List of Articles
-
Open Access Article
1 - Voluntary Commitment In Iranian Law
Akbar Imanpour Mehri MasuodiOne of the types of obligations that arise from the contract and people commit to it in their contracts is voluntary obligation. Voluntary commitment is a commitment with two or more issues where the implementation of one of the issues is enough to fulfill the promise. MoreOne of the types of obligations that arise from the contract and people commit to it in their contracts is voluntary obligation. Voluntary commitment is a commitment with two or more issues where the implementation of one of the issues is enough to fulfill the promise. Like the commitment of someone who has bought a product from a person to check it and decide to buy it or not after checking it. Jurists and jurists have different opinions on the validity and invalidity of such obligations, and the legal regulations do not have the necessary transparency in this matter. Although some people believe that the subjects of voluntary commitment should be equal to each other so as not to affect the validity of the contract. These people believe that voluntary commitment is a commitment to two or more goods with specific characteristics and price, And the selector is also known, and there is no unusual uncertainty. Sometimes, instead of determining the subject of the obligation, rules are determined, in which case the subject of the obligation should not be considered unknown. In fact, by determining the holder of the right to choose, who may be the obligor or obligee, the confusion is eliminated and the grounds for voiding the obligation are eliminated. Some people have the opposite opinion. In this article, the authors try to explain the concept of voluntary obligation, compare it with similar titles and concepts, examine its validity or invalidity in Iranian jurisprudence and law, and provide a suitable solution to those interested. Manuscript profile -
Open Access Article
2 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
Maryam Tafazoli Mehrjardi Behshid ArfaniaMinors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their righ MoreMinors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child. Manuscript profile -
Open Access Article
3 - Comparative Study Of late Payment Damage With Usury
Babak Mohammad Rezapour Faezeh Jahani MoghadamIn the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in m MoreIn the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in most banking systems as well as in various legal rules. But this principle in Islamic countries has sometimes interfered with the concept of Reba, so that some jurists consider it as a Reba and have forbidden it. This principle has been widely debated in our country, but it has been accepted by the legislature as a principle. However, there are still many challenges regarding the legitimacy or lack of legitimacy of the principle of delayed payment penalty in the banking system. In this paper, it is attempted to address the reasons for the legitimacy of the delayed payment penalty in the banking system. Manuscript profile -
Open Access Article
4 - Government's Civil And International Responsibility For The Damages Caused By The Internet
Rasoul Malakooti Mona KhalilzadehInternet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the MoreInternet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the country, for the primary oversight of the licensing and provision of Internet services to legal entities such as ISPs or the transfer of sovereignty to some Attendees in cyberspace, including their agents and employees, or duties to ordinary citizens or to certain corporate actions, may have civil liability for damages resulting from the use of the Internet stewardship or retaliation. Also in international crimes that endanger world peace and security, the government will also have international responsibility as a result of acts of harm done personally or by private actors. Cyber-attacks as a Wrongful international act by the government with government bodies have been greatly reduced due to their ability to identify and attribute to the government, and governments are seeking to curb the These nongovernmental actors carry out such attacks in order to avoid responsibility. Manuscript profile -
Open Access Article
5 - The legal status of possessions in the parliament
Javad Vahidizadeh seyyedeh maryam asadinejadAlthough sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application o MoreAlthough sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application of the meeting place contract that creates such a right for the parties. Nevertheless, the buyer and seller can exclude the “meeting place option” through including a condition in the contract or by leaving the meeting place or separation of the parties or the seizure of the sold item/price. As there is a difference of opinions among the jurists as regards the mode of dissolution that is the goal of “meeting place option”, the jurists are also divided on the the seizure of the sold item/price of the option because the separation of parties and the seizure of the sold item/price are two sides of the same coin. Some jurists believe that the seizure of the sold item/price may result in the cancellation of option but some others would even imply the implementation of the option of meeting place and the bindingness of the contract. In the present essay, after the analysis of the concept of “metting place option”, we discuss the conditions of the realization of metting place option as well as those occasions that lead to the cancellation of the meeting place option and the finalization of the sale contract. Moreover, our study of the public notion of the seizure of the sold item/price renders it clear that option belongs to the contract not to the exchanged items. Also the material seizures that takes place being informed of the existence of the option leads to the cancellation of the meeting place option but such modes of seizure like selling or leasing the sold item by the seller might be understood as an act of actual cancellation. Manuscript profile -
Open Access Article
6 - Jurisprudence and legal analysis of Nature of sale
Seyyed Mohammad Asadinegad Ata-o-llah EsmaeiliThe sale contract Has been also one of the most important contracts, which is why the jurists in the trading sector first examined it. In her book, Sheikh Najafie Has tried to illustrate all the aspects of the sale contract and its scope in a comparative way with the ex MoreThe sale contract Has been also one of the most important contracts, which is why the jurists in the trading sector first examined it. In her book, Sheikh Najafie Has tried to illustrate all the aspects of the sale contract and its scope in a comparative way with the expression of the views of earlier and contemporary jurist. In this paper, the approach of, Sheikh Najafie nature of the sale is analyzed in order to fully explain the legislator's definition in Article 338 of the Iranian civil law from the sale. In the opinion of Sheikh Najafie object of sale must be essence because it is known to be used for the transfer of essence as it is known for the rental of interest.. According to this fame, in cases where the property is exchanged against the consideration, such a contract would be a sale, not a peace contract or each another contract Manuscript profile