will principle, contract law has a role in preventing injustice. In this regard, although several criteria such as exchange of unequal economic values, dishonest wager, inappropriate terms, undeserved return and advantage, have been proposed to detect injustice, but the criterion of lack of rational purpose or unrasoablness is more appropriate than others because it includes all the above criteria.

Maqāṣid al-Sharīʿa may be stated simply as the higher objectives of the rules of the Sharī’a, the observance of which, facilitate the normal functioning of society by enhancing the public good (maṣlaḥa). This implies avoiding actions which are likely harmful to individuals and society. The niyyah (intent), objective and purpose is simply to achieve goals that embody social and economic justice as well as enhance the welfare of the community and environment. In order to achieve the objectives of Sharīʿa from the verses and narrations, there should be certain rules and limits which not only edifty the discovered objectives but also blocks the path of personal taste and deduction. To help achieve this goal, in the present research, which has been carried based on library resources, four criteria for the accuracy of the discovered purposes have been presented in order to be used as the scale for measurement. These criteria are: 1. Compliance with the supreme goal of the Shari'a, i.e. servitude. To this end, all the goals and plans of human life must be in accordance with servitude as well as aimed at achieving it. 2. Non-contradiction of the discovered objective with valid verses and narrations, because these contradictions will divert it from the purpose of Shari'a. 3. Lack of internal discrepancy between goals; 4. Observance of public interests.

Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it causes providing the definition, restricting the true sense of the word and consequently limiting the legislature's reaction and difficulty in achieving prevention goals. Therefore, explaining the criteria can be useful instead of defining. This essay seeks to view the criminological and economic criteria; according to the former, the motivation and the atmosphere in which crime was committed of economic might assist to recognize the economic crime. And according to the latter, disruption of macroeconomic policies (monetary, fiscal and income) and operating companies and businesses, the production, distribution and consumption will show the another side of economic crime’s face. Thus, it is possible to take a step toward the identifying the economic crime, under the light economic criteria and considering the criminological criteria.

According to clause B of article 206 of Islamic penal code (enacted in 1370) & clause 2 of 288 article of Islamic penal code (enacted in 1390) the lawmakers is adopted " intention to commit a typically fatal act " as a criterion murder (felony) in criminal law. Since the definition of the action or " Typically fatal act " does not exist in law, so, there is different interpretations of the law by the courts in practice and the judicial procedure, as particularly manifested in the decrees issued by supreme court branches, suggests that the tribunals & supreme court branches regard-by extensive interpretation of article B clause 206, the mere '' usage of a lethal weapon" regardless of the position of the hit, as sufficient for verification of deliberate murder. This article discusses some of the problems identified Precedent and the criteria for diagnosis and Identification of " Typically fatal act" deals.

Accurate decision on religious statement in the jurisdiction of theology depends on the objective and relation between different factors and topics.The prime goal of religious statement in the area of guardianship is to support the financial interest of children.On the basis of the objectives, the limits the topics, then the decree will be clarified. Taking into consideration the collection of religious statements& its objective on financial issues the present article analyses the nature of such decrees with new approaches.Consequently the decree of different topics will be clarified. Finally it presents certain criteria for the above mentioned jurisdiction of theology.

In Islamic legal system in order to strengthen the family foundation, either parties of marriage contract are assigned certain duties & legal rights. Alimony is one of those rights that awarded to the wife by the husband. The criteria for ordering alimony have been discussed in past, and also the verses of the Holy Quran & sayings testify this right. It has been approved unanimously by all Islamic Jurists, but there still remain some controversies as far as the amount & criteria are concerned. The present article studies the Imamieh Jurisprudents &Sunnie’s point of view, to determine what kind of expenses are covered by alimony to meet the wife’s requirement. The study reveals that in connection to the amount of alimony & its criteria, there are two different opinions. The first group Sheikh Toossi &Sunni scholars believe that the payment of alimony depends on both the earning capabilities of a man & the dignity of a woman. But the second group Saheb Javaher & the contemporary Jurists are of the view that the amount & the criteria of alimony depends upon the dignity of a woman thus the disputed issue is one of the difficult cases to be determined. The first group does not consider sick pay as a necessary factor of alimony, but the contemporary shitte jurists believe that all expenses should be included in alimony to meet the necessary requirements of a wife.