فصلنامه پژوهش های حقوق تطبیقی عدل و انصاف
پیاپی 12 (بهار 1400)

In Iranian legal system that is based on Imamia jurisprudence and following ‎the French legal system scheme, the main executive guarantee for the breach of ‎the conditions set for concluding the contracts is known to be an annulment if it ‎is inoperative or voidable. Of course, only in some case and not as a general law ‎principle, it has included some other terms such as relative nullity or modifiable ‎nullity in its statue laws. Although in this regard, the French law system has ‎considered the terms absolute nullity, relative nullity, revocable and terminable; ‎However, following the Hanafi’s jurisprudence, the Afghanistan law system has ‎recognized and approved another general rule, namely “corrupt”, in addition to ‎the nulled executive guarantees, endowed and inoperative. This general rule ‎causes the nullity in the law system of this country to have several levels and in ‎cases, in which the contract is modifiable, prevent its annulment; so the legal ‎relations between the parties can continue. According to the Iranian and French ‎legal system, a corrupt and nulled contract are considered to be similar concepts, ‎both of which possess the same nature and have only one effect that is being ‎ineffective; But from the point of view of the Afghan legal system, a corrupt ‎contract has a nature and definition independent of a null or void contract and in ‎contrast to a null contract that due to the disorder in its elements, has not been ‎created at all in the first place and doesn’t have constructive existence, the ‎corrupt contract  does not possess any problem with respect to the validity of the ‎elements and it is considered to be a corrupt thing only because of the disorders ‎in the attributes and has an effect after taking the possession. As a result, after ‎the realization of a corrupt contract by means of legal credits, if taking ‎possession or delivering occurs, the effect of the contract, which is a property, is ‎achieved and the corrupt contract has legal effects; However, according to the ‎law of Afghanistan and Hanafi jurisprudence, this work is considered an evil ‎and illegitimate work and the utilization of the subject of the ownership to a ‎corrupt contract is forbidden by the divine law and prohibited.‎

Condescension is one of the non financial effects of espousal and use in two general and special meaning special condesccnsion is mean that woman should establishes matrimony relation in standard dimension and enceed it called disobedience.this articale that done in descriptive-analrtic method,is trying to study the cases Special obedience is one of the legal issues affecting couples, and the manner of fulfilling the mutual obligations of couples depends on this right. General obedience means accepting the husband's dominion over the wife, and stopping the wife from leaving the house with the husband's permission. Since obedience is one of the problems in families and one of the important reasons for the increase in divorce and family tensions is disobedience. , The present study has become necessary. In this article, which has been done by descriptive-analytical method, by examining the opinions of the jurists of the two sects regarding the limits of obedience and the cases of falling alimony; It is concluded that obedience is not merely the duty of the wife; Rather, the husband is obliged to obey and pay the wife's rights.

By studying iran's legal system and approaching legal texts about contracts, the effect of interpreting factors such as custom, law, etc. We understand, but the dispersion and lack of focus on drugs and the mention of instances instead of the expression of the rule on the one hand and on the other hand, not paying attention to the principles and rules of interpretation accepted in different legal systems In fact, they help to remove barriers to the implementation of the contract, which strengthens the thinking that the rules and principles of interpretation should be collected in accordance with the principles governing the contracts and the general rules. About the interpretation of the contract". In Iranian law, fairness has been identified as a rule and interpreting tool in private relationships of individuals. In British law, fairness has a strong position. The principle of goodwill in Iranian law is not reflected in any legal text. In British law, the acceptance of goodwill as a principle has been met with resistance, because in the law of this country in the field of contracts, attention to the terms and phrases of the contract and the contract document is assumed that the parties have mentioned whatever they want in the contract. In cases where the contract is incomplete, implied conditions are entered into and the contract is completed.

In legal relations, there are rules that underlie it and strengthen the foundation of justice. The no-harm rule is one of these basic rules, which is emphasized in Article 40 of the Constitution. The implication of this rule is that no one has the right to abuse their rights to the detriment of another. This rule, in addition to the Quranic, narrative and jurisprudential roots, is also based on the logic and rationality of human beings. In Western law, this rule is known as the abuse of rights, which is one of the principles restricting the freedom of individuals. In our civil and commercial laws, this rule has been mentioned many times and in different ways, and this rule is also the basis of civil liability law. But in criminal law, with the exception of a few laws that are merely verbal similarities to the rule, this issue has not been used, and this leads to many abuses by individuals. Cases such as usury and conversion of punishments and discounts and the principles of innocence and the passage of time, etc. are among the cases in which many abuses take place. The subject of this research is Iranian criminal law, which seeks to analyze and remind the relevant people in an analytical way, using library resources and work experiences.

The jurists have divided the subject of trade into three categories in terms of Shari'a rulings, namely, Muharram, Makrooh and Mubah, which we are discussing in this article is Muharram trade, which is referred to as Muharram gains. And it includes earning with things that Islamic law has forbidden. In fact, in this research, by descriptive, analytical and critical study, one of the differences in the achievements of Muharram, namely the sale of the Qur'an, has been studied with an approach according to Allameh Hilli and compared with the opinions of other jurists A careful study of the opinions and principles of the jurists in this matter indicates that the issue of the sanctity of the sale of the Mus'haf is not well-known among the earlier jurists The opinion of the latter is both about the permission to sell the Mushaf and the sanctity that fame is by no means a promise. Contemporaries' views on the sale permit show a difference in this issue Allameh Hilli has a vote of invalidity regarding the sale of the Qur'an to Muslims, and in case of selling the sheet and cover of the Qur'an, which shows the similarity between Allameh Hilli's opinion and the jurists, he has given the opinion to sell the Qur'an, but he considers the sale of the Qur'an to infidels invalid So should be said that the correct opinion is to sell the Mushaf. The reasons for those who believe in sanctity a

The idea of the proponents of the traditional approach to jurisprudence, based on traditional relations, has always been based on common concepts such as "Islam" and "Muslim community", the obligation to protect "Islam" and deny the domination of "infidels", but this idea is inevitable today. Attention is paid to concepts based on new relationships in which "land-based nation" has replaced "belief-based nation." Concepts that are not only not necessarily Islamic, but in some cases may also conflict with the interests of other Muslims in the world. In other words, today, the special function of the "Denial of Domination" rule is faced with a conceptual evolution in the word "alien". "Alien" as the subject of the traditional interpretation of the rule of "Denial of Domination" was an ideological alienation, and "alien" as the subject of the new interpretation of it is a geographical alienation. This conceptual transformation based on the belief in the land is the result of the development and expansion of the idea that emerged in the sciences and human relations after the Treaty of Westphalia, and Shiite jurisprudence has been forced to pay attention to it. The author of this article seeks to evaluate the capacity of the jurisprudential rule of "Denial of Domination" in order to face this change in the field of human thought.

It is necessary to pay special attention to economic legal issues due to the significant economic developments at the regional and international levels and the special attention of other countries to establish economic and trade relations with each other and to the huge volume of activities and control and guidance of their specialized forces and establishing and establishing trade-economic relations. The requirements of place and time and economic crises demand that the world today recognize the special economic needs that domestic forces must be aware of these rules and regulations, and address vulnerabilities and resolve their economic problems with other states. Legal inequalities of investments and their effects along with lack of public support in some cases. In many cases, the effects of private sector investment in the development of host countries and the effects of investment in supporting the public sectors of the host country have been overlooked. Limits the principle of independence of any country with special effects on the host country, severely the rights of the host country without advantage in foreign lands, has always been investment protection. The primary goal in international trade law of foreign investment, this article, while explaining the importance and specific requirements of the subject, examines the examples and their necessity and importance in the field of new international developments.

In recent years, justice as a jurisprudential rule has been the subject of some jurisprudence scholars' efforts to leverage jurisprudence and move jurisprudence from isolation to efficiency and address the challenges of executing sentences. With a new look at justice and its application in different traditions of jurisprudence, they aim to build upon the jurisprudence of jurisprudential rules and to organize the inference of religious law based on it and to integrate this rule into the current methods of jurisprudence. The pervasive rules that overwhelm all the jurisprudence of the jurisprudence, and even to some people's opinion, can even overrule the verdicts! This paper proves that the criminal justice of the oppressor is effective in the process of ijtihad in such a way that the jurisprudent can use it as a means of measuring one's jurisprudence by reasoning one's jurisprudence. The purpose of the present study is justice and its validity in Imamiyyah jurisprudence. Justice is the issue of justice. That is why believers are obliged to observe the condition of justice in the selection of the Imam of the congregation as well as in the regulation of their religion and demands, the testimony and testimony of one another, and so on. In other words, the believers are obliged to follow the path. To live their life in all micro and macro, personal and social, worldly and worldly ways of justice and to avoid cruelty and cruelty,