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

Media literacy education for users, or virtual citizens, is an indispensable necessity for individuals to effectively utilize the global Internet network and its components. A new form of education, which is evident in recent legal documents and approvals of the country, including the resolutions of the Supreme Council of Cyberspace, the Document of Fundamental Transformation, the Charter of Citizenship Rights, and the Plan for Protecting the Rights of Users and Audiences in the virtual space, is observed. The duty of the government to support the right to education, in order to realize the forty-third principle of the Constitution of the Islamic Republic of Iran, transforms the virtual citizen from a passive consumer to an influential actor in this space. Undergoing continuous and up-to-date educational courses and acquiring sufficient proficiency and skills, especially in times of societal inflammation, provides the necessary insight for the complete utilization of this space by the virtual citizen, ensuring their health and that of others, and ultimately guaranteeing the health of society. This article endeavors to introduce the elements contributing to the effectiveness of this important matter and the widespread role it plays in the positive and influential activities of virtual citizens. The precision of the legislator's consideration in managing and directing the optimal use of media and elevating it to a desirable level, due to the universal use of media in the general sense, is demanded in the legislative realm. It is necessary to clarify that in this research, media includes radio and television broadcasting, as well as virtual networks related to national media programs, which are established and active in line with their objectives and for engaging with audiences.

The legitimacy of Khul' divorce for the wife is an issue that has a precedent in Islamic jurisprudence and has been accepted in some Muslim jurisdictions based on some circumstances. Accepting this right in Iran law can prevent abuse of the right to divorce and the suspension of marriage. In this research, based on a library effort the possibility and requirements of such a divorce has been examined from a comparative point of view. The findings of the research indicate that the wife's strong hatred form her husband is the base of conferring a thing to him and disobeying from him due to the mental and emotional pressures that applied over her. In this assumption, obligating wife to this marriage despite her inner desire is considered a harm to her. In this regard, we cannot confer the right of divorce to husband as a special right for man so that even in cases which the wife is afraid of falling into sin, which that, leds her to a wandering situation. In such a situation, the law of many Islamic jurisdictions gives the wife a right to divorce without the husband's consent.the law of many Islamic jurisdictions gives the wife a right to divorce without the husband's consent.

Theorizing in law has been necessary, customary and useful. Civil liability, which is considered to include errors, is also one of the legal institutions that needs to be theorized from the beginning and especially now. The answer to the question whether all forms of civil liability in Iranian law and Islamic jurisprudence have common elements or not? It can remove the veil from an innovative theory about civil responsibility in Iranian law and Islamic jurisprudence and reduce its theoretical and practical knots, especially in the field of education, as well as its distance from the civil responsibility laws of other countries. The present article has come up with a descriptive and analytical method as an answer to the aforementioned question and with new descriptions and analyzes of the three pillars of civil responsibility in a special sense, i.e. waste and attribution, it has been found and proven to exist in other types of responsibility as well, so that in the light of it , the conflict between the theory of unity and the plurality of civil responsibility should be reduced in favor of the theory of unity.

Deputy commercial authority is one of the important topics in Iran's commercial law, which has not been discussed much. In this article, an attempt has been made to examine the responsibilities and obligations of the deputy commercial official in Iranian jurisprudence and law and French law.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical considerations: 

In the present paper, the originality of the text, honesty and trustworthiness are respected.

The findings showed that in Iranian jurisprudence, a commercial representative can be explained in the form of a lawyer. Both in Iranian law and in French law, the deputy commercial official in performing his tasks and duties, such as not delegating or appointing someone as a deputy for all the work of the commercial house, not obtaining secret interests and not disclosing the affairs of the commercial house, respecting the expediency of the commercial house and not having conflicts of interest. With genuineness, he is committed and responsible.

There is no special system regarding the civil liability of a commercial representative in the laws of Iran and in French law, and the general rules of civil liability, which are mainly based on fault, govern the civil liability of a commercial representative.

In Iran’s law, contrary to some other countries, judges are liable for faults or errors they commit in their professional duties. Principle 171 of the constitution, article 30 of the law of supervision on judges conduct and article 24 of its regulation, describe the right to and the course of claiming loss due to fault or error of the judge. Courts’ different interpretation of these articles in relation to manner and process of trial of such litigations resulted in issuance of unanimous verdict number 791 by the supreme court of Iran. In the writer’s opinion, this verdict cannot guarantee some constitutional rights of individuals. The mandate to follow the order of referring to superior judicial disciplinary court and then to public court, impedes accessibility of courts for individual lawsuits (Principle 34). Furthermore, if the writ of non-suit is issued for not following the order indicated by this verdict, procedure of trial will be more costly and time consuming for the plaintiff and also will create distrust towards the judicial system in general public. Therefore, contrary to the order indicated by the unanimous verdict number 791, it seems that not mandating to follow such order, will be more aligned with interpretation in favor of plaintiffs based on their constitutional rights.

The nature of the Mudarabah contract requires acceptance of benefit and loss at the same time, which has always been the concern of law and economics. The difference of opinion in the application of the guarantee condition in this contract and the different understanding of jurisprudence and its application in the law have limited the space for the effectiveness of Mudarabah. It seems that this dispute can be resolved in the context of the modern legal system and with the presence of the school of positivism, which has an emerging role in the subject laws, along with the generality of Muslim jurisprudence. In fact, the result of the interaction of the two schools is the reason for the implicit establishment of sovereignty that positivism refers to in the heart of the laws. This research reveals that the meeting place and the creation of disagreement in the discussion of guarantee conditions in Mudarabah, in line with the rules of the school of positivism, can be resolved by maintaining the ideals of legal and jurisprudential justice and economic efficiency. Therefore, the application of the law in attaching a new contract to Mudarabah is not necessary, and it is possible to explain the investment with the condition that the investor does not guarantee the damage to the capital in the form of identifying a new contract.

Today, compulsory insurance plays an important role in the economic and legal system of countries, and the current status of this institution indicates its high capacity to cover various dimensions of damage to people. Therefore, the importance and position of compulsory insurance is undeniable. Explaining the monopoly of compulsory insurance territory is very important in certain cases, and according to these explanations and foundations, a fundamental question is raised. This article examines the basics and scope of compulsory insurance with analytical and descriptive methods and relying on library studies. And it seeks to answer this question: Is the scope of liability insurance in compulsory insurance limited to the cases that are covered by civil liability in Iranian law, or should other cases be included? And this result was obtained that according to the principles that are mentioned for compulsory insurance, by presenting a new theory, in order to preserve and protect property and respect people's lives, cases that do not have a codified law of compulsory insurance in Iranian law can be examined. are. Therefore, it is suggested to establish a mechanism to require compulsory insurance in order to achieve a balanced interpretation of the compensation of the injured people.

Since the consideration of any civil liability requires the existence of a present loss and on the other hand it cannot be passively sought to compensate for damages upon entry. Therefore, the principle of preventive litigation to avoid damaging or reducing it, and the imposition of costs. This article seeks to answer the question of whether the laws and regulations of Iran subject to the use of jurisprudential rules and through the deterrent of civil liability "with emphasis on the French judicial system" can oblige individuals to exercise caution and prudence to some extent. That failure to adhere to these principles and rules would result in "even before the actual loss" claim for damages commenced? The findings of this study suggest that civil liability using legal and jurisprudential rules as well as the "positive approach of French judicial procedure" will be able to interfere with the allegation of violations of law and before the loss enters into force against the principal. Identification damages and thereby provide a legal basis for a lawsuit.

The warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a type of damage and condemn the abandonment of the action to civil liability. The present research has organized its discussions with the descriptive-analytical method based on the hypothesis that if the omission of officials leads to the death of people, it will be covered by the guarantee of execution. The conclusion of this research is that, although there is no chapter in Iranian law about the omission of officials due to the passing of time, there are examples such as mudaraba, jaala, delay in crisis management and delay without legal and justified reasons in issuing business licenses, and so on. .. It implies the civil responsibility of the officials, leaving the verb. In addition, from a jurisprudential point of view, rules such as non-harmful, wasteful and vindictive, reprimanding the usurper, respecting inalienable property and justice, indicate this type of responsibility.

Since a century ago, following the anti-nature of many self-interested people who do nothing to destroy God's gifts, movements and efforts by groups and individuals who have more foresight They have started. One of the categories that does not need much reasoning is the limitation of natural and environmental resources, whose destruction can never be compensated. Based on this, in this article, firstly, different points of view on the necessity or non-necessity of compensation for environmental damages and the arguments of the parties have been proposed and examined, then based on Islamic law, the evidence of the necessity of compensation, which consists of the rule of The respect of property and the glorification of benefits have been examined briefly. In examining the necessity or non-necessity of compensating damages using selected theory, the nature and characteristics of environmental damages including long-lasting, gradual acquisition of some, irreparableness of others, and the contagiousness of damages are mentioned. has been Paying attention to rational and rational foundations is one of the evidences that confirm the compensability of environmental damages. The principle of paying attention to sustainable development and the polluter's responsibility and the rights of future generations are among the principles of environmental damage compensation that have been addressed.

  Civil responsibility has three elements: damage, harmful act or fault and causal relationship, taking into account that all three of these elements can be dependent on custom in any way. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

This paper is descriptive and analytical and library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness are observed.

The research findings indicate that By examining the general rules of civil responsibility conceptually, as well as the theories appropriate to Iran's legal system including the two theories of fault and risk, custom as a criterion of diagnosis and reference rule is proposed in the general rules of civil responsibility. Therefore, as a legal source based on the law, custom can complement and interpret the will of the legislator and cause its dynamism, because it is not possible to adapt all instances of error to the text of the law due to its wide range and diversity.                                                        

the customary nature of civil responsibility is acceptable as a legal principle. Therefore, the use of independent customs along with laws, reliable sources of jurisprudence, fatwas of jurists and legal principles in cases of silence and absence of law is effective as a factor in improving the process of compensation for damages and preventing confusion in the judicial system. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

Since 2016,Article 24 of the Law on Permanent Provisions of the Country's Development Plans and before that Article 107 of the Law on the Fifth Development Plan have been considered as the source of identifying the economic interest group in the Iranian legal system. The institution,which according to the mentioned article is considered as a partnership without legal personality,has a framework and rules for formation,management, liquidation and liquidation. In this article, after examining the history of legislation on this institution in the country and comparing it with other similar concepts,by descriptive-analytical method,the provisions of this article are analyzed solely for the administration and management structure of this and based on jurisprudential and legal rules. And its various dimensions, including the members' assembly and its rules,group management and related issues, and finally the profit and loss of the group's activities and how it is divided,examined and explained, and tried to address the ambiguities of the article with Reasonable analysis should be compensated according to the rules of the company contract subject to civil law and general rules. Also, in each section and as the case may be,Council Regulation on the European Economic Interest Grouping and the French commercial law have been mentioned and compared.

Non- profit damage is one of the complex and controversial issues in Iran's legal system that disputes arise from Note 2 of Article 515 of the Code of Civil Procedure 1379; The enactment of the Criminal Procedure Code of1392,which in Article 14 and Note 2,there are changes compared to the previous law,Not only has it not removed the ambiguity, but it has added to it.In order to remove the existing ambiguities,first of all, non-profit Must be analyzed in jurisprudence And with a new perspective on the concept of property,benefit and profit, we must examine the issue that the damage to non-profit(profit)is guaranteed?Is it a non-profit property that is wasted?Why in Note2to Article14, is the only loss of possible benefits guaranteed?This research examines these issues with a library tool and with a descriptive-analytical method.Using the available data, property can be divided into1-identical 2- benefit 3-potential benefit 4-imaginary benefit and assumed the properties that are in the property of individuals in four forms:1- existing,2- potentially existing; in the view of actual custom, 3- potentially existing; and in the view of extinct custom,4- extinct.Non-profit or the same profit in the sense of fictitious benefit of property is not assumed and therefore, can't be claimed. On the other hand, loss of potential benefit and benefit, in the case of existing potential benefit, in the case of extinct custom in terms of non-validity of property, Does not create a guarantee, and in the case of existing potential benefit (in the view of actual custom), in the sense that custom's property applies to the guarantee. Note2:Article 14 of the Code of Criminal Procedure seeks to express the possibility of losing the existing potential benefit and in the view of actual custom, and mentioning the loss as a means of guarantee is included in the prevailing case.

The difference in nature of the cyberplace (virtual space) with the real world requires the change of concepts and elements of some legal topics and issues as well as the related terms of the field. Among such issues and topics is the field of civil liability. The actualization and imposition of civil liability is contingent upon existence of three pillars namely imposition of damage, existence of harmful act and existence of causal relationship. Each of the mentioned three pillars carry specific meaning and have specific characteristics in the real world. The purpose of this article is to investigate the necessity of existence and identification of these three pillars in the cyberspace and then try to explain the characteristics and boundary constraints as well as the ways of identification and determination of the same. The result is that the loss in the cyberspace has a narrower definition compared to that of the real world and the ability to predict the type and amount of loss is not a condition for realizing the liability the individual inflicting the loss. Harmful actions in this respect can be realized in the form of the four sources of the civil liability mentioned under Article 307 of the Civil Code. Furthermore, the Causality Relationship in cyberspace will lose its dependance to custom or tradition and the Causality Relationship and its realization and determination will depend on the technical characteristics of the field. In this regard, analysis and focus on the cause of the loss rather than the harmful act will be a better way for proving the causality.

Company activities are aimed at sharing the property in order to make a profit. Losses in such activities are inevitably due to the existence of a risk in commercial affairs. About the division of profit and loss, the general rule is that each partner contributes to the proportion of its share in the profit and loss of the company. But it is always a different division, the partners ' opinion is placed in the business companies, and some partners may even enter the company with the condition that they have a greater proportion of profit or do not hurt them or the profit and loss will be imposed on one of the partners. It is also possible to review more profits against more work or less losses in exchange for more activity. This article will discuss the accuracy and invalidation of these terms in Iran and French law.

in the legal system of iran, the principle is that the legal reference to the criminal cases and the criminal court will be considered criminal cases. but sometimes, because the criminal court is in full criminal case and damages and also in order to prevent prolongation of the proceedings and to impose additional charges on the loss of crime, the criminal court proceedings are prescribed to the case against crimes caused by crime. the procedure and legislative trend of the litigation plan have different stages in the criminal court which shows serious attention and study in this regard. therefore, in this paper, in response to the question of what is the specific procedure in the criminal procedure of criminal procedure in 1529? in order to study and explain the concept and the nature of the loss and loss of crime, we try to investigate the procedure of the legal change in criminal courts as well as the conditions and how to sue the criminal procedure of criminal procedure enacted in 1529 and judicial procedure. accordingly, if the private prosecutor did not submit to the criminal case when he submitted to the criminal case, it would be the right to plan his private case and enjoy the benefits of the criminal lawsuit.

Nowadays surface runoff pollution as a crisis of human societies, has forced most countries to seek legal solutions to solve this phenomenon, the most important of which is the establishment of civil liability in this area. Although, according to economic analysis, compensation can not have much effect on optimal deterrence, nevertheless, its effect on reducing water pollution can not be denied.This study, after a comprehensive review of available sources and then analyzing the findings, has concluded that the mere existence of pollution causes harm, so it is sufficient to determine the causality relationship between the pollution and its actor in order to establish civil liability; In addition, the government can be held liable for damages, both in terms of supervision and ownership, and by providing a broad interpretation of the concept of "beneficiary", it can be said that NGOs are considered "beneficiaries" in making such claims and assuming victory in litigation, compensation can be used for sustainable development.Finally, according to the model of sustainable development in the economy, the production of goods is not only a subordinate of labor and capital, but must also be considered in the production process, materials and environmental goods such as water. Therefore, from the perspective of environmental economics, water pollution is considered as a cost of production or consumption, and the higher this cost, the optimal production and economic growth will not be a subordinate of sustainable development.

Human beings have different spirits and variegated wants and needs and they are constantly seeking to accomplish what they call their ideals with one of the scientific methods of doing so being implementable within the format of transactions. Therefore, when attention is paid to the transactions, it is seen that contracts and transactions serve various intentions; some intentions just look for profits such as when selling something and some others consider benevolence and charity such as when lending something; and, also, in some of the transactions, there is this possibility of sustaining losses such as in sales but there is no risk of sustaining loss in some others like trust. In some of the contracts, it is necessary for the contracting parties to have knowledge otherwise loss may be incurred following which a person may sustain a loss of a type and losing is intellectually and canonically detested and, resultantly, the contract can be revoked or compensation might be demanded etc. Of course, it is not necessary in some of the contracts for the contracting parties to have special knowledge such as in endowments and alms for the reason that these contracts are flexible in respect to the lack of knowledge and the subsequent losses. The present study uses a theoretical grounded theory method of research. It has been codified based on a descriptive-analytical method, as well. The study tries investigating perspectives of Imamiyyeh jurisprudents from the antecedent to the subsequent figures; Iranian jurists’ notions will be also examined along with it. The result is that it is necessary to have knowledge when entering a transaction of course, knowledge of various contracts is usually accompanied by different case-specific consequences. For example, it is necessary for a transacting party to have detailed knowledge without which the contract has.

Sometimes after the accident occurs, the insured or the injured party due to the possibility of avoiding the accident or reducing the harmful effects of the damage caused by the accident, however, does not take action to perform the said act. The question that arises here is whether the insured or the injured party had a legal obligation to perform the act of avoiding or preventing the development of damage or not? What is used from the provisions of Article 15 of the Insurance Law is the sum of the obligations that the legislator has assigned to the insurer, but if the injured party has a percentage of fault or negligence and the accident occurs, what percentage of this percentage of fault creates the insurer's obligations. As we know, in fact, the insurer compensates instead of the loss factor. Now, if the loss factor and the injured party both have a degree of fault or negligence or laziness, does this relationship spread to the extent of the insurer's obligations or not? It seems that in Iranian law, the victim is obliged to prevent the spread of the scope of damages, and referring to some jurisprudential rules indicates this. With this preamble, the victim must also take measures to prevent the spread of the damage, otherwise, to the extent that the spread of the damage could have been avoided, the liability of the loser would be reduced to compensation, and in the first instance, the insurer's obligations Is affected.

The realization of the civil liability requires three pillars: the pillar of loss, damaging action and the causal nexus between the damage and the incident (causation). The “loss” element is more important than the others. Generally, law views “loss” compensable when it has certain conditions and criteria as in the Iranian legal system “the direct loss” and in English legal system “loss being too remote” is of the conditions of the recoverable losses which have been introduced. In the Iranian legal system if a harm and loss in indirect way and through intermediary is caused injury to a body or property it is not recoverable and its reason is there is doubt in attributing the indirect loss to the agent of loss. The approach of The Iranian legal system and English legal system to the indirect damages is not the same. The concept of indirect loss in the Iranian legal system relates to the pillar of causation while in English law has a close relation to the reasonably foreseeable principle. In the Iranian legal system, it is a principle that indirect loss is not recoverable but in English law in most cases is recoverable. Meanwhile determining the position of indirect loss the present paper has propounded the possibility of the compensation of indirect loss under some certain circumstances in the legal Iranian system.