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

One of the challenges in contract law is the quality of the expression of intent and the conclusion of real estate transactions. Contrary to the principle of autonomy of will and freedom of contracts, which allows the contracting parties to arrange their transactions in any form and quality, real estate transactions are restricted due to considerations of public order and the protection of third-party rights. Consequently, such transactions must be documented in writing and registered. In both Iranian and English legal systems, drafting an official document for real estate transactions is obligatory. However, in Iranian law, an official document refers to a deed prepared in a notary public office and recorded in the property registry, while in English law, an official document must include the identification of the parties, the subject of the transaction, and all agreements drafted in writing, signed by the parties or their legal representatives and two witnesses, and must explicitly state the term "deed." In Iranian law, before the enactment of the law mandating the formal registration of real estate transactions, such contracts were subject to the evidentiary and consensual nature of agreements, as stated in Article 62 of the Permanent Provisions of the Sixth Development Plan, and could be deemed valid if proven in court. However, in English law, if a transaction is concluded without an official document, it is considered void and lacks legal validity, except in cases where the validity of the transaction is established in court based on the principles of estoppel and trust.

The realm of digital property is a new area in the world of technology that must be addressed in different fields, especially law. In our country, the legislator has not yet provided an explicit text regarding the Digital inheritance property. In addition, like intellectual property rights, although digital property is immaterial, they will have a material effect, including patent rights and author's rights, which are recognized in Iranian law; like intellectual property, virtual properties are not physically tangible, but they have the same financial effects and can be classified as property and inheritance. The findings indicate that so far, the Digital inheritance assets have not yet penetrated Iran's laws, and the internal laws in this regard have not been legislated, despite the need and necessity due to the widespread use of these properties, there was no change in the recognition of digital assets. In this case, do digital properties have a place in Iran's law to be recognized as property or not? The Vice President of New Technologies of the Central Bank published a draft of the requirements and regulations in the field of cryptocurrencies in February 2017, and the bill that was recently submitted to the parliament is an attempt to the legal framework and define the rules of digital property in property can be considered with indulgence. According to the general rules governing material property, the digital property can also be considered as part of the property, be inherited, and at the same time be demanded, divided, and traded. The research method in this article is descriptive-analytical.

According to the verses of the Holy Qur'an, humans are equal and the criterion of their superiority is piety, not gender and financial conditions, based on this, because in the religion of Islam, the burden of family responsibility and economy is placed on the man, his dowry is more than that of a woman. However, with the passage of time and changing societies, the roles of men and women have been accompanied by changes. In our society, there are women who bear the economic burden of the family alone and are idols in war with every problem. For this reason, since the female heads of the family, in addition to the role of wife and mother, are obliged to fulfill the economic needs of the family, it seems that their dowry should be equal to that of men. The aim of this research will be to re-examine the dowry of female heads of the household with an emphasis on Quranic verses. This research examines the concept and nature of dowry in the law of Iran and Iraq, because the law of dowry is obsolete in Turkey. According to the acceptance of some verses and opinions of eminent authorities, the best view about the nature of dowry is its duality and hybrid theory, which responds to challenges such as the possibility of claiming damages in excess of dowry. Also, if the dowry is sufficient, it will not be possible to demand more than the dowry. In case of damage that exceeds the amount of payment, damages can be claimed by referring to the rules of civil liability. Finally, the position of Iran and Iraq regarding the nature of dowry in Islamic penal laws shows the choice of criminal and punitive nature of dowry.

The ominous phenomenon of active and passive bribery has long existed in human society by corrupt people, especially in the position of judges, and the perpetrators have been severely dealt with. This phenomenon has been condemned in the poems of Persian language poets. Efforts to fight this crime - which is one of the obvious examples of administrative corruption - have caused it to be addressed in some international treaties and laws of many countries, which are described in this article. In Iran, the "General Penal Code" in 1304 dealt with active and passive bribery in ten articles (139 to 148), and these provisions sometimes underwent changes. Currently, the regulations regarding these crimes can be found in "Islamic Penal Code - Book V: Taezirat and Deterrent Punishments" and "Code for Aggravation of Punishment for Bribery, Embezzlement and Fraud" and some miscellaneous laws. In this article, while providing a definition of these crimes and analyzing their constituent elements, the gaps and shortcomings of Iran's laws have been examined and, using what is foreseen in the laws of other countries and international treaties, solutions to improve Iran's laws and to expand the definition of these crimes, in line with a more decisive fight against administrative corruption, have been proposed.

There is a difference of opinion in response to the question of the essential effect of the condition of financial act and the guarantee of its enforcement in case of breach. Some of the prominent contemporary authors hold opposing views with well-known jurisconsults and the apparent content of the provisions regarding the Iranian Civil Code. They believe that the condition of a financial act leads to the establishment of ownership in favor of the conditional beneficiary in the possession of the conditional obligor upon its establishment, similar to the consequential condition. Therefore, breaching the condition is not possible in such conditions of financial act. This opinion is referred to as the theory of "Obligation and Financial Rights of the Dhimmī” regarding the condition of the financial act, and scholars such as ʿAllāmih Ḥillī and Muḥaqiq Ţabāṭabāʾī Yazdī are also attributed to being advocates of the theory. To prove the correctness of the theory, references have been made to the interpretation of the two parties’ intentions, customary practice (zuq-i ʿurfī), and religions reasons for commitment and obligation. After elucidating the theory and mentioning its eightfold shortcomings, the present study will demonstrate that attributing the theory to the two aforementioned jurisconsults is invalid.

Preservation of privacy in its various dimensions is the right of the citizens of a society. On the other hand, the government needs access to financial information, which is reported based on facts, for policy-making and, more importantly, for the implementation of its economic policies. The present writing was compiled with the aim of examining jurisprudential access to real and legal human property information for the implementation of economic programs and policies and in a descriptive-analytical way. For this purpose, in rejecting the government's permission to access citizens' information, three reasons were raised: "no permission in searching other people's affairs", "no guardianship over another" and "inflicting damage on the market". The first and second implications of prohibiting the access to the information of property of the real and legal person's property were accepted provided that an individual jurisprudential view is taken into consideration; but, by using government jurisprudence, these arguments can be rejected and criticized. In order to prove the permission of the government to access the information of assets, four reasons were presented: "refinement of the basis of a ruling (tanqīḥ manāṭ) of the issue of covert monitoring of government officials", "the principle of no harm (lā ḍarar)", "priority comparison" and "use of the authority of the jurist guardianship", of which the last two reasons were accepted as the possibility of setting aside the reasons for prohibition. "Complete implementation of the comprehensive tax plan", "correct distribution of subsidies", "entrusting government privileges to the target community" and "fight against money laundering" are represented as the results of this research.

Given that the virtual space, particularly the metaverse technology, is considered one of the novel topics, it is necessary to examine its aspects from an Islamic Fiqhi perspective. The metaverse is a digital space that deals with various technologies such as virtual reality, augmented reality, digital currencies, and the internet. This digital world is interconnected through blockchain, virtual reality, augmented reality, online games, and digital assets, and it is claimed to have numerous applications and benefits in education, medicine, economy, entertainment, etc. One of the issues related to the metaverse space is the purchase of real estate in such a space, as the question arises as to whether the conditions of the counterparts, including the requirement of ownership, apply to real estate and land in the metaverse or not. In this paper, using a descriptive-analytical method and relying on library resources, after explaining the conditions for ownership, it is proven that the real estate traded in the metaverse have both fiqhi and legal ownership. Furthermore, by examining the major premise of the requirement of the validity of a transaction on the ownership of the counterparts, it has been clarified that the lack of ownership of these real estates does not prevent the generalization of the validity of the transaction to them.

The rule to defend the life, property and honor of a person who has been endangered by its owner (a person who causes damage to his property or attacks his honor or committed suicide or self-mutilation) in Shia and Sunni jurisprudence has not been clearly defined and no explicit ruling can be found for it in Sharia and law. However, since the importance of this issue is at a very high level, the verses and traditions passed down from the innocents have been examined and the result of this analysis has been written down as follows. It is obligatory upon anyone who becomes aware of a violation of his or her triple ammunition and has the ability to defend himself and does not threaten the defending person or a third party. Because life, wealth, and honor are among the issues that the holy Sharia has paid great attention to and respected. Secondly the generalities and applications of the relevant evidences (from the verses and hadiths) are included, and also by examining the opinions of Sunni jurists in various books, the evidences and opinions regarding the defense of the self, honor and property are examined and separated by the sayings of the religions. Shafi'i, Hanafi, Maliki and Hanbali have been examined and analyzed in detail, and in summary, most of the Sunni jurists believe in the obligation of defense and have pointed to evidence from verses, hadiths, and authentic documents for their statements. The present article, in a descriptive-analytical way, by examining the evidences of legitimate defense, tries to infer whether, according to jurisprudence and legal texts, the evidences of legitimate defense include the case of a person who has taken action against his life, property, and honor or not.

The development of virtual space and the transactions formed in this space over the past few years have led to the formation of the concept of virtual assets. One of the important issues that should be considered in the acceptance of virtual assets in legal systems is the identification of the nature of such assets. Regarding the legal nature of virtual assets, different approaches have been proposed in legal systems; But three approaches have gained more acceptance; Some legal systems consider virtual assets as money and use them as a means of payment in transactions; Some others have accepted it as exchangeable and investable securities, and others have accepted it as a commodity and consider it subject to the regulations related to the sale of goods. Now the question is raised, which approach regarding the legal nature of virtual assets is acceptable in Iran's legal system? In response, it should be said that although the virtual property has not been given serious attention in Iran's legal system, the analysis of the nature of this property is more consistent with the ruling legal system.

Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area in most legal systems, the legal aspects of this situation have not been adequately explained. The issue of the life or death of these patients is one of the important issues for explaining the legal status of patients in a vegetative state. In this study, according to the religious and jurisprudential concept of death according to the sanctity of the right to life and with the similarity with the regulations governing the incapacity, the view of being alive has been accepted and according to this view and with a comparative approach, the legal effects of vegetative state has been analyzed. The selection of a guardian and trustee and the transfer of financial affairs to them, the possibility of seeking divorce due to circumstances created by the spouse in a vegetative state, and the termination of personal contracts are the most important legal effects that have been accepted in this study

From a long time ago, the terms of liability and obligation in the Islamic legal system have been known to regulate the credit and financial relationships of individuals, and in Western law, in the 19th century, a term of property with the same purpose was invented by French jurists.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The Civil Code of Iran has included the rights of obligations under the title "in property" and despite the use of the mentioned vessels in the expression of its provisions, it has not explicitly mentioned their role and nature.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Although the container has less than the previous duty in the language of jurists, it has a special place in terms of the role of communication between other containers in realizing some important legal effects and also creating a balance between the property of the creditor and the debtor.

In every legal system, the principles governing them are very important. The tool for interpreting the gaps in the legal system in cases of conflict, conflict, silence and summary is to resort to basic principles and rules. The purpose of the present research is to examine the foundations of trademark protection in Imami jurisprudence.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. 

Consumers rely on trademarks to find a product that they are satisfied with or that is known for its quality and the role of the trademark is that it enables the customer to repeat his shopping experience without having to search expensively.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

it can be said that the trademark plays a vital role in determining the type of product that the consumer community chooses. Examining the theory of social planning as the main basis of intellectual property shows that the support of these signs is fully accepted in Shia jurisprudence.

There is no consensus among jurists regarding the ability to work by a free person and whether this ability is considered as real property or not. In this regard, from the point of view of some jurists, the mere ability to work in terms of physical and mental health leads the person not to be considered as insolvency, even if he lacks wealth in terms of tangible property and religious demand. On the other hand, some others do not accept such a view. Because they believe that the ability of a free person to work in a potential way is not considered a property that can be attributed a benefit to its potential physical strength. This view seems to be more acceptable; because the first view considers the ability to work as a property, but, for example, a lawyer who has a lawyer's license, no cases are referred to him for representation, and as a result, he has no income, can this potential ability be considered property? Therefore, this study seeks to identify the best viewpoint in order to implement justice as best as possible, according to the analysis of the above viewpoints in an analytical and descriptive method.

The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary in principled or dogmatic method, prefers political considerations and interests of the country over legal requirements. The second method, which is termed as legal method or appropriate selection, considers the verdict that is scientifically suitable for any legal issue. Also, private international law and international conventions have incorporated several rules to resolve the conflict of laws. Among them, we can refer to the rule of conflict resolution with main and secondary communication factors, the rule of conflict resolution of laws with main and secondary communication factors, the rule of plural conflict resolution, the rule of alternative conflict resolution, the rule of dissociative conflict resolution and the rule of conditional conflict resolution. It is the laws and regulations that discuss the non-domestic legal relations of nationals of countries and how to apply legal regulations to these nationals in terms of the jurisdiction of laws and courts. One of the most important issues related to private international law is the conflict of laws that occurs when a private law relationship to The reason for the intervention of one or more foreign factors is related to two or more countries. In this research, we examine the general conflict of laws and the issues raised in the conflict of laws in Iran's private international law

There are three hypothetes about whether rights can be prices and goods or notin writing buying contracts amony Foghaha (Jurisconsults) and Lawgers: Some don't accept transferring rights at all and think it is just for property. Some others accept it The third group thinks it is construable. They think there is a difference between changing and invalidiation of rights. They accept invalidiation of rights. In the present research, the content is presented with the descriptive and qualitative analytical method, taking into account the evidence The results of the research show that the definition of property is the same as the definition of sale in the eyes of the latter for the purpose of eviction of rent And the jurisprudence also refers to the same thing, and the definition of sale is true for the purchase and sale of rights, and rights can also be replaced, and the evidence of the validity of the sale also indicates this.

Cyberspace platforms provide countless services to their users; At the same time, they have access to a large amount of users' personal information and data. The value of this personal data is increasing day by day due to the possibility of commercial, economic, advertising, political, etc. exploits. The experience of a few years of technology development in cyberspace indicates the short life of many virtual platforms; So that most of the active platforms in 2004 were forgotten in 2021; Hence, today's popular platforms may not last long. The uncertain legal nature of personal data and its governing system, on the one hand, and the diverse value and uses of data, on the other, add to the temptation to take over this digital content and complicate its fate in the event of the virtual platform being shut down. The main purpose of this study is to evaluate the idea that property rights structures, along with privacy measures, can further protect individuals' rights over personal data. In this article, by applying the library research method, the ability of personal data to be classified as property is examined, then the status of personal data ownership is analyzed from the perspective of related regulations. The possibility and necessity of moving towards the establishment of a system based on property rights on personal data along with the quasi-contractual system of privacy, in order to draw the rights and duties governing personal data in the event of closure of the virtual platform, is proven in this article.

The supervisory board subject to Article 6 of the Real Estate Registration Law, as the authority for dealing with all disputes and registration errors, lacks the guarantees of a fair hearing, and the implementation of the current method is an insistence on inadequacies that do not contribute to the judicial situation of the country and the policy of decriminalization. . It is possible to take a step towards speeding up and facilitating the proceedings with minor reforms such as the expansion of delegation of authority, the formation of numerous and specialized branches, the revision of executive regulations and registration directives, but inadequacies such as the weakness of this quasi-judicial authority's entry into the nature Registration disputes and referral to judicial authorities (in cases where there is a threat of violation of acquired rights of individuals) are still standing. The first question of the article is why the supervisory board should deal with the errors and discrepancies in the registration. And in this regard, what are the justifications for the need for quasi-judicial authorities to enter into the nature of disputes? Secondly, assuming that the supervisory board (with its current status) does not have the ability to deal substantively with errors and registration disputes, what reforms and tools should be provided to the boards for the development of alternative dispute resolution methods?

Non- profit damage is one of the complex and controversial issues in Iran's legal system that disputes arise from Note 2 of Article 515 of the Code of Civil Procedure 1379; The enactment of the Criminal Procedure Code of1392,which in Article 14 and Note 2,there are changes compared to the previous law,Not only has it not removed the ambiguity, but it has added to it.In order to remove the existing ambiguities,first of all, non-profit Must be analyzed in jurisprudence And with a new perspective on the concept of property,benefit and profit, we must examine the issue that the damage to non-profit(profit)is guaranteed?Is it a non-profit property that is wasted?Why in Note2to Article14, is the only loss of possible benefits guaranteed?This research examines these issues with a library tool and with a descriptive-analytical method.Using the available data, property can be divided into1-identical 2- benefit 3-potential benefit 4-imaginary benefit and assumed the properties that are in the property of individuals in four forms:1- existing,2- potentially existing; in the view of actual custom, 3- potentially existing; and in the view of extinct custom,4- extinct.Non-profit or the same profit in the sense of fictitious benefit of property is not assumed and therefore, can't be claimed. On the other hand, loss of potential benefit and benefit, in the case of existing potential benefit, in the case of extinct custom in terms of non-validity of property, Does not create a guarantee, and in the case of existing potential benefit (in the view of actual custom), in the sense that custom's property applies to the guarantee. Note2:Article 14 of the Code of Criminal Procedure seeks to express the possibility of losing the existing potential benefit and in the view of actual custom, and mentioning the loss as a means of guarantee is included in the prevailing case.

The administrative authorities deal with the mistakes and dispute in Registration of Documents and Estate, namely, the supervisory boards and the Supreme Council, including administrative courts that play an essential and important role in the outcome of the records. In this research , the current status of these references has been investigated and the reasons their inefficiencies are: Prolongation Checking the Files Send, Ignoring the principles of independence and impartiality, Disregard of producer tools and control tools in Impartiality in the said discretion ago, Lack of access to court for reasons such as lack of attention to the principle of the right to be heard, Has been analyzed and Finally, the necessity of reviewing the jurisdiction and scope of these authorities has been concluded the most important of these is the establishment of a Supervisory Board in all Registry Units, The creation of a new authority known as the Provincial Supreme Council of Document Records in the Provincial Document Records's General Offices and delegating the current powers of the Supreme Council of Document Record to the This Council and expanding the jurisdiction and duties of the Supreme Council of Document Records established by the State Register of Property and Documents.

 There is no end to the dispute over the admissibility of a claim for proof of ownership of immovable property in the jurisprudence. On the other hand, there are situations in which the plaintiff has to go to court and has no choice but to do so. The general duty of the courts to hear cases also necessitates a hearing. The subject of the present study is the examination and classification of forms of property proof lawsuits that may be raised in court at any of the stages of property registration. The consideration and issuance of a ruling in each of these forms has its own special effects. This research has been done in a descriptive and analytical manner based on library sources and the use of judicial opinions issued. Seeks to reduce clients.