جستجوی مقالات مرتبط با کلیدواژه « Financial law » در نشریات گروه « علوم انسانی »

Transparency in international law refers to the accessibility of information about decisions and actions of the parties involved in international economic relations. In spite of existence of principle in various aspects of international economic law, its nature and content remains ambiguous. So, the question is whether transparency can be regarded as a binding legal principle. The present article through a descriptive-analytic study shows that transparency as a legal principle is a fundamental principles of international economic law that can be seen in state practices and international case laws. It also has all features listed for a legal principle. Thus, this concept can be recognized as an obligatory principle in various areas of international economic law, such as international investment law, international trade law, international monetary and financial law, and International commercial law. But, it should be considered that positivist approach to international law appears as an obstacle to implement and exercise of the principle in all detailed sub-division of above-mentioned areas.

This study was conducted with the aim of designing the financial legal model of capital changes (increase) of public companies in Iranian and British law. The research method of the present study is mixed and it is done with two types of qualitative and quantitative (mixed) approaches. In the qualitative part of the research, in order to collect data, interview questions were developed. In the following, the ISM questionnaire was used. The statistical population of the research included 10 qualified experts who were selected using non-probability and purposive sampling method, and in-depth and semi-structured interviews were conducted with them. The first step of the current study was using the qualitative analysis method (interview editing approach, summarizing them and interpreting concepts and words) to identify the main and subcategories of the research. Then, in the second and quantitative part of the research, the modeling method was used. Structural-interpretive and MICMAC software were used to identify the causal relationships between the main research categories. By extracting the main and sub-categories of the research using the results of the qualitative analysis of the theme and the ISM method, the final model was presented. In total, the pattern obtained consists of 10 main categories. The results of the research showed that the capital structure has an effect on short-term debt, equity and long-term debt. The aforementioned variables also affect the company's behavior in financing operations. The behavior of the company affects the lease and bank loan, long-term debt and bond issuance and further affects the risk management. Risk management also leads to the increase of capital of public companies. In the same way, the amount of influence on the next levels is reduced and the variables of the same level, that is, have mutual interaction with each other.

The Iranian State Monetary and Banking Act of 1972 has adapted progressive laws of European countries in the structures and organs of the Iranian Central Bank. In its other part, this Act has dealt with banking operations, the procedure for establishment of private banks and the criteria for their operations, similar to the banks in European countries and the United States. Nevertheless, the Parliament draft bill on the Banking of the Islamic Republic of Iran was put on the agenda of the public session of the Parliament in August 2022 and approved some of its confusing articles with the extreme limitations of broadcast of the debates by the Voice and Vision of the Islamic Republic of Iran, the state radio and television. Those who are handling the draft bill and have no legal expertise and are in fact after abrogation of the State Monetary and Banking Act.The legal interest and its rate which have been adopted in valuable legislations during the modern period of the Iranian judiciary have distinguished the legal concept of interest from “usury.” Towards the international banking system, Iranian banks have also been able to perform their duties in accepting deposits of the people and payment of bank loans. The so-called, “Free Usuary Banking Operations Act,” passed in 1983, with reactionary attitudes and ignoring the separation of the legal concept of “interest” from “usury” and the legislative achievements of Iran after the Constitutional Revolution of 1907, brought to disarray the provisions of the banking part of the State Monetary and Banking Act. The superficial and impractical provisions of the 1983 Act broke down the demarcations of the specialized banking operations, which paved the way for the wide scope violations of Article 34 of the State Monetary and Banking Act, barring the banks to enter into real estate transactions, purchase of shares in commercial companies and engage in entrepreneurial activities. The banks and non-banking credit institutions having entered into real estate and tower building business, the living environment of the big cities has been destroyed and the capital of the banks has become inaccessible for production and creating employment.For the protection of the rights of the people and security of their deposits, banks in all countries operate under constant supervision so that they would not exceed from the scope of their specialized functions and duly comply with the standards. However, the proposed draft bill, put on the agenda of the Parliament last August, wants to legalize the operations of non-banking credit institutions and allow them to enter into the scope of activities of the banks. For years, this kind of institutions has imposed heavy losses on their depositors and the former president of the country in response to their protests has unduly paid huge amounts of money from the national capitals for compensation of the losses of the depositors of such institutions, which itself is an illegal appropriation of state properties and amenable to prosecution.Finally, the sponsors of this draft bill are pursuing to extend the disarrayed provisions of the Free Usury Banking Operations Act to the jurisdictions of the Iranian Central Bank and thereby also bring to disarray the valuable provisions of the State Monetary and Banking Act on the part concerning the Central Bank. For this reason, five former governors-general of the Central Bank, being concerned about it, have requested that the proposed draft bill on Banking of the Islamic Republic of Iran be excluded from the agenda of the Parliament. I also have dealt with some of the principal criticisms of the draft bill in this Article and have proposed that the draft bill be excluded from the agenda of the Parliament. If there is a will in the government and the Parliament for updating the State Monetary and Banking Act, they must benefit from the assistance of legal scholars, law schools, those involved in the organs of the State banking system and the modern and progressive monetary and banking laws of other countries such as that of France.

One of the most important needs of human societies is the desire to evolve and achieve welfare and facilities that are made possible by trade exchanges. These exchanges are not possible except with the mechanisms of international law in the commercial and financial sectors. With the expansion of such cooperation, the need for international laws and regulations in these two sectors has increased every day to the point that even the domestic laws of countries to facilitate trade have become a function of international law. In this research, international financial law and the challenges of its implementation along with the role and position of financial law from a jurisprudential point of view have been studied and a solution has been provided using the antagonism perspective. Conflict in Islamic jurisprudence means being between two interests, and naturally these two interests are for the society and based on the needs of the day. In this research, international financial law and antagonism have been studied and the position of each of them in the international system and Islamic jurisprudence has been pointed out International) with Islamic jurisprudence from this point of view

Cryptocurrencies is a class of digital asset that is controlled using cryptographic algorithms and often works in a decentralized manner. Some experts believe that cryptocurrencies could be the future currency or international money. Therefore, cryptocurrencies and related technology might disrupt many things, including finance and law. Fiat currencies derive their authority from the government or monetary authorities. For example, the Federal Reserve back-stops each dollar bill. However, Cryptocurrencies are not backed by any public or private entities. Therefore, it has been difficult to make a case for their legal status in different financial jurisdictions throughout the world. In order to determine the positions, capacities, and challenges of cryptocurrencies in international monetary and financial law, it is necessary to first analyze the status of cryptocurrencies as money and then examine the position of cryptocurrencies in the International Monetary Fund as well as some other international financial organizations. Monetary and financial organizations have had different positions towards cryptocurrencies. The International Monetary Fund has done little more than encouraging the use of government cryptocurrencies. The position of international financial institutions has also been different in this regard: from the pessimistic approach of the Bank of International Settlements and the European Central Bank to the organizing approach of the Financial Action Task Force, as well as the passive approach of the World Bank Group. It seems that in order to use the benefits of cryptocurrencies (such as blockchain technology in international transactions) and avoid the problems caused by them (such as currency instability and financial crimes), it is necessary to complete and strengthen the international monetary and financial law system in this regard.

The financial rights of the couple are affected by the customs and conditions in which the couple lives. Accordingly, the purpose of this study is to examine the position of custom in determining the financial rights of couples from the perspective of Imami jurisprudence.

To investigate the present issue, a descriptive and analytical method was used, relying on Islamic jurisprudential and legal documents and sources.

Building a life together based on love, cooperation and self-sacrifice. In order to achieve these original and fundamental criteria, we need to consider the changes and changes in law, duties, and consequently the legal system in Islamic society, which is called custom.

The present study has been made possible by considering ethical considerations such as accuracy in sources and scientific references.

Establishing custom means the importance of regulating rights and duties in the family system, paying attention to temporal and spatial conditions, not going beyond the universal standards of Islamic law, and prioritizing the sanctity of the family system and the couple's life over minor matters.

This paper compares the wife's financial rights in Iranian family law with French law and concludes that according to the existing laws and changes that have taken place and the variety of lifestyles, nowadays the wife's financial rights in the family such as ojrat al-methl (equivalent remuneration) and alimony as well as dower do not create a fair economic relationship between couples. Therefore, although the enactment of such laws in the fourteen centuries ago was an effective and great step to realize the financial rights of the wife, in the customary and cultural conditions of today's society, the implementation of these laws is such that they cannot solve the financial problems of the wife. Also in the real world, their implementation is guaranteed only by the fairness and justice of the husband. Given the strategies in France and some other countries turning to the conclusion of prenuptial agreements, this comparative study, following French law, seeks to propose that instead of including pre-determined conditions in the contract marriage (which is not required for the husband to accept) the couple arrange the prenuptial contract on financial rights, custody of children and the like under the supervision of a lawyer. It is hoped that this solution, by creating transparency resulting from a specific contract, can reduce family disputes, facilitate the resolution of family problems, and protect the wife's financial rights

The publication of the book "Public Law in Nahj al-Balaghah" is admirable in terms of the supreme position of Nahj al-Balaghah in religious culture as well as in terms of the status of Public Law in comparison with Other branches of law. The method of evaluation of this book is citation-analytical and in accordance with the proposed model of the review committee for the Study of Texts and Books of the Humanities in the framework of general introduction, review of the form and content of the book. The book's strengths in terms of content are: Islamic approach to public law, extensive reflection on Nahj al-Balaghah, and proper matching of titles with selective samples in most cases; although this book suffers from logical disorder and content cohesion, inaccuracy and incompleteness. In some cases, the author's perceptions of Imam Ali impressions in Nahj al-Balāghah can be criticized. In spite of the great importance of constitutional law as the most important branch of public law, a large number of issues relating to sovereignty and government, governmental institutions and the rights of the nation, which are subdividedare, the smallest amount of pages is devoted to it and underestimated. The technical quality of the book is good and the general rules of writing are respected; However, weaknesses in book form, include: lack of proper organization of the book, The proportions of the length of the chapters and the exhaustion of the annexed book

Increasing resort of people to the banks make them to access classified information of the customers such as financial status, balance of the account and personal information. In order to gain the trust of customers and prevent Personal and commercial losses and economic abuse, banks make these data confidential and refused disclosure of them. Although the protection of banking secrets is an inevitable principle concerning social necessities such as confronting crimes like money laundering, terrorism financing, tax evasion and the need for financial transparency, it is appropriable in such areas. These exceptions, however, varies from country to country but we seen more common trends in all.
This paper shows the basis, sources, scopes and the effects of banking secrecy in Iranian law and note the necessities of legislation by that.

With the adoption of Article22 of the Family supportAct 1391, the  ceiling was determined for dowry. With this explanation that dowry  more than 110 is depending on the couple's wealth that the wife must prove her legal rights and less than 110 coinscovered by Article 2 implementation of the Financial convictions law that amendment to Article 18 of the Executive Regulations, the principle is the impossibility of husband imprisonment unless wife can prove financial ability of the husband that in the case of non-payment of dowry followed with his sentence, even if do not accept to deleted man arrested until 110 coins (Article 2implementation of the Financial convictions law). The man could provide insolvency petition and proof of hardship to be released from detention that in this case, the wife will not attain to dowry, too. So it seems that the new law not only does not help to solve the dowry cash but also destroyed few legal protections of wife. If we accept the cash dowry in our law, problems such as heavy dowry of it by wife will remain unchanged.

The purpose of this article is to identify the legal characteristics related to administrative and financial affairs of the public libraries foundation. It tries to study the contradictions and weaknesses of these affairs, to present a legal analysis for resolving the contradictions, and to make the corresponding law system transparent in order to embody the concept of ‘ideal office’. By using a descriptive approach and with a direct reference to documents (documentary method), the data and the relevant documents were described. Then, by comparing and analyzing the data and documents, desirable conclusions were provided. The administrative and financial law governing the public libraries foundation can be defined by the two means of the particular laws and regulations of that foundation and the legal structure of nongovernmental public institutions governing this foundation. The analyses presented in this study show that, while administrative and financial entity and independence have good results including technical decentralization and specialization of library affaires, office fluctuation and lack of transparency as well as misappropriate financial control on this foundation are major weaknesses. Studies show that solution to these administrative and financial contradictions is not necessarily incorporated, nor is dissolution of foundation structure. But the best solution is to modify the approved law of 2003 in order to create a unique and inclusive management matrix for libraries and to modify the board of trustees. Originality/ Value: The findings of this study can help officials and head office managers to identify the strengths and weaknesses of the administrative and financial system governing public libraries foundation. Also, the presented suggestions help them in proper organizational decision and policy making. By using the legal principles established in this study such as legal entity, financial independence, budgetary system, and financial monitoring and by describing and analyzing the law and the principle of public law, an administrative and financial system can be devised for the public libraries foundation.