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

According to the theory of the autonomy of the will, human freedom and equality guarantees that the contract is fair and no one can refuse to execute the contract on the pretext that it is unfair or unjust.However, the proliferation of unequal contracts, such as labor and consumer contracts, has questioned the generality of this presumption and has led to protective regulations for protecting the weaker party of the contract.One of the important rules for the protection of consumers in the consumer acts of different countries is the possibility of removing unfair terms from the contract in order to re-establish a relative balance in the contractual relationship of the parties.However, the prohibition of unfair terms only in the consumer contracts is debatable, and It is a question that If there are such inequalities in the contracts between businesses, whether such terms should also be prohibited, or on the basis of the principle of contractual freedom and because of the commercial nature of these contracts, the contract should be binding on the parties, despite its unfair terms? In summary, it seems that prohibition of unfair terms should not be confined to consumer contracts, and if there are inequality in the bargaining power between the parties in commercial contracts, It seems necessary the prohibition of such unfair terms in these contracts too.

The jurists have divided the subject of trade into three categories in terms of Shari'a rulings, namely, Muharram, Makrooh and Mubah, which we are discussing in this article is Muharram trade, which is referred to as Muharram gains. And it includes earning with things that Islamic law has forbidden. In fact, in this research, by descriptive, analytical and critical study, one of the differences in the achievements of Muharram, namely the sale of the Qur'an, has been studied with an approach according to Allameh Hilli and compared with the opinions of other jurists A careful study of the opinions and principles of the jurists in this matter indicates that the issue of the sanctity of the sale of the Mus'haf is not well-known among the earlier jurists The opinion of the latter is both about the permission to sell the Mushaf and the sanctity that fame is by no means a promise. Contemporaries' views on the sale permit show a difference in this issue Allameh Hilli has a vote of invalidity regarding the sale of the Qur'an to Muslims, and in case of selling the sheet and cover of the Qur'an, which shows the similarity between Allameh Hilli's opinion and the jurists, he has given the opinion to sell the Qur'an, but he considers the sale of the Qur'an to infidels invalid So should be said that the correct opinion is to sell the Mushaf. The reasons for those who believe in sanctity a

Given the priority of economic activities, including employment in the general policies of the system and the slogans of the Supreme Leader in recent years, business activities are one of the most important research topics. The Supervision of the judiciary, as one of the basic levers in law enforcement, has a special role in overseeing the executive apparatus and improving the business environment due to its higher binding nature than other oversights. Among the various institutions of this branch, the Inspectorate General of the country has a more supervisory relationship with the executive apparatus, according to the responsibilities set forth in Article 174  of the Constitution and other ordinary laws. There are many gaps in the Supervisory of the National Inspection Organization on these devices, which as a result can have adverse effects on the business environment in the country. Accordingly, in this article, to improve the supervisory performance of the inspection organization in improving the business environment by recognizing the supervisory capacity of the organization and describing its supervisory challenges, solutions that can improve the supervisory quality of the organization and, consequently, facilitate the business environment. And offer lead work.