جستجوی مقالات مرتبط با کلیدواژه "civil law" در نشریات گروه "مدیریت"

Guarantee is one of the fundamental institutions in the field of civil law and, of course, commercial law and especially in subject to commercial documents. Meanwhile, due to the silence of the commercial law, a dispute has emerged in Iran's judicial system in association with the method of guaranteeing in commercial documents. Of course, it should be noted that there is no doubt about the validation of guarantee by means of a sponsor signature, that’s so lame. Therefore, in this research, we are trying to answer these questions: 1) How far and under what circumstances, oral warranties in commercial documents are acceptable? 2) If oral warranties are accepted by the judicial system, is this defendable in the field of commercial law or civil law? The hypothesis of this research is that, the guarantee in commercial documents can also be done by verbal speech, provided that it can be proved, and it is defendable in the field of commercial law. This research is based on the qualitative and quantitative methods and not only it studies legal provisions about guarantees in the field of civil and commercial law, but also it examines the existing conflicting procedures.This article will be presented in two main sections: The first part deals with the basic concepts and the other part examines the nature of the guarantee in the commercial documents.

Insurance plays an important role in improvement of economic conditions by enhancing mental security, confidence and fair distribution of adverse effects of risks. Since the introduction of this industry to Islamic countries, Takaful has been suggested as a substitute for conventional insurance. Public participation as both the insured and the insurer is the most important factor that incentivizes people from different countries to work in Takaful insurance. In addition, the insureds benefit from profits of investments of Takaful funds. The main issue of this research is to study the legitimacy of surplus and the legal principles of its foundation. The technique of this study is documentary research; we have tried to analyze the issue that the surplus of profits rewarded to participants in the insurance activities of this type has legal basis according to the inclusion of Takaful insurance in the form of gifts and article 10 of civil law.

This article tries to study the relationship between social security law and civil law. it explains that although their theoretical fundamentals contrast one another, these two fields of law complement each other in a way that social security law has turned into a helping hand for civil law in the cases that the former had already lost its social functions. On the other hand, civil law is considered the mother field of law; therefore, social security law refers to civil law and is subject to it.