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

Sensitivity towards the mutual rights and duties of couples in relation to marital relations in the family is one of the special teachings of the Holy Quran. Some prominent feminist views consider the family and specifically the sexual relations patterns as the fundamental cause of women's inferiority. The latter point of view, while condemning the Quranic view, considers lesbianism, the freedom of sexual relations outside the framework of marriage and the right to abortion as necessary to get out of the requirements of this fundamental factor. Feminist teachings have ignored the identity of human beings due to their humanist and secular foundations. Explaining the teachings of Quran and feminism in this matter is the main issue of this research. This research has been done by descriptive-analytical method. The deep belief in self-ownership, freedom and hedonism against the belief in God's true ownership and the trusting role of men and women towards the body are the most important topics used in feminist and Quranic explanations.

In exchange contracts, the parties committed to performing obligations are specified. One of the guarantees for the fulfillment of the obligations of the parties is the lien. The purpose of this article is to examine the conditions of lien in transactions in Iranian jurisprudence and law. The research method of this article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. Realization of lien in Iranian jurisprudence and law depends on conditions such as the existence of a valid contract of indemnification, the existence of an indemnity contract, non-fulfillment of obligations, the simultaneous or submission of two obligations and the creation of lien in relation to two obligations, the binding nature of the obligations of the parties, and the absence of a deadline. And non-payment of the price and voluntary surrender is a sale. The responsibility of the other party of the lien holder for the maintenance cost of the lien item, the security of the property at the time of the lien exercise, the intervention of the court to fulfill the contractual obligations and the granting of deadlines and price installments are the effects of the realization of the lien right. Imprisonment is foreseen due to the acceleration of the realization of the right. This right is a way that if it is used according to the law, it can reduce the lawsuits, with the explanation that the parties can assert their rights by using the right of arrest and avoid going to the court. Accordingly, it can be used as one of the methods of performance guarantee in barter contracts.

Civil Act, in the article 214 has separated two words “property” and “action”. The mentioned separation may produce the image that the Civil Act does not consider the property for the action, but this is not so. Interest or action are “competence and capacity and the capability of resulting” which exist in human body, would be produced in nature or acquired and be considered as property. The submission of interest can be in form of creation of a transient affair like teaching or creation of a description of real object like painting or creation of a physical object like building an industrial piece in the objective world.In case of the realization time of interest submission, in the first case, there is agreement and its time is the time of end work, but in the two other cases there is disagreement. A group of scholars believe that for the realization of submission the mentioned object should be delivered to the tenant, and another group of scholars know the end of work as the time of submission realization. The mystery of disagreement is in the understanding of interest submission and it is “to realize and accomplish” of the mentioned capacity which would be realized as the work ends and the delivery of the created object which is “the object submitted” and not “the object transacted”; is an affair both extra and unreasonable. In case which the worker follows the employer, according to Labor Act, the costs of submission is burdened on the employer and the other cases are burdened on the hired servants.

Although Iranian legal system has protected family as society’s basic unit in many rules specifically constitutional law, family main issues need study in laws and regulations to recognize the matters that threat it. Lawyers and jurists by studying article 1085 civil Code guide us to that that right of lien and its ways of taking advantages in the family rights and duties often used by law with ignore of the philosophy and root of this right. Supreme Court’s decisions on generality of submission (not sexual submission) for remaining right of lien while insolvency of man, shows the reason of woman’s lien to receive dowry. Using the rule of commutative contracts for marriage without mention the protection of right of women is caused by Remedial Principles which is showing hidden facts of decisive time for paying dowry, avoiding of prevailing a ultra-realistic method on social aspect of family as a important unit of society is on the negative line of materialistic view to the most important contract among people.

Arbitration is playing a very important role in international and domestic commerce. Party autonomy and free will are prevalent in all aspects of arbitration which includes rules of evidence, submission, admission, and disclosure. Lack of predetermined rules and leaving them to the parties or the tribunal causes confusion, especially as the judge's role in the management of the submission of the evidence, the value of evidence and the discovery and disclosure are distinctively different in Civil and Common Law traditions. Therefore, knowing the practice of international commercial arbitrations with regards to evidence is of crucial importance. In this paper, the practice, laws and rules of international commercial arbitration are examined in Iran and representatives of Civil and Common Law traditions. International commercial arbitration has developed its own specific rules and practice of evidence which not that of neither Common nor Civil law's. Considering this specific practice and the fact that one cannot rely on their knowledge of domestic procedures, it is necessary for the lawyers to become familiar with the rules of evidence in international commercial arbitration. It is also necessary to note that these rules are governed by part autonomy, and they should think of setting the rules of evidence before any dispute or at least before the commencement of the proceeding. This paper recommends using the standard guidelines on the rules of evidence such as those published by the International Association Bar and incorporating them in their arbitration clauses or agreements.

In spite of religious order in Quran that husband and wife, must compatible each other, there has been set out in verse 34 of Surah An-Nisa' regulations that jurists and lawyers, do not agree at their purport and application conditions. Specially what is meant by this section "to beat them" in the Sura. According to the prominent opinion of Shiite Jurists, what is meant by beating is exactly the act of beating wife bodily. However, few jurists believe that the verse prescribe not to speak to women. Although the later has no power to contradict the former, but on the basis of some of indisputable legal principles and laws, the acceptance of enforceability of the prominent opinion is too difficult.

Most of the people have a false understanding of predestination (Qada' and Qadar); for example, when they have a car accident, they attribute it to "kismet" and predestination without thinking about their faults and law violations. Therefore, having a true understanding of Qada' and Qadar may help to avoid such mistakes. "Qada" means the certainty of an event its causes and "Qadar" means the boundaries and characteristics of the event. In fact Qada' and Qadar means provoking of all the causes which stems from will and knowledge of Allah. Among the events in the universe, the human actions are among those that depend on human will an addition to several other causes, i. e. what mankind does with free will is also under Qada' and Qadar. The present paper studies the relationship between Qada' and Qadar and the optional actions of mankind.

To the question of whether to allow the applicant to formulate the new (additional) claims in the course of proceedings, the Permanent Court of International Justice has responded affirmatively. The International Court of Justice seems to depart from the approach adopted by its predecessor, giving considerable preponderance to the limits of the claim as delimited by the terms of the Application, as well as giving a very narrow interpretation of the connection that must exist between the new claim and the one formulated in the Application. This is what makes (almost) impossible the submission of an additional claim. The judgment of 30 November 2010, rendered in the merits of the case concerning Ahmadou Sadio Diallo is the notable example of the application of this approach. The Court emphasizes the disadvantages resulting from the submission of new claims in the course of proceedings. We think that it will not be the case if it is recognized that the new claim is a real affirmative demand, and an incidental proceeding.

According to Holy Quran sovereignty is for God (Verse 40, Yousef Surah) and in principle no human enjoys dominance over the other. Nonetheless, according to Verse 34-Alnesa Surah of Quran and similarly Article 1105 of Iran’s Civil Law, directorship is for the husband in domestic relations. However, this does not purport to unconditional predominance of husband over his wife and according to many Islamic jurists, the implication of the Quran reading “Husband shall superintend the wife” may not betranslated as men's despotism, cruel it your injustice. Instead, the purpose is prescription of a unified regulated leadership with respect to [household] responsibilities and subject to consultation [with wife]» (Shirazi, Makaremand others, 2006, vol. 4, 471). Furthermore, under moral principles and as per the concrete rules of Islamic jurisprudence namely the rule of “Prohibition of Harm” stipulated in principle 40 of Iran’s constitution, “No individual may excersise his/her rights as a mean of damaging others”, all of which imply that directorship and superintendence of a husband accounts primarily and in essence as a “duty” and not merely a sole priviledge. It is only then we may consider such privilege for the husband to enjoy authorities required to carry out duties arising out of his position. Directorship of husband does not account for devaluation of wive’s human dignity or husband's primacy or superiority over his wife. For taking up such position husband shall need to have competence based on which he finds a restricted capacity to perform meaning that his authorities are bound to limits.

The problem of Homicide in the Marriage Bed, which was adapted from the former French criminal law and included in the Article 179 of Iranian civil law before the revolution, was reflected in the article 630 of Iranian civil law after the revolution. The subject in question which was a matter of legal criticism before the revolution became a matter of juristic criticism as well when it was based on juristic essentials and appeared in the article 630 after the revolution. Such problems as weakness of theory of legitimate defense as the foundation of justification of the judgment, weakness of juristic essentials, and possibility of misuse of the judgment are argued for incorrectness of the judgment. Those problems are chiefly caused by negligence of the point that it is peculiar to the position of realization and not that of demonstration first, and lack of precise analysis of juristic essentials being contented with mentioning opinions of some jurists without narrating their own words in this connection secondly. Should these two problems solved, soundness of that judgment would definitely be revealed

Pharmaceutical products are complicated products influencing man's health and when necessary information is not presented, it is difficult to know their constituents, side effects and benefits. When necessary information is not presented, pharmaceutical products may change into dangerous items; for the same reason, production, supply, and prescription of such an item may cause some liability. According to some legal rules, it may be said that such a pharmaceutical product which is produced and supplied without necessary information lacks possessory value, and trade on such an item is invalid and causes liability. To have knowledge of civil liability arising out of avoiding presentation of information about a pharmaceutical product, the nature of item and principles of civil liability should be analyzed and studied. Also, legally speaking, it should be found that how the civil liability is reflected in the Articles of law.