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

The conclusion of certain juridical acts is not merely subject to substantive rules; also some formal conditions are required for that juridical act to be recognized as valid. One of the most common of these acts is a will, the validity of which in most legal systems is also subject to the observance of formal conditions. On this basis, the conclusion of a will is not merely adherent to the willing of the testator, and some formalities have been drawn up to adjust it. In Iranian law, after enactment of the Code on How to Adjust a Testament and Probate Code, and in American law, according to the Wills Act and the court ruling in Pavlinko's case, observance of formal conditions in adjusting the will is undoubtedly necessary and its sanction will be invalidity of will; which is known as strict compliance requirement. However, strict compliance requirement in both legal systems is not immune to opposition, and the desire to deviate from it has always been developed in the mind of a group. Hence, the most important question arising about strict compliance requirement in these two legal systems is whether it is possible to deviate from strict compliance requirement in the will or not? In this article, through the library method, the hypothesis is proved that although paying attention to the functions of strict compliance requirement in the will requires strict compliance requirement as a principle in the will and deviation from it is possible only if the intention of the testator has been correctly established in court, the analysis of Iranian and American law shows that due to the ineffectiveness of alternative theories of strict compliance requirement, the possibility of deviation is ruled out.

Today, the media have a special position with their specific and influential functions on the society. The role of the media in influencing culture, society and politics has turned them into the most effective factors of order, social security, solidarity, participation, etc. Therefore, in this article, "the role of the media in reducing political and security crimes" was investigated with a descriptive-analytical and library method. The conducted investigations showed that the media can play an important role in reducing security and political crimes at the community level with functions such as awareness, information, clarification and disclosure, culture building, etc. If the media works correctly in the direction of society's culture, awareness and culture building, it can promote human values, order, rule of law and social security and prevent many crimes from happening in the society. The experiences of media education have shown that persistent social problems, political crimes, and threats to social security can be reduced through public education through media.

Nowadays, in the field of inventions, the importance of the claims in the declaration is not hidden from anyone. In other words, the beating heart of a patent application is the claims contained in a declaration. Despite the importance of the claims, the Law on Patents, Industrial Designs and Trademarks, approved in November 2007, does not define the claim. Also, the law does not specify rule about how a claim should be written in the declaration, how the claim should be interpreted, why the claim was written, whether or not the inventor should write the claim, and the types of claims and other issues. Therefore, it is necessary that the claim, the function and also the types of claims be ruled by the legislator. Therefore, in this article, with the Analytical and descriptive method an attempt has been made to study position of the claim and the subtleties of claim writing, which have a great impact on the acceptance or rejection of the patent application by the relevant experts, and in this way the importance of correct linguistic signs And choosing the right words can not be neglected. Therefore, it is suggested that in the draft proposal for the protection of industrial property, a part of the law be devoted to the subject of the claim and instead of the characteristics of the claim, the intrinsic elements of the claim be mentioned.

Islamic jurisprudence, according to the most famous definitions, is the science of declaring the precepts and inferring them from their proofs and jurisprudential sources and textbooks of this field of Islamic sciences have, undoubtedly, spared no effort in declaring the religious precepts and their proofs. However, the experience has proven that for precepts to be enforceable, sustainable and flexible in various social and historical contexts, the proofs alone are not sufficient and it is also very important to state the reason of precepts and the manner of their application. Unfortunately, in jurisprudential works, especially, Shiite sources, due to fearing of distancing oneself from devotion to divine precepts and falling into the trap of analogy and arbitrary inferences, not much attention has been paid to these two categories. The present research, in order to increase the efficiency of jurisprudential sources and strategizing the studies of this field, attempts to prove the necessity of dealing with these two categories and the consequences of ignoring them in sources and textbooks, through mentioning real examples and instances as two important strategies for increasing the efficiency and effectiveness of jurisprudential texts and at the same time, note the disadvantages of excessive etiology and methodology of precepts.

The council institution was established in various structures of the three branches of Iran's constitution and specific institutions such as the National Security Council and the Expediency Council. This shows the high importance of this institution for the legislative power. In discussion of the council’s functions, it is understood that this institution cannot be limited to one function (regulatory or advisory). Council has all legislative, regulatory and advisory functions in the legal system of the Islamic Republic of Iran regarding its situations. So in this paper, to prove the mixed function of council institution, after defining the council concept, its legislative, regulatory and advisory functions are examined in laws and regulations and Islamic Republic of Iran.

Legislation in specific sense, is a functional that is the legislature power's exclusive jurisdiction. But in the legislation in general sense, this function placed in authority of the various institutions, because of social and political realities. In the Islamic Republic of Irans legal system, according to Article 58 of constitution, legislative power apply via parliament. But along with parliament, other institutions have competencies in the field of legislation. Local councils is one of these institutions in accordance with principles 6 and 7 and of chapter VII of the constitution. Guardian Council in their views, limited's the function of this institution to supervision. But in In cases such as the “establishment, functions and elections of Islamic councils and municipal elections Act” and the “VAT Act”, recognizes the legislative function by adopting a broad approach to the interpretation of the constitutions articles that related to local councils, implicitly. Also the court of administrative justice , based on legislation in this area, with excepting this function for local councils, take some limit in this connection.

This article presents a more human, dynamic, and holistic perspective of cultural heritage, closely referring to the currently observed changes in its conceptual development. It argues that the conceptual focus of cultural heritage has shifted alongside three interrelated and complementary directions: 1) from monuments to people; 2) from objects to functions; and thus 3) from preservation per se to purposeful preservation, sustainable use, and development. Conclusions are drawn in favor of an adequate reexamination and readaptation of the conceptual framework of cultural heritage, based on accepting its new functional socioeconomic dimension and integrating multiple perspectives from a variety of academic fields.