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

The rule of waste is one of the famous jurisprudential rules in all Muslim Sects and there is a consensus regarding it. One of the most important causes of forced guarantee that is cited is the same rule of loss. The application of the rule of waste indicates that whoever wastes another`s property is a guarantor , and the mistake in the loss is not stated in the appearance of the rule , and on the ofter hand , if the non-financial rights of people are lost , it con not be removed from the rule. Because the appearance of the rule emphasizes the of financial rights. However, one should not pay attention to appearance of the rule, because by using Article 1 of the Civil Liability Law, harming any right that a person has , whether it is property or otherwise , is guaranteed. One of the non-financial human rights is life and health , wiche is respected by the legislator along with other legal rights, including property. Therefore, despite the fact that Physical loss and damage to people is not a matter of financial rights, but according to Article 496 of the Islamic Penal Code, it is a guarantee and responsibility for the person responsible for the damage.

The statutes governing the relationship between the lessor and lessee concerning protecting the rights of lessees of commercial properties remain silent in their presupposition of dissipation and detriment. Whereas the legislature has failed to delineate the right to conduct business, trade, and goodwill in the event of loss suffered by a business entity due to accidents or waste caused by the fault of a landlord or third party, henceforth, concerning the aforementioned matter, the prosecutors are not confronted with the principle of the unity of judicial procedure. In order to fill the gap in the legislative-judicial system of Iran, establishing the institution of "real representation" makes it possible to protect property rights in the case of its loss through transferring the rights to the replaced property. The purpose of the ensuing article is to elucidate the legal stance of the real representative entity in safeguarding the rights of the lessee. This article employs a descriptive-analytical methodology that relies on the examination of documents and library data. According to the findings of this study, representation in Iranian law has been established based on personal representation. However instances of real representation can be found in certain jurisprudential and legal documents such as lease agreements, mortgages, endowments, insurances, and the like. The present article undertakes an analysis of the feasibility of achieving real representation in the lessor-lessee relationship. The two fundamental prerequisites for the real representative entity, which safeguards the rights of lessees in the event of commercial premises loss or destruction, as well as contract dissolution, are "the presence of a legitimate right that is subject to decay" and "the ability to transfer the right to the replaced property". These conditions apply to both contractual and legal (compulsory) forms. The aforementioned measure serves to impede the termination of the lease agreement and its resultant consequence, namely, the expulsion of the lessee from the commercial premises.

In the Turkish legal system, civil liability based on fault is the basis of civil liability resulting from a harmful act. According to Article 49 of the Turkish Law of Obligations, in civil liability resulting from a harmful act, liability is essentially a kind of fault, which is the most important element of liability. In addition to this type of liability, no-fault liability is provided in exceptional and special cases. But in the Afghan legal system, the issue is quite different. According to Article 758 of the Civil Code of Afghanistan, civil liability resulting from a harmful act is in principle of the type of liability without fault. However, in addition to the liability without fault, which is derived from Islamic jurisprudence and has been accepted as a principle, the legal institution in its article 760 also accepts the cause or responsibility as an exception. The difference between the views of the two legal systems on fault and civil liability based on fault indicates the efforts of each of them to fill the gap in this type of civil liability system and try to reduce irreparable losses. What is certain is that the difference in the meaning and concept of fault in both legal systems affects the type of acceptance of this institution of civil liability, its legal effects and consequences, and the neighbors of damages. This difference in view of the fault and fault-based liability reflects the need for comparative research, which is addressed in this paper.

Man is a voluntary being, and having this quality causes human responsibilities to be borne And if a person is reluctantly influenced by her will, it is not possible to hold her responsible to some extent. Of course, this view is foreseen in the discussion of the general rules of contracts and criminal liability in the laws of Iran and France, but the Iranian legislator has been silent on civil liability law. Scholars of Islamic sciences have addressed this issue in jurisprudential books and disagree on some issues, including the issue of reluctant murder. The Islamic Penal Code legislates the punishment of the reluctant person, but in the legal field, Iranian jurists, in their books on civil liability, briefly refer to the books of jurisprudence and related laws, but a special rule for It has not been predicted. Carefully in the laws of Iran and France, the need to provide separate materials for the issue of reluctance in civil liability of Iran due to the growing importance of civil liability and to prevent disagreement in the judicial process has been felt and the proposed materials have been presented.

The purpose of this study was to investigate the role of social networks in the waste culture of Tehran's citizens. The research method was descriptive correlational. The statistical population of the study is citizens of district 22 of Tehran. The sample size was 384 people using Cochran formula and multistage cluster sampling method. The researcher-made questionnaire was distributed among the subjects and analyzed using Pearson correlation test in SPSS 23 software. The findings showed that there is a significant relationship between the use of social networks and familiarity with waste separation, waste value, waste applications and environmental impacts of waste by the citizens of Tehran.

Profusion is one of the ethical vices in Islam and intellect and customary laws have confirmed its prohibition and indecency. Amid these, water as a vital element is one of the materials which are at the human’s disposal. Profusion means extravagance and trespassing the limit and waste means destruction as well. Knowing the concept of profusion and also waste will help noticeably to understand the obligatory and statuary prohibition which holds liability. The conceptual verses of the Quran contain the prohibition of profusion. Traditions are also divided into two categories encompassing phrases against the profusion of water. Some of them with the concept and some others with logic and clarity have considered the profusion of water as an unlawful action. The jurisprudential rules in use are the jurisprudence such as "La Zarar va La Haraj" rule: in Islam [being harmed and harming others], no waste or causing waste can prove liability for the profligate person. However, the fault with the above mentioned reasons is that waste and causing waste are on the other’s assets whereas it does not include the private assets. There is not an independent writing on the exiting documents related to prohibition or liability of profusion of it but there are more general decrees which are seen in practical writings. The results of this short writing are to prove the obligatory prohibition and liability of water profligate person. That is to say that the citizen cannot have excessive use of water under this pretext that they pay the cost of the consuming water and referring to the presented documents, the state can introduce the individual as a liable person.

There are two major viewpoints in jurisprudence concerning the analysis of the nature of delictual liability (ḍamān-i qahrī). One viewpoint analyzes liability based on mere damage and the other based on delictual exchange. What is meant by delictual exchange in regard to delictual liability is that the ownership of the wasted property is, by order of the judge, handed over to the perpetrator of the damage and the ownership of its substitute (badal) to the person who has incurred the loss. With this analysis, the delictual exchange of badal and mubaddal (substituted) is by the judge’s order, whose approval has significant impacts in the field of civil responsibility. For instance, according to this disposition, the components left over from the wasted property and the due rights belong to the perpetrator of damage, or in some instances that the usurped property is utilized somewhere and is valueless due to separation, the person who has incurred a loss merely deserve demanding its substitute and cannot ask for the very usurped property besides the damage. Similarly, acceptance of delictual exchange can be resulted in presentation of a new theory concerning the nature of ḥaylūla (lit. break or separation) substitute under the title of exchange of the inaccessible property’s benefits and the substitute.   

The Caspian Sea, sometimes the largest lake in the world, and sometimes the smallest self-sufficient sea of ​​land, is the largest enclosed land area, with the most valuable reservoirs of water and 80% of the caviar in the world, has ecologically and Biodiversity. After the collapse of the Soviet Union in 1991, all eyes were seized on the Caspian Sea and its newly independent states (Turkmenistan, Kazakhstan, Azerbaijan), and the lack of access to a single legal regime, as well as the lack of environmental monitoring of the surrounding countries towards this The legacy of this lake, like other waterways and seas in the world, faces a growing environmental pollution problem. The continued pollution of these landscapes will leave irreparable damage both internally and internationally. . The main question of the present article is: What is the role of international conventions in preventing the accumulation and recycling of Caspian wastes? The author intends to focus on the environment and waste of this important lake from both domestic and international perspectives on the basis of conventions And international environmental law, and provide solutions for addressing this national and international problem.