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Open Access Article
1 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
Saleh Yamrali reza shahidi sadeghiReciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an MoreReciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. Manuscript profile -
Open Access Article
2 - The Place Of Justice In Imamih Jurisprudence
Mehdi Torkashvand Sedigheh Zahedifar Ali Hossein EhtashamiThe study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human li MoreThe study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human life. Justice is proved by the good appearance of individuals, the prevalence and martyrdom of the two just. And justice by committing a sin (how great, such as polytheism, adultery, sodomy, apostasy, etc. The criterion of being a great sin is that in the narrations and verses the promise of punishment has been promised for it, and what a minor sin). Disappears. Of course, some jurists believe that all sins, even minor ones, are major; Because in all of them, God becomes a sinner. And this theory is strong. (That is, sin, whatever it may be, is God's sin in it, and there is no need to divide the great and the small). There is a difference of opinion among the jurists as to why justice falls against morality; And the correct statement is that against morality, justice will fall. But by repenting again, one's justice is established. Manuscript profile -
Open Access Article
3 - 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
4 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi MasoulehOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio MoreOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript profile -
Open Access Article
5 - 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
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