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

As soon as the Foundation is made, the objective right that existed between the endowment and the endowment property disappears and the endowment property becomes the property of the endowment legal entity. Therefore, without doubt, the Foundation cannot make any seizure in the Foundation; for example, it cannot exclude some of the Foundation against them from the number of Foundation against them. The question arises as to whether the Foundation can retain the right to expel some of the Foundation against them at any time, provided that the Foundation is written on condition. The Civil Code has remained silent in response to the present question. Jurists and scholars disagree on the answer to this question. Some have considered this condition to be correct, and some believe that such a condition is invalid, and some have elaborated on the differences between the minor and the major. In the present study, which is based on a descriptive-analytical method, it has been concluded that if the condition for dismissal of some endowments against them is by providing a criterion that after the endowment, some endowments against each other are automatically dismissed, this condition is correct and whenever the provisions of the condition giving authority to the Foundation to expel some of the endowments is against them, such a condition is invalid and ineffective.

Given the view of Liberalism to the human being and the freedom as well as the extraordinary development of this thought in the world and its differences with the Islamic principles, it is necessary to criticize the foundations of this school of thought from the viewpoint of Islam in various fields. Using a documentary and descriptive-analytical method this research criticizes the foundations of this theory to clarify the challenges of this thought from the point of view of Islam. This research seeks to study the foundations of Liberalism specifically, though some researches have been done in critique of Liberalism in general.

Ownership and freedom are two essential rights and of value to human beings. By contrast to preliminary reviews، the link between these two values is very solid، and they have a reciprocal relation. Not only can they serve as the foundation of each other، but also in case of departing this equilibrium، each can have a negative effect on the other. The relationship between the two is the subject of study of this article. For purpose of conclusion، we should know that Freedom and ownership are two important rights، in which Law has the obligation to create equilibrium between them; as such not only there will be no conflict between them، in fact they will complement and support each other، and also each shall maximize the other.

The term "foundation" is one of the words that commonly used in legal studies. Lawyers, however, have no consensus about the interpretation of this word and about the explanation of its meaning. This study attempts to indicate that concepts of "compulsory power" and "justification of validity" are more justifiable than others through examining the lawyers’ interpretations. It also tries to determine differences between word foundation and its similar words through comparing their meanings. Besides, it examines a number of legal studies using the word foundation. In this way, it distinguishes the most prevalent meaning of foundations and some of its factors and referents.

Self- defense has been one of the controversial topics among the issues of criminal law since the remote past. Its traces can be witnessed in all legal systems and in all ages. This important issue has developed and been enriched through the time due to the prevailing thought over humanities. Nowadays all the legal schools are unanimous in recognizing the principle of self defense. The existence of legal rules concerning self-defense is an evidence towards establishing this claim. In spite of the unanimity in recognition of this very principle, the conditions under which the defensive behavior is regarded legitimate are not elaborated. The nature of self-defense and its influence on criminal liability has also been under discussion and debate in all ages. This heated discussion has led to the development of this concept in criminal law. The root of these different points may be found in the difference in the foundations of defense. The very principle of defense regardless of its foundations influences its nature and conditions. Thus dealing with the foundation of the legitimacy of self-defense is influential and significant towards the conditions and effects of defense. The present article seeks to find the jurisprudential foundations of self-defense through the jurisprudential texts analyzing them based on jurisprudential concepts and literature.