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

Legal agreements in time-dependent matters are made in the form of a Successive Contract that has a time-oriented function. Consistent with this description, these contracts have significant substantive and procedural distinctions which help an independent type of contracts emerge based on legal analyses and justifications. The Iranian Civil Code does not specify these contracts in particular; however, due to the prevalence of several instances of successive contracts as specific and the need to analyze their legal criteria, a comprehensive study of these contracts seems necessary. Drawing on the relevant literature and recruiting a descriptive-analytical design, the present study seeks to (a) analyze the precise nature of the successive contracts and the role of time in them and (b) explain their most significant legal distinctions. Findings suggest that the necessity of time-passage for the fulfilment of the subject of a successive contract is the very distinctive substantive characteristic of such contracts. The need for normalizing successive contracts and highlighting their distinctions with instant contracts is then justifiable. The criterion would be helpful in determining the instances of successive contracts- whether known or unknown.

There is no doubt about the legitimacy of temporary marriage in Shiite jurisprudence. This kind of marriage is recognized in Iran’s civil law and family support law, and some of its ruls is indicated. But there are some ambiguities about some of the issues such as the juridical effects of the wife's disobedience. Disobedience of wife in permanent marriage could lead to loss of alimony right entitled to her but in temporary marriage wife not entitled to alimony right. So, the important question is proposed here: what is the effect of a wife’s disobedience on her rights, and in other words, what is the executive guarantee of the husband’s right to submission in temporary marriage? There is no commentary about this issue in Civil Law, while this issue is important and should be investigated. In this paper, this issue is studied through descriptive and analytical methods from a jurisprudential perspective. The findings of the study are shown that if the divorced wife refuses to obey without a valid excuse, her disobedience would be fulfilled. On other hand, disobedience of the wife in temporary marriage leads to nulling her right of marriage portion or dowry, and the husband could deduct from the dowry considering proportion to the period of disobedience, and if the husband had paid the full dowry, he should demand its return in the same proportion through the court

In Shia jurisprudence and consequently in the civil law of the Islamic Republic of Iran, temporary marriage is recognized as one of the types of marriage. The wife''s sexual rights and the possibility of the husband leaving the marital duties (Noshuz) in this type of marriage are the important and challenging issues about temporary marriage. This article with a descriptive and analytical method tries to answer these following related questions: Is the marital law such as the right to cohabitation and intimacy fixed or not for the temporary wife? If yes, what is the effect of the husband'' refusal to perform the marital duty of the wife and how she can he obtain her rights? Family law in Iran is silent on these issues jurisprudential views on it are also different. The research findings show that the right to intimacy is fixed for a temporary wife. Also, in a long-term marriage, the wife has the right to love and affection. As a result, the husband''s Noshuz in temporary contract is achievable. If the husband refuses to perform the marital duties of the temporary wife, at the request of the wife, the court first obliges the husband and then forces him to grant the term of contract.

In law of the west the contract is always engaged with obligation, while based on one of essential classifications within Islamic jurisprudence, the permission can be a foundation of making contracts as well. The dual of permission-based contracts and obligation-based contracts is one of the Imamiyah jurisprudence’s specialties. The permission, besides that can be a foundation of making contracts, can be applied for making trusteeship too. Based on the jurisprudence’s well-known statement, permission can be the cause of trusteeship and permitted possession. Not only these two functions are different from each other, but also there is no correlation between them. Separating these two functions can be employed to explain and resolve many of the legal issues. For example, justifying the question that how it would be possible for a permission-based contract to be void despite rhe existence of trusteeship or how the termination of a permission-based contract would be possible after the dissolution and expiration of the period of permission while the possession is remained permitted, all are dependant upon the acceptance of this separation and acknowledgement of non-correlation between contract-making permission and trust-making permission. Furthermore, maintenance of permission based contract while the trusteeship and permitted possession is terminated is one of the other results of this functional dualism. The reason of the fact that the violation of trustee leads to loss of trust meanwhile trustee contract still remains is also rooted in the duality in the functions of permission. In this article, through applying a descriptive-analytic method, these two different functions of permission would be examined.