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

Withdrawal from ignoring the property, which means cancelling the legal action performed based on the principle of freedom and the governance of the human will, is the right of every owner, and the religious legislator has recognized it with conditions. Because of exercising this right, the ownership of the ignored property will be again for its first owner. The main purpose of this paper is to answer what are the effects and rulings of ignoring the property. It is an answer that satisfies the society's expectations from Islamic jurisprudence for such disputes by resolving the disputes between the ignorer and the receiver of the property. Therefore, to achieve this goal, the paper was conducted in a descriptive-analytical method. The finding of this study based on the arguments is that it is permissible only in some of its forms to withdraw from ignoring the property as a unilateral legal act such as a contractual will. That is, this unilateral act is permissible and reversible only when no one has taken possession of the ignored property, but in case of seizure or possession by others, there will be no possibility of withdrawal of the first owner. The finding of this study is to solve some social conflicts when there is a difference between the first owner and the recipient of the property during the conflict of interests. . Another result is the clarification of the ruling on property ownership, which has been left undecided due to withdrawal from ignoring and has been removed from the economic cycle of the society.

The correct saying about the ruling on abortion is before the soul is breathed in, which is the prohibition unless there are permissible reasons for abortion that are permitted by Shari’a.

There is an important discussion among jurists on how to order about postponing debtor that requires a careful look at the prorogation, an examination of the correct meaning and an explanation of its judgments and effects. Proposing a critical-descriptive method and stating a clear definition, the present article seeks to approach this view that a postponing debtor is the one who postpones his debts by hiding his property and not presenting it to the judge for sale and payment of his debts. This definition does not apply to the debtor with an overt property who only refuses to pay his debts. After expressing the exact meaning of postponing debtor, the study divides prorogation into three types of prorogation in real estates, property and rights. However, by prorogation in the words of jurists, it is meant financial debt. Therefore, in order to punish a postponing debtor, the ruler should first blame him in language. The next step is to punish him with beatings. And then if he continues to insist on prorogation, he should be imprisoned until he pays his debts. The ruler or the judge can also add some additional effects to this matter such as his legal privation, prevention of his traveling, not accepting his testimonies, and receiving damages due to prorogation.

A contract or transaction with oneself is a legal situation in which a person performs a legal act alone but with two credentials and with a dual role (cause and effect). The nature of the transaction is the contract itself, because two essays as a representative of two reciprocal interests can lead to a compromise, even if it is issued from one will. There is a difference of opinion among jurists and jurists about the legitimacy of the transaction, but the famous person believes that the transaction is valid from a general point of view and allows unity of cause and effect in a single person. Recognized. Due to the differences in the nature, causes and effect of the transaction between the jurists on the one hand and the jurists on the other, the author intends to analyze and analyze the issue of the transaction with himself in a descriptive-analytical manner.

The position of the contract that is obtained for the parties to the contract is transferable in some cases, so that one of the parties to the contract leaves his position to a third party and withdraws from the contract, which means that the transferee replaces the contracting party and has (enjoy) all the rights and obligations arising from the contract for the contracting party. One of the contracts in which the legislature has provided for the transfer of the contract is the lease. When the tenant transfers the lease to a non-tenant, the rights and obligations arising from the contract are transferred to the transferee (new tenant) and the new tenant replaced by the first tenant. Regarding the transfer of the contract; The Law on Landlord-Tenant Relations, enacted in 1997 (tenant and the landlord act Relations of 1376 in the Solar Hijri calendar), has a similar view in accordance with the Civil Code, but the Landlord-Tenant Relations Act, enacted in 1956 (1356 in the Solar Hijri calendar) has provisions considered by legislator which are contrary to the provisions of the Civil Code, in such a way that considers the transfer of a lease to a new tenant is subject to the stipulation of this right in the contract and the permission of the owner and the contractual silence is not permissible to do so. The jurists believe that if the tenant has not been explicitly permit to transfer or deliver the benefits to the tenant and we doubt whether the tenant can transfer the leased interest to a non-transferee, the fact that the condition for obtaining a benefit (executing an interest) has not been conditioned is seemingly that there is no argue for the permit of transfer. The most important effect of the transfer of the lease is the right of the replacement of transferee, in which case the rights and obligations of the original lease are granted to the new transferee. Therefore, two important effects of a lease contract are the transfer of rights and authority and the other are the obligations arising from the lease. The present article examines the conditions and the effects that this transfer has on the relationship between the landlord (lessor), the tenant and the new tenant, and considers this to be possible on the basis of the contractual position and considers an independent legal nature for it.

the scholars of Islamic denominations are not agreed upon the true meaning of the term “Nikah” (marriage). The preponderant and superior opinion among Islamic jurists is that the word “Nikah” (marriage) in fact means legal contract. The proponents of this view have relied on Quran, tradition, and reason to prove their theory. This group believe that marriage means legal contract in the Qur'an in all verses. In contrast, a group of jurisprudents consider the meaning of “Nikah” as sexual intercourse (Waty) and another group believe that it has both meanings, i. e. intercourse and legal contract. Some jurists have also said that it means “Dham”. Each of these groups have cited proofs for their theory from Quranic verses, traditions of the holy Prophet (pbuh), and rational reasons. The acceptable proposition is the promise of the first group, since copulation and Waty (sexual intercourse) is obscene, and it is considered immoral. Also, in the holy Quran, the word has merely been used to refer to the meaning “legal contract” and the authenticity of the denial of the meaning of Waty (sexual intercourse) implies the metaphorical use of Nikah in the sense of Waty. Disagreements on the matters such as testimony in marriage and the creation of Mahramiyyat due to adultery are the results and effects of disagreements in this discussion.

The proofs presented to the court of justice for proving or defending a legal case, if proved effective, have certain impacts that the necessity of knowing them in order to timely use the “proof” in legal procedure and success in it cannot be ignored. Among these proofs is the oath of knowledge denial, which due to the silence of the legislator and the jurists’ diversity of views, studying its outcomes requires further in-depth consideration to achieve the above-mentioned propositions. The oath of knowledge denial is in fact a decisive (battī) oath that can comprise of specific effects on the claim of knowledge and the main claim. Similarly, in case of refusal, it can have considerable effect on the claim in terms of rejecting the oath and swearing rejected oath by the claimant. Also, by accepting the existence of some similar effects between the oath of knowledge denial and other types of oath, the exemption from swearing a decisive oath and the non-provability of the main claim by swearing is considered to be among the specific effects of the oath of knowledge denial.

After industrial revolution in nineteenth century, some amazing improvements appeared in scientific field. Outbreak of these improvements in world society created a lot of new problems and made jurists to find solution. One of these accessions is firm offer. So about the effect of firm offer in the opposite of some jurists and lawyers we should say, offer is an unilateral juridical act that it doesntcreate any obligation for offeror, and he can withdraw of his offer in every time before acceptance. it means, it doesnt make any obligation, merely, by binding the offer with limited time. Unless, the offeror has extincted revocation right impliedly or expressly. So, about the tortious liability of withdrawer only by resort on the rule of la-zarar (or causing loss and damage is prohibited in Islam, through abusing one's own property) ÜÜ according to this point that rule can be able to create ordinance ÜÜ under some circumstances is obliged to compensate for another party's losses.

After the revocable divorce (raj’i), until the husband has the right to take back the wife, the woman and man have a special legal status from the legal point. From one side, the divorce has established but it seems that this divorce has no effect in the relationship between husband and wife and both have rights and duties toward each other. From the other side, if man does not use his right to take back the wife and the period of it comes to end, the divorce has put its impact and results separation. In Islamic holy law and consequently in the positive law of Iran, during this time which man can take back to his wife, man and
woman have rights and duties toward each other. Because of these duties and rights, some Islamic jurists think that the divorced woman is considered as the wife for the man and there are no differences between the divorced woman and wife. Therefore, all effects and ordinances related to the wife are for her. Some other jurists believe that she is his wife but some rights and duties of wife extend to her. Each of these attitudes has its special consequences for the divorced woman. After studying, investigating and thinking and with regarding faults for each ideas, in spite of being accepted by the law of Iran and with paying attention to articles 1120, Article 8, clause 2 of the non-litigious jurisdiction act and Article 38 of Iran’s Family Protection Law codified 1392, it seems that the legislator has accepted the attitude of the divorced woman being the real wife based on ruling. But the divorced woman being the real wife is close to reality and expediency in both effects and the reasoning of such ordinance from the view of the holy law giver which are the coherence and disruption family system.

In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects. In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects. In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects.