جستجوی مقالات مرتبط با کلیدواژه "اعسار" در نشریات گروه "پزشکی"

The purpose of this study is to Analysis of the legal jurisprudential rulings on the insolvency payment of dowry(With emphasis on judicial procedure).

In Iranian law, the acceptance of a couple's imprisonment prevents them from being imprisoned. Previously, the judicial procedure was to reject the claims of usury or to determine the installments and the inappropriate deadline for the observance of women's livelihood. With the advent of the policy of deprivation of liberty, dual jurisprudence led to the unconditional acceptance of these claims, and as a result, it became impossible to enforce the dowry.

In this research, while expressing the concepts, with the focus on litigation, different dimensions of usury lawsuits have been investigated. In the first part, it is pointed out that in terms of not increasing the couple's assets due to the obligation to pay the dowry and the court's ignorance of his financial background, the procedure is to accept the couple's debts. In determining the installments or granting a deadline for the payment of dowry, according to the view of the Imami jurists, the court can install the dowry or grant a suitable deadline until the full payment in terms of the couple's potential, and should not be satisfied with actual cases. Failure to pay attention to this criterion usually leads to not determining the appropriate installments or deadline for paying the debt.

Since the obligations of the treasury are limited in Imami jurisprudence and Iranian law; In these cases, the dowry cannot be revoked from that place

The defendant’s incarceration is one of the most important solutions to the achievement of the thing to which s/he is sentenced and it is carried out in a resort to the mechanisms specified by the legislator in the special law on the method of enforcing the financial convictions. The present study’s goal is the analytical-descriptive investigation and interdisciplinary examination of the individuals’ financial convictions as a result of their falling short of liquidating their debts to the others from the perspectives of the criminal rules and Iran’s statutory provisions as well as the theology field of the study; it also aims at analyzing the nature of such a type of incarceration, its conditions and barriers and offering of solutions for its replacement. The general result of the present study is that the legal nature of the incarceration should be accepted in financial convictions according to the jurisprudential and legal documents and proofs posited in the body of the present research so that it can be considered as a punishment. This has also been accepted and confirmed in the texts of the Islamic sciences. The necessary conditions for the incarceration of the defendant would be the impossibility of retrieving the thing to which s/he has been sentenced through ways mentioned in the law on the method of enforcing the financial convictions and the plaintiff’s demand and the barriers to such an incarceration, as well, would be the acceptance of insolvency, debt payoff and/or the creditor’s consent. On the other hand, since incarceration is a ground for the real perception of the debtor’s financial status and a way of liquidating the liabilities hence lacking any topicality, it seems that it can be replaced by other ways lacking its harms.