List of Civil Law subject articles

Open Access Article

1 - Voluntary Commitment In Iranian Law
Akbar Imanpour Mehri Masuodi

One 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. More

One 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 Arfania

Minors 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 More

Minors 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 - Government's Civil And International Responsibility For The Damages Caused By The Internet
Rasoul Malakooti Mona Khalilzadeh

Internet 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 More

Internet 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

4 - Jurisprudence and legal analysis of Nature of sale
Seyyed Mohammad Asadinegad Ata-o-llah Esmaeili

The 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 More

The 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

Open Access Article

5 - Third Party Objectionable Judgments
Ebadollah Rostami Chalkasari Mahmud Kohani

Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for pr More

Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them. Manuscript profile

Open Access Article

6 - A Comparative Study of Witnesses Hearing in Virtual Arbitration in Arbitration Systems of the US, European and Iranian
masoud akhavan Reza Shahidi Sadeghi

In the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-spac More

In the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-space in accordance with the specification or implication of valid international laws and conventions such as the UNCITRAL Model Arbitration Law and the Arbitration Rules of the International Chamber of Commerce and also by the meaning of some provisions of Internal arbitration laws and the International Commercial Arbitration Law and explicitly stipulated in the Electronic Commerce Law, has been supported by the Iranian legislator and has been granted judicial validity. In this descriptive-analytical article, the authors intend to discuss the hearing of witness testimony in cyber-space arbitration in a comparative manner in the arbitration systems of the united states, europe and Iran. witnesses hearing as well as opportunities and challenges in the process of hearing to witnesses in cyber-space arbitration should be explored. Manuscript profile

Open Access Article

7 - A Comparative Study Of The Nature Of The Head And The Right To Trade With An Approach To Free Trade And Industrial Zones
Farshad Akbari Balanga Seyed Alireza Mirheidari Langroudi

Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws ente More

Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws entered into Iran's commercial convention. What was recognized in Iran's laws in the past was the right to business and trade that most of the jurists called to oppose it and declared it a non – religious. Consequently¬ opposition , the Convention on the Trade , which was reflected in the form of goodwill in the writings¬ of jurists, influenced their legal theories for the first time in the framework of the legal Relations Law and the tenant of 1997. Although the law could not be all to goodwill issues. Because the concept of goodwill and its nature is not clear, and at the same time the conditions of realization of the goodwill and the implementation guarantee¬ Failure to comply with these terms and also the right to the third parties is not clear. Also , the goodwill and conditions of realization of the transfer and conformity of it in Iran's free trade and industrial zones have ambiguities. Hence , in this thesis we are going to clarify the ambiguities and solutions to solve this issue. Manuscript profile

Open Access Article

8 - Feasibility Study Of Resale In Iranian Law In Comparison With The Convention On The International Sale Of Goods
Seyedeh Maryam Asadi nejad

After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs o More

After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs of maintaining the seller from the time of concluding the contract until the time of delivery or loss will be borne by the seller and this will cause an imbalance in the contractual relationship between the seller and the customer.In response to this question, what is the solution to prevent damages in the Convention on the International Sale of Goods and in Iranian law?It should be said that one of the non-judicial and conventional solutions to create this economic security and to prevent any possible damage to the resale system is mentioned in some international regulations, including the Convention on the International Sale of Goods.According to the provisions of the convention, it is possible to resell without dissolution, and in our regulations, such a thing is not clearly stated, but on the contrary, for resale, the contract must be dissolved first, then resale or it will be possible to transfer it. Manuscript profile

Open Access Article

9 - Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Fatemeh Jameei Nader Khavandgar Hirad Mokhayeri

The significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on h More

The significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on his/her behalf. Representation is divided into kinds based on the validity of the basis and its cause, and one of the most important of which is contractual representation. Since the existence of two wills is necessary in concluding any contract, the contractual representative declares his/her will on behalf of the original party and in some cases may participate in the contract on his/her own behalf and in his/her own right and deal with him/herself. Therefore, in the present study, in order to clarify the various dimensions of such a deal, in response to the question of what is the nature and legal status of such a deal in the Iranian legal system if a deal is made by contractual representatives including lawyers, directors of commercial companies, dealers and brokers, it should be said that such a deal was accepted as a contract and in the case of a lawyer, it shall be valid and effective by observing the client’s interests, in the case of managers of commercial companies and dealers, it shall be valid and effective by observing formalities, but the broker's dealing with himself/herself is not valid and he/she can only have a share in the deals of the parties. All of which were examined in detail in this article. Manuscript profile

Open Access Article

10 - Investigating The Element Of Fault In The Civil Liability Of The Minor Guardian In Iran And England’s Law
Maryam Tafazoli Mehrjardi behshid arfania

The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions More

The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions, what he has done should be examined as being in conflict or compliance with the behavior of a reasonable or normal human being as a criterion of fault. In Iranian law, fault has a social meaning and therefore minors can be deemed guilty and responsible in this respect. If a guardian is responsible to maintain or to take care of a minor according to the law or the contract and commits a fault accordingly, the minor is not responsible but the person who has failed to maintain or to take care of the minor will be responsible for the compensation. Under English law, guardians, including parents and others caring for minors, have no representative responsibility for minors’ faults. The guardian is only responsible if he or she has personally failed to take care of or has motivated the minor to commit a fault. Manuscript profile

Open Access Article

11 - A Study Of Obligatory And Situational Rules In The Iranian Legal System
Arman Yaghobi Moghadam Ashkan Naeimi

Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two More

Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two comments have been obtained between principles. Some fundamentalists, such as Sheikh Ansari, consider the status quo to be detached from the mandatory mandate. Others, such as Fazel Toni, consider the nature of the status quo to be independent. In this research that in terms of practice data collection is a library, we will prove that the separation of status sentences from mandatory sentences in the Iranian legal system has many benefits. Manuscript profile

Open Access Article

12 - Investigating The Relationship Between Lease And To Put Decision In Iranian Law
Mehdi Hamzeh Hoveida Kourosh Bayat

There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery More

There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery with respect to According to jurists, these results have been achieved through the library collection method. Lease is considered as a contract, while there are disagreements about the to put of the contract, which according to the definition of the contract in the civil law, forgery is also considered as a contract and the to put and agent are committed to do a series of things. The important difference between a lease contract and a to put contract is that a lease contract is necessary, but a forgery contract is permissible, and also in some rulings such as determining the agent and the action and the duration and exchange of the conditions of validity are different. Although the lease contract is different from the to put contract, but they are similar in other respects as well, such as being a covenant, being in exchange, being a trustee, and so on. Manuscript profile

Open Access Article

13 - A Study Of Pass Of Risk And Its Review In Case Of Customer-Specific Options
ziba mirzaaqazadeh Reza Maghsoody

In case of contract of sale until the receipt is made, the guarantee will be the responsibility of the seller and in case of loss, the seller guarantee will be an example of the rule of loss of the seller before the receipt, but the rule of loss in the optional land wil More

In case of contract of sale until the receipt is made, the guarantee will be the responsibility of the seller and in case of loss, the seller guarantee will be an example of the rule of loss of the seller before the receipt, but the rule of loss in the optional land will not be optional. This is a challenge because according to this rule, despite the possibility of a bill, but under certain conditions, in case of customer-specific options, the loss will still be the responsibility of the seller, ie the party that does not have the option and the right to cancel will be responsible for the loss. The rule is contrary to the requirements of ownership. It should be sufficient with certainty and it should be considered as only three animal options, a condition and a parliament. Manuscript profile

Open Access Article

14 - Interpretation Of Article 540 Of The Civil Code Emphasizing The Principle Of Good Faith (A Comparative Study In The Laws Of Islamic Countries, Imami jurisprudence and Iranian law)
Farshid Khosravi Mohammad Kohani

The agricultural contract is one of the continuous and temporary contracts, therefore, for its validity, it is necessary to determine its duration, sometimes, despite the determination of the duration, as a result of the occurrence of force majeure, the crop may not rea More

The agricultural contract is one of the continuous and temporary contracts, therefore, for its validity, it is necessary to determine its duration, sometimes, despite the determination of the duration, as a result of the occurrence of force majeure, the crop may not reach and be harvested within the specified period, regarding this legislative situation. Article 540 of the Civil Code states: "If the farm contract expires and the crop has not yet been planted, the farmer has the right to remove the crop or to maintain it by charging a reasonable fee." Regarding the ruling of this article, there are many differences of opinion among jurists and jurists. In the present research, an attempt has been made to provide an interpretation based on the principle of good faith while reviewing and criticizing the ideas presented in this case. Also, the legal solution of other countries such as Egypt and Qatar has been briefly examined. Manuscript profile

Open Access Article

15 - Comparative Study Of Realm Of Civil Liability Of A Minor Guardian In Iranian, England And French Law
Maryam Tafazoli Mehrjardi Behshid Arfania

The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development More

The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development of civilization and urbanization and moving away from tribal life, the principle of collective civil responsibility has been shaken, and whoever causes harm to another must compensate the loss himself.In Iranian, England and French law, Civil liability resulting from a minor harmful act is one of the examples of liability resulting from a non-harmful act. Therefore, in Iranian law, those who are in charge of caring for, care or educating a minor, if they fail in this task and as a result, the minor harms another, are guilty according to Article 7 of the civil liability law, and they will be obliged to compensate the damage and if he has not failed, he will be examined according to Article 1216 civil law. This rule is an exception to the principle of personal civil liability. Therefore, the purpose of civil liability in all three countries is to compensate the victims; If the terms and conditions of minor civil liability are met, the injured party has the right to seek redress from the guardian. The minor guardian, like any other civil liability, is only liable for damages attributable to himself resulting from the minor act. Manuscript profile

Open Access Article

16 - The Principle Of Good Faith In Civil Proceedings (In The Light Of Judicial Procedure)
Arman Yaghobi Moghadam Kourosh Delpasand

10.61186/ahrar.2.4.5

In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation sta More

In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation stage and the procedure. And In this study, I will write about the legal status of good faith in the trial in different figures of the good faith of the litigants, the respondent judge, witness and attracting third parties related to the lawsuit and etc. Manuscript profile

Open Access Article

17 - The Effect Of The Global Spread Of The Corona Disease On The Tendency Of The International Arbitration System To Conclude Virtual Arbitration Agreements And Terms And To Implement The Obligations Arising From Them
Reza Shahidi Sadeghi Ashraf Janati

10.61186/ahrar.38609.2.4.31

Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relativ More

Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented. Manuscript profile

Open Access Article

18 - Spiritual Damage And Its Compensation Methods In The Legal System Of Iran And Egypt
ziba mirzaaqazadeh akbar imanpour

10.61186/ahrar.38610.2.4.56

One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuabl More

One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuable. And spiritual rights are more important than material rights. The present study tries to explain and analyze the status of moral damages in Iran in comparison with the Egyptian civil law as one of the important laws in this field. Moral damage is sporadically mentioned, but no specific legal system can be established for it Manuscript profile

Open Access Article

19 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeni

10.61186/ahrar.38611.2.4.68

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

Open Access Article

20 - Examining The Methods Of Compensation For Minor Damages In Iranian And British Law
Maryam Tafazoli Mehrjardi Behshid Arfania

10.61186/ahrar.38612.2.4.82

The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the inj More

The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person. Manuscript profile

Open Access Article

21 - Presenting a model to solve the challenges facing the participation of people and social institutionsIn the fight against environmental crimes
Hasan Haji tabar Nima Parvaneh Maral Darbandi

10.61186/ahrar.38616.2.4.122

Environmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause sever More

Environmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause severe damage to the environment and endanger human health. Environmental crimes against living components of the environment minus humans include all plant and animal organisms. For this reason, and with the uncontrolled increase of this type of serious environmental damage, it has led to the presentation of a model to combat environmental crimes. The statistical population of this article is about ١٣environmental activists in the country who have been interviewed in the form of an open article and at first the challenges of public participation and comprehensive institutions in the fight against environmental crimes Using factor analysis and pls software to determine the relationship between these factors to confirm, then the relationship of these challenges with environmental crimes in a ranking using the Friedman test and finally A model for influencing environmental crimes is presented with the participation of the public and government institutions. Manuscript profile

Open Access Article

22 - Examining The Terms Of Foreclosure And Comparing It With Late Payment Damages
Fatemeh Jameei Hirad Mokhayeri mohsen poormohammad

10.61186/ahrar.38617.2.4.148

Transactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usu More

Transactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usury called "exchange usury".There is also another type of increase in assets in transactions in which one party does not fulfill its obligation on time and as a result causes a loss to the other party and must compensate the damage caused by this delay, which is called "payment delay compensation".Since both of these issues increase the other party's assets,In the present study, while examining the exchange usury, the conditions of its realization and comparing it with the compensation for late payment in these respects, in response to the question that "Is obtaining compensation for late payment one of the examples of usury and is it sanctity or legitimate like exchange usury?"Examining the prohibition of usury and also mentioning the reasons for the legitimacy of late payment damages, we came to the conclusion that although some consider imposing a penalty for late payment as a trick to receive usury.However, several legal articles indicate its acceptance by the legislator, and it is considered legitimate by most jurists for various reasons, and it is not sanctity usury. Manuscript profile

Open Access Article

23 - Apparent Representation And Its Effects In Iran's Jurisprudential Legal System And Common Law
Ebadollah Rostami Chalkasari Ali Jamalzadeh

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowl More

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowledge the representation, while there is no representative relationship between them in the way that is usually expected. Therefore, the first person cannot deny the representation. In Imami jurisprudence, the special word "apparent representation" has not attracted the attention of jurists and there are no rulings around it, but this does not indicate the absence of a similar opinion and its inadmissibility in Imami jurisprudence. The purpose of the research is to compare this theory and its works with similar institutions in Imami jurisprudence. It is thought that the mentioned theory is sometimes effective in facilitating legal practices, so according to the scope of jurisprudence, comparative research in this regard may be effective in Islamic business. In this research, it is expected that the effects of apparent representation and its similar institutions are different in nature, but there is no significant conflict between them. The research method is searching and collecting sources (books, articles,...) and taking notes from them. Manuscript profile

Open Access Article

24 - A Critique On The Shortcomings Of The Law On Landlord And Tenant Relations in 1997
Amirreza Mahmoudi Mostafa Abbasi Seyedeh Mahshid Miri Balajurshri

The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premi More

The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premises has been complicated twice. There is something called head lock and a phenomenon called the right to trade and trade in the relationship between the lessor and the lessee of the place of business, which increases the depth of the differences between the two. The principle in the lease contract is that the tenant vacates the premises at the end of the lease term and hands it over to the lessor. But it has never been so simple. Governments have always had to play the role of "regulator" and "arbiter" between these two. Anyway, the policies of the governments in this field started from the policy of limiting the rights of the owners and gradually it has been oriented towards the liberalization of relations and compliance with the free market economy. Manuscript profile

Open Access Article

25 - Examining The Foundations, Competence And Nature Of Internal And External Courts
Fatemeh Ramezani Abbas Taghvaee

The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features o More

The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features of the government's sovereignty, has passed the traditional territorial rule and objects and It includes the property of Khalraj from the territory of the government. The expansion of jurisdiction rules, which is justified based on the interests of the government and the legitimate interests of individuals, in some cases imposes huge costs on litigants and hearing authorities. Ensuring public interests and conducting a fair trial requires that the hearing authority refrain from exercising broad jurisdiction by considering indicators such as parallel proceedings in a foreign country, the existence of suitable conditions for proceedings in a foreign country, or the need to observe courtesy towards the foreign government. Manuscript profile

List of articles (by subject) Civil Law