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Open Access Article
1 - Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Fatemeh Jameei Nader Khavandgar Hirad MokhayeriThe 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 MoreThe 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
2 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeniAccording 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 MoreAccording 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
3 - On The General Rules Of Contracts In The Legal System Of Iran And France
Ali Jamalzadeh Behnam Ghanbar pourElectronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What i MoreElectronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What is the basis of the guarantees of contract performance when the parties do not even know each other? How have the civil law of Iran and France defined the rules surrounding these contracts? These types of contracts are covered by the general rules of contracts, which follow the laws related to electronic commerce and civil law. However, how these contracts comply with general rules in different countries may have differences. In particular, there are various rules regarding the obligations arising from electronic contracts, which we have tried to discuss in this article about their dimensions in Iranian and French law. Our method in this article is based on the method of library study and is done in a descriptive-analytical way. Manuscript profile -
Open Access Article
4 - Civil responsibility of hospital construction, the centrality of legal entities in Iranian law
Mohammad Khobi mikhoshThe 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 MoreThe 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
5 - The Role of Good Faith Principle in Iranian Law and International Commercial Contracts (During Negotiation, Conclusion, Performance and Interpretation of Contracts)
Nazila TaghaviGood faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we ca MoreGood faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we can infer a general rule for observing good faith in laws and make the parties to the contract obliged to observe it in all stages of the contract, including negotiation, conclusion, performance and interpretation. In fact, legal examples such as options, provisions regarding coercion and necessity, non-reliability of defects, deals of bankrupt merchants after acceptance, etc. can be considered as evidence of accepting this principle in Iranian law. On the other hand, according to Article 1-7 of the Principles of International Commercial Contracts, the parties must act in accordance with good faith and fair dealing. Therefore, the principle of good faith must be observed in all stages of the contract. The function of this rule can be seen in various provisions of these principles. Manuscript profile -
Open Access Article
6 - Analytical Study of the Differences between the 1956 and 1976 Rent Laws and Their Advantages and Disadvantages
Fateme Farad_e_falsafiThe right to rent and the right to occupation, profession, or trade are among the most important issues related to leasing, which have a very important place in legal and economic discussions. The change and evolution of this legal and regulatory institution has always MoreThe right to rent and the right to occupation, profession, or trade are among the most important issues related to leasing, which have a very important place in legal and economic discussions. The change and evolution of this legal and regulatory institution has always been sensitive and controversial. In this research, we intend to examine the differences between the 1956 and 1976 rent laws and their advantages and disadvantages in a library manner. Manuscript profile -
Open Access Article
7 - Draft of the 25-year Comprehensive Cooperation Plan between Iran, China and its Benefits and Shares with the Principle of Denying Sabotage.
Hadi Abangah azgomi Milad Ramezanin Erfan Yousefi qale roudkhaniThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famou MoreThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famous prophetic hadith "Islam prevails and is not prevailed upon," and the consensus of scholars. One of the practical applications of this principle is that regulating relations between Muslims and non-Muslim nations should always prioritize the legal rights of Muslims over non-Muslims. The Islamic Republic of Iran, which has established its government based on Islamic jurisprudence, has been striving in recent years to prove its religious, political, and economic independence and not sign any agreements contrary to Islamic law, jurisprudence, and the country's interests. However, some scholars and politicians challenge this principle of jurisprudence regarding the signing of the 25-year cooperation agreement between Iran and China. Some believe that implementing this agreement goes against Islamic jurisprudence and the country's interests, while others believe that it does not violate the principle of "negation of the path" and is in the country's best interests. Therefore, this article aims to describe and compare the advantages and disadvantages of this agreement with Islamic jurisprudence, the principle of "negation of the path," and the country's interests using a descriptive method. Manuscript profile -
Open Access Article
8 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Donya Hosseini moghadamThe purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to it MoreThe purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes. One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions. Manuscript profile -
Open Access Article
9 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
Abasat Pour mohammad Faeze Jahani moghadamIn the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l MoreIn the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws.. Manuscript profile -
Open Access Article
10 - Exploring the Role of Testimony and Judge's Will in Analyzing and Investigating Article 241 of the Civil Procedure Law in Iran
Fereydoun ShayesteThe aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspe MoreThe aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspectives of the experts in this field are examined and criticized. The author will present his own viewpoint in the conclusion and summary of the study. Manuscript profile
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