List of Civil Law subject articles

Open Access Article

1 - Civil responsibility of hospital construction, the centrality of legal entities in Iranian law
Mohammad Khobi mikhosh

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that More

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating Manuscript profile

Open Access Article

2 - Consumer rights of food products
Mahvash Abolghasem kashani

manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important m More

manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important matter to be considered is that it inflicts damage on the community health, while it distorts the public discipline and change the balance between production and consumption. Introduction of basic customer rights across Europe, triggered formulation of a special law for protecting customers in Iran. However, it is imperfect due to the ambiguous method of compensating for losses. Hence, based on the principle of no harm, this essay tends both to find a legally protective umbrella for customers and develop a robust economy as a remedy for the inefficient laws enacted regarding civil liability and protecting customers against the complications of market. For this purpose, this essay introduces a food manufacturer as a sufficient and primary cause that inflict harm, and specifies that the manufacturer’s failure plays role only in ascertaining of the causal link; It also set asides the liability resulting from food production failures and substitute it with manufacturers’ sense of responsibility for the final results , safety assurance, and a perfect responsibility based on legal and jurisprudential principles. Manuscript profile

Open Access Article

3 - The role of technology in the process of investigation
Maryam Ahmadi Matin Bazyar

Today, Information technology has penetrated all sectors of society and its impact on the advancement of processes is significant. The judiciary and the prosecution are not exempt from this and application of technology in this area is popular all over the world. Althou More

Today, Information technology has penetrated all sectors of society and its impact on the advancement of processes is significant. The judiciary and the prosecution are not exempt from this and application of technology in this area is popular all over the world. Although discussion on the possible use of technology in this sector is not very old but from the beginning it has been met with reception and introduction of proposals in various areas, in order to better use in the administration of justice. Our country is also not far behind and use of technology in the judiciary is following up with related laws and regulations. The necessity of application in this section has been the subject of many studies and articles and some Recommendations has been provided for use in proceedings that they has been more in the field of criminal procedure. However Study about the issue that technology specifically in which procedural steps and sections could be used or not, is novel and although necessary to know. In this article, by investigating details of civil procedure form and looking in to each parts from possible use or non-use of technology, effort has been to inaugurate an opening to offer new recommendations. Manuscript profile

Open Access Article

4 - Examining the Principle of Good Faith in Chinese Judicial Practice with a Focus on the New Civil Code (Enacted in 2021)
Farshid Khosravi

One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific li More

One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific limitations based on the principle of good faith and sometimes consider the concepts of good faith and fairness to be interchangeable. In the Chinese legal system, the duty of good faith is not limited to the stage of contract execution, but both parties are obliged to observe good faith in all stages of a contractual relationship, from pre-contractual negotiations to contract dissolution and rejection of substitutes. The new Civil Code of China is the first comprehensive and complete law in the field of private law in China, which is derived from numerous past special laws but has many innovations in the field of contracts and contemporary issues such as environmental protection, smart contracts, etc. Therefore, it can be said that it is a pioneering and up-to-date law in this regard. Manuscript profile

Open Access Article

5 - The Effect of Divorce Before Intimacy on the Cancellation of Dowry
Mohammad ali Rasouli moghadam

In the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have ent More

In the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have entitled to the residue of the half of itself or its price.”, in this case; the question is that if the wife forgives release all or more than half of(dowry of bride, which is exactly the husband’s total duty ) after marriage contract and the husband divorces her before having intercourse with her, since release is a kind of possessing and domination of the debt or is similar to the loyalty to a pledge, and considering the command in the article above; does the wife owes the residue of the half of dowry of bride The popular response to this question by the Faghihs of Imamia is positive whereas other Faghihs and lawyers disagree with their view. While studying this subject; in this essay, we will try to understand the evidences of those in favor and opponents of this and will observe some aspects of the topic that have been less taken into consideration. Manuscript profile

List of articles (by subject) Civil Law