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

It is common in commercial contracts to contain the prohibition clause on assignment. Regarding the condition of prohibition on assignment of contractual rights in English law, two views have been developed. “The Property view” and “the Contract view”. The Property view gives primacy to the freedom of the parties to fashion the rights they bring into existence, so if they wish, they can extinguish the inherent transferability of this right. So, if an assignment happens, it will have no legal effect and will be void. But according to the contract view, prohibition on assignment merely operates at the level of contract and does not characterize contractual rights because parties cannot use contract to modify those attributes of contractual rights that the law of property gives to them. One of those attributes is that they are transferable. So according to contract view, a no-assignment clause doesn’t void the assignment, but operates as a matter of contract, conditioning the duty to perform so the obligation of the obligor to perform is executed only against his contracting party (assignor). In this view, in case of an assignment, the assignee will never have a direct legal relationship with the obligor. In Iranian law, there are three opinions about the prohibition clause; ineffective, void and Invalid against the obligor. “Void” seems to be compatible with the property view and “invalidity against obligor” is compatible with the contractual view in English law. Finally, due to the flaws expressed in the contractual view, we will come to the conclusion that the property view is more consistent with the prevailing legal rules, the real intention of the parties and the custom of the merchants.

According to the historical background of assignment, even its prevalence before Islam, examining the opinions of jurists of Islamic schools of thought in this regard can find important results that can be used to solve problems in facing many questions and problems, including the correctness of assignment on non-debtor. Unfortunately, in the opinions of the jurists, the condition of indebtedness of the assignee has not been taken into consideration. The current research aims to use the theories and arguments of jurists to solve conflicts and find the answer to the question whether the assignment on non-debtor is correct or not. In addition to the great disagreement about the nature of assignment among jurists, some jurists, including the Shafi‘i jurists, have considered it necessary about the correctness of assignment on non-debtor that the assignee is truly indebted to the assignor, although they have considered the assignment on non-debtor to be similar to a guarantee because the property is transferred from the indebted to the non-debtor. In this way, the assignee is the guarantor of the creditor’s debt on the assignor with her own acceptance. However, Hanafi and Imami jurists do not consider this as a condition for the validity of assignment and they believe that assignment on non-debtor is also valid. The method of collecting information is in the form of a library method using documents related to the present subject.

The negotiable instruments in English legal system were formed in the context of historical developments of a thousand years old of this country and through the development of concept of "assignment" in common law, equity, positive law and law merchants, and to ensure the circulation of bill of exchange, promissory note and check in the realm of commerce has provided the necessary standards to achieve the concept of negotiability through institutions such as Estoppeland shelter. Although according to the general rules of jurisprudence and Iranian civil law, contracts such as guarantee and remitance- which are considered as channels of transfer of debt and credit -are affected by the previous debt in terms of invalidity and termination, instruments such as bills of exchange, promissory note and check -which are caused by a previous relationship based on appearance caused by sign of the signatory on basis of trust -are not affected by them. Although, there have seen very limited common foundations and inspiring principles between two legal systems, they achieved similar results and created a powerful relationship in favor of holer in due course. In this study, the formation, principles and rules of negotiable instruments are examined in English with an Approach in Iranian Law in descriptive-analytic Method.

Obligations of states to fight terrorismAbstractInternational rules and regulations confirm the two main points: a comprehensive struggle and a ban on any interactions and support for terrorist groups; but today, some political imperatives have led to widespread widespread interactions with certain terrorist groups behind the curtain of some states, which is a stimulus to redress the responsibilities of governments towards roles. And their assignments in the process of international life against other actors. With this interpretation, we re-examine the general responsibility of the governments towards the phenomenon of terrorism, and, in addition, we will observe the additional and special responsibilities of the states against other actors in international relations. Considering the danger of these groups for global peace and security and international prohibitions, we continue to see the material and spiritual support of some states from the terrible phenomenon of terrorism, which makes international responsibility a matter for supportive governments. The ability of the international community to take responsibility for these governments and the drafting of this responsibility under the draft international governments' engagement is debatable.Keywords: international responsibility, terrorist groups, governments,

The purpose of this inquiry was exploring teachers' methods and practices regarding homework assignment in junior elementary education. An interview-based qualititavie research method was adopted for this purpose. The Statistical population included experienced teachers in junior elementary level in the city of Kashan. 33 teachers were selected accordning to purposeful sampling method for interviewing. The interview data were analyzed through fragmental and holistic coding method in Atlas.ti software. Coding reliability was estimated to be around 0.65 to 0.75 according to intercoder aggrement and Holistic Index. After coding and stepwise refinement of codes in Atlas.ti, six semantic networks were discovered which revealed teachers’ productive use of homework: 1. As a Strategy for more complete learning; 2. As a Strategy for developing participation; 3. As a Strategy for formative evaluation and teaching improvement; 4. As a Strategy for differentiated instruction; 5. As a Strategy for giving feedback; and 6. As a Strategy for diversifying instructional activities. One complementary and substantial finding of this research is the considerable differences in teachers’ methods for homework assignment: The required time for completing homework varies to a great extent, teachers may change the nature of homework due to the pressure they experience from the parents, principal and other teachers’ side, and there is no consistent and settled approach regardning homework evaluation.

Human resources are considered a competitive advantage in organizations, and according to the executive position of staff, the relative importance of the competitive advantage is enhanced so that the executive managers, and the senior staffs particularly in the production line, are of particular importance to company owners. Selecting competent and committed senior staff as well as maintaining them based on their satisfaction is one of the key factors in the success of organizations. Therefore, this paper aims to study the selection and assignment of senior staff problems so that they are selected based on their competency to manage the production workshops, and then they are assigned to the workshops based on their preferences. For this purpose, an integrated model of mathematical programming and Multi-Attribute Decision-Making (MCDM) is developed to select competent senior staff and assign them to the workshops based on their preferences.

In this paper, some of the staff as potential options have been determined, and then, their preferences to manage all workshops have been calculated using the TOPSIS technique. Also, a multi-objective integer programming model has been developed to select competent senior staff among all potential options and to assign them to the workshops based on their preferences. In this paper, a multi-objective global criteria method has been proposed as an approach to solving the selection and assignment problem.

The required data were collected through questionnaires and interviews with potential options. Consequently, the results indicated that the proposed method (weighted global criteria) outperforms the simple global criteria approach as well as the traditional method based on the decision of the managers and experts.

Research limitations/implications:

 The results were limited to the case of production workshops in an appliances plant, and all data were deterministic. Respectively, some directions as opportunities for future research were suggested. The first suggestion is to apply the current model in other production systems, and the second suggestion is to use fuzzy logic for developing both the fuzzy TOPSIS and fuzzy mathematical programming model based on the expert’s knowledge.

Practical implications: 

Since the non-optimal assignment of the staff to the workplaces increases the costs, and assigning them disregarding their preferences leads to staff dissatisfaction, the production system would be affected. Therefore, the lifecycle of the organization can be threatened. Therefore, the optimal staff assignment problem can be one of the most critical management challenges in industries.

Originality/value: 

To the best of our knowledge, there is no research in the literature on the staff assignment problem that considers preferences and competencies simultaneously as studied in this paper. Therefore, the following contributions to the literature are underlined: - - Selecting and assigning senior staff to production workshops, considering a multi-objective problem - - Collecting the evaluation criteria of preferences for the problem from the literature to determine final preferences for selecting the workshop - Integrating the integer programming (IP) model and TOPSIS to extend the new model of staff assignment problem

The establish of a legal relationship between individuals, whether in the form of a contract or outside it, is inevitable. These legal relationships sometimes appear in the context of debt and claim. In order to guarantee and facilitate the collection of claims, Creditor may have received a security from a debtor in order to take advantage of those securities, in case of impossibility of collection of debts from debtor directly. However, sometimes, After the creation of collateral, basic debt may be the subject of a contract that can be named as a transition collateral contract. There are doubts about how the formation of these types of contracts have an effect on the securities of basic debt. Some believe that after concluding of transition collateral contracts, preceding securities of basic debt will be collapsed; However, others believe that the preceding securities of basic debt will be remain. For each of these views, there are some reasons. In general, the second view seems to be stronger. In this article, the author has tried to examine the reasons for each of the above views from an analytical point of view in order to explain the correct point of view.

In the present era, with the advancement of technology and communication devices, we are witnessing a significant presence of users in cyberspace. A mysterious and endless space with unique features that can appeal to any taste. The increase in cybercrime reflects the special interests of criminals in these features, which include, anonymity and the presence of uninformed victims. In using punishment as their first means of defense against cybercriminals, human societies face the challenge of not identifying the culprit. However, the fact is that cybercriminals have stepped into the realm of space and have no known identity. With the help of technology, the criminal justice system can track the accused's left footprint and, by obtaining a cyber identity and linking it to the available information on how the accused accesses the Internet, it identifies their legal identity in real space, and so imposes criminal responsibility on them for criminal behavior. Decryption of the connection between technology and criminal law is possible in the first step of the cybercrime investigation process, in other words, the accused can be identified with the help of the Internet Protocol or IP.

Securitization is a financial instrument, in which Assets are generally transferred in three different methods; Assignment, Novation and Sub-Participation (the latter is used in common law systems). A comparative study among these  Legal Frameworks shows that regardless of the method used for transferring assets in securitization, it should be accomplished in a manner that removes to the extent practicable, these assets from the estate of the selling company in the event of its bankruptcy, which can be achieved by isolating the source of payments and insuring that the transfer of the assets from the Originator to the SPV cannot be interfered, which often referred to as creating a “true sale” of the receivables. On the other hand, Factoring Companies, which are bank-credit institutions, has the primary objective of providing liquidity to traders and funding them through the purchase of their short-terms claims are exposed to cash reduction and liquidity risks due to such activities, causing them to seek funding sources. Thus to study the implementation of securitization on receivables arising from factoring operations as a funding source, it is necessary to consider the different approaches of Legislation in limited or unlimited determination of convertible assets and other characteristics determined for such assets. However, the practice of most developed countries is based on non- restricting these assets and assigning it to the will of the parties, provided that such assets meet all the necessary requirements for securitization.

The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife. 

Assignment of contractual rights and obligations is one of the most important and well-known issues in different legal systems. The assignment of contract is recognized in Pre-Sale Building Act ratified in 19/1/2011. The legislator, in articles 17 and 18, specified terms and qualifications mentioned in this article. This article is based on descriptive-analytical method, and strives to discuss principles and standards in assignment contract and its justification in different legal systems. In addition, it also analyzes the assignment of contract in Pre-Sale Building Act. In this legislation, one of the most important terms known by lawmaker is the obligor’s consent for assignment in writing and official assignment. It is crucial that the legislator considered this assignment which has many economic effects and it was a great step for unification of the assignment of contract in the Act. Assignment of contract is recognized separately in uniform law as well as in laws of different countries such as France, but it has not been considered in Iran.

Research on the long experience of privatization in the country claims that the main privatization objectives such as accelerating economic development, improving competitiveness, restructuring and modernizing companies etc. have not been accomplished properly in most cases, so that sometimes some of the companies already privatized, have encountered a lot of problems after the assignment. The main objective of this paper is to detect the factors and components, important for the implementation of privatization programs. To this end, the theoretical foundations and experiences of some countries in the world and Iran in area of privatization were examined and based of which, 10 dimensions were extracted as components of privatization.Afterwards, these dimensions were verified through a questionnaire, whose reliability was confirmed by Cronbach’s alpha for all the variables, considered by a set of assignment specialists, experts in the affairs of the executive bodies of the affiliated companies in area of assignment of governmental enterprises and the privatization organization and the importance of each dimension was determined based on the results of the survey and the statistical methods, then analyzed using SPSS software, and ultimately the ultimate model of privatization was presented as a conceptual model, and then the degree of adaptation of privatization programs in the country was compared with that pattern in order to state the shortcomings of the existing state. The strategic model of privatization in the final model has eight dimensions. The outcomes of the research also demonstrate that these dimensions,which are necessary for successful implementation of privatization plans are ignored in our country.

The aim of this paper is conceptual analysis and re-exploring the nature of human potentiality in the educational system regarding its critiques. For attaining this aim, we applied comparative analysis and conceptual analysis methods. Our findings indicate to us that necessities of human nature, especially content necessities, are underestimated in Scheffler's view. On the other hand, separation of potentialities to central and marginal has not occurred in Sheffler's conceptualization. Upon this, Scheffler's view confronting different human potentials may be collapsed. Moreover, neglecting human disabilities has prevented this view from realism and human will. Therefore, we emphasized on precaution, flexibility, and dynamism in a potential assignment in the educational system and proposed some suspensions period during education.

Applying formal and material objectivy, derived from philosophical foundations of positivism, on human law, which are framed based on authenticity of feeling and the possibility of experimental observation on the one hand and on the differentiating the realms of objective truths and negating the possibility of rational knowledge of legislation and practical wisdom on the other hand,  has formed the frame of rights and duties released from all kinds of ideological value constraints and commitment to the closed circle of mankind's will and commands without being able to move out to its own supernatural. Preventing the inconsistency between the two abovementioned issues will reduce positivism, as a formalist theory based on the conventional-lingual analysis method, to a Kelsen-Hume(ic) expression and therefore it has consequently encountered to relativism and inaccuracy. Accordingly, the concept of justice in public law has been conceptually transformed to the characteristics of having no criteria, personalization and being separated from the positive law. Nevertheless, the existing fallacies through ordering the introduction and uncommittable results has caused failure of the mentioned school through law and legal justice.

Section 16 of Resistance Economics Policy has been taken into consideration. This study has studied part of the above.. This research aims to identify the components of fundamental transformation in structures in order to save on public spending in the country. The research method was descriptive-survey and data collection tool was open questionnaire and interview. Data analysis was performed by SPSS and Smart-PLS software in two stages of fitting the model of modeling and fitting the structural model. As a result, the research hypotheses were also confirmed by identifying the components of the fundamental transformation in structures. Therefore, the relationship between saving public expenditures in the country and the fundamental transformation in structures (assignment of state-owned enterprises, the assignment of government agencies and the assignment of development projects to nongovernmental departments) were verified and the main hypothesis and sub-hypotheses of the research were confirmed.

This article discusses Electronic Funds Transfer (EFT) based on an assignment framework. Payment order in EFT is considered to be an assignment offer. If the Fund Transfer is considered on this basis, it must contain conditions for the emergence of an assignment and its legal consequences. In this respect, debt or credit as subject matter of this agreement is available in most cases of EFT, even if there is no debtor and creditor relationship between the issuer of the payment order and beneficiary. In terms of intent for creation an assignment, since the issuer is willing to transfer funds that is being holding by bank and there is no need for debtor’s consent and there is no fiduciary relationship between them, the legal relationship created between the issuer and the bank has to be interfered as an assignment. As regards consequences, by accepted this idea, the right of the bank to reject Fund Transfer order can easily be interpreted. Having said that, what a bank does on order after receipt of payment order should not be considered to be the acceptance of the offer, because this is a regular and preliminary process. Since the doctrine is not able to respond to some situations for Fund Transfer, including Fund Transfer to another account of the issuer, it has been subject to some criticisms.

The written literature of the Shiite jurisprudence shows that some jurisprudential conducts are disputable among scholars of jurisprudence with regard to formidable uses of assignment for various commercial and economical transactions in the contemporary world. The famous scholars of jurisprudence know that assignment is a contract including proposal and acceptance while others consider it as a unilateral right. This article deals with the criteria and criticism of these two points of view and clarifies that assignment meets the capacity of being contract based on transactor's will to be utilized as a proposal and acceptance or unilateral right.

By concluding a lawyer's contract, the lawyer and the client will have rights and obligations against each other, one of the duties and obligations of the lawyer against the client, the duty to take care of the property, information, and other rights of the client, and the use and application of his skill and knowledge in the relationship With the subject of the lawyer. Since a lawyer has an iadi, he must use all his efforts to protect his family and his other client's rights, and, on the other hand, the lawyer accepting the lawyer should have the knowledge and experience necessary the other hand, due to the expansion and complexity of social relations as well as the specialization of affairs, professional occupations and the need for the owners of those professions to be filled with the necessary knowledge and knowledge, therefore the basic question here, the response to the conditions and how to take responsibility A lawyer is a skill in case of violation of duty. In Iran's law, the task of care is very little and there is no clear or implied clause in the law on the lawyer's skill. Unlike our rights, in the law of the United States, including the United States, a special chapter of the lawyer's obligations to the client The duty of the lawyer's care and skill has been paid, and the necessary and sufficient conditions for the fulfillment of these duties, the liability of the attorney and how to compensate are foreseen. However, in our law, although these tasks have not been addressed, they can be read in the circle and the scope of the duty of the lawyer, which means that the violation of these duties is in fact a violation of the lawyer's duty. It is precisely in the law of Kamen Leo that these duties of lawyer's care and attorneys are also an integral part of the duties of duty.