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

It is common in commercial contracts to contain the prohibition clause on assignment. Regarding the condition of prohibition on assignment of contractual rights in English law, two views have been developed. “The Property view” and “the Contract view”. The Property view gives primacy to the freedom of the parties to fashion the rights they bring into existence, so if they wish, they can extinguish the inherent transferability of this right. So, if an assignment happens, it will have no legal effect and will be void. But according to the contract view, prohibition on assignment merely operates at the level of contract and does not characterize contractual rights because parties cannot use contract to modify those attributes of contractual rights that the law of property gives to them. One of those attributes is that they are transferable. So according to contract view, a no-assignment clause doesn’t void the assignment, but operates as a matter of contract, conditioning the duty to perform so the obligation of the obligor to perform is executed only against his contracting party (assignor). In this view, in case of an assignment, the assignee will never have a direct legal relationship with the obligor. In Iranian law, there are three opinions about the prohibition clause; ineffective, void and Invalid against the obligor. “Void” seems to be compatible with the property view and “invalidity against obligor” is compatible with the contractual view in English law. Finally, due to the flaws expressed in the contractual view, we will come to the conclusion that the property view is more consistent with the prevailing legal rules, the real intention of the parties and the custom of the merchants.

In order to guarantee the position of women in society and family, various financial rights have been identified for women, and the purpose of this research is to recognize and explain the effects of these rights.

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.

Ethical Considerations:

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

A woman enjoys different financial rights due to the different positions she finds in relationships with others; Due to the aforementioned diversity and differences in the works, it is very difficult to present a classification for women's financial and economic rights. The classification of rights is very important in order to interpret rights and determine their territory, as well as solve issues related to conflict, conflict, silence, and summaries of laws and regulations.

The research results show that, considering the fact that the Islamic system was faced with many customs of the Arab society at the beginning of its emergence, which it was not possible to discard them. One of the available solutions was to adjust the aforementioned customs by forging new titles and adding examples of women's financial and economic rights. The model designed for women's financial and economic rights system in Imami jurisprudence and Iran's legal system is based on the protective model..

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.

Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to reparation  has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.

Hiring as one of the most important social areas in which the relationship between the tenants in the general sense with the hired in the general sense is defined below has always been a topic of interest to specialists in various sciences. One of the most important dimensions in this issue is the transfer of the right to hire from father to child, ie the replacement of a child instead of a father, for the employment of the employer and employment by the employer. In the event that applicants have the qualifications for having a job, profession and position exceeding the number of job vacancies, they have to choose between applicants. Now, in the situation where it is not possible to place a person on other persons who are qualified in one level, is it right that from the point of view of jurisprudence as a supporter of the expression of the verbs of human verbs, one can be right for a person whose father is engaged in a matter, Whether or not priority is given? In response to this question, two major facets can be imagined; First of all, this right can be left to the child in the form of a right or leave with regard to the salary, including the right of priority and therefore the child has priority in hiring. Secondly, this will result in the deprivation of other people from the occupation, and secondary titles, including injuries, are unfulfilled and the ruling will be changed. Or, in view of the interests that the ruler recognizes, in particular, in order not to accuse the Islamic system of inheritance and oppression, he can take such a right with a government order.