List of Articles principle

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  1 - 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
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  2 - 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
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  3 - A Reflection On The Positive Principle And Its Application In Iranian Jurisprudence And Law
  Behnam Ghanbarpour Seyyed Ali  Jabar Golbaghi Masoleh
  The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authen More

  The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authenticity in other interpretations of signs. The necessity of research on the positive principle is that the positives and rational and Shariah requirements are of fundamental use in jurisprudence and subject law. And it can be the basis of the judge's decision in some cases; For example, if due to the immaturity of the contracting parties, there is doubt about the nullity of the transaction, By referring to the positives of the authenticity principle, it is possible to judge the authenticity of the transaction; Now this question is raised whether the rational, customary and normal principles of practice have also been taken into consideration by jurists and lawyers? The findings of the current research, which is organized in a descriptive and analytical method, indicate that the positive aspects of signs are evidence; But the positives are practical principles that are considered as apparent rules, And they are used in practice when in doubt, and in the real world they have no discovery of the truth. They do not have the ability to hold. As a result, the rational and customary positives of practical principles such as the principle of association and the principle of acquittal cannot be effective in judicial procedures and will not be invoked. Manuscript profile
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  4 - The Role of Good Faith Principle in Iranian Law and International Commercial Contracts (During Negotiation, Conclusion, Performance and Interpretation of Contracts)
  Nazila Taghavi
  10.61186/ahrar.45870.4.7.1
  Good 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 More

  Good 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
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  5 - Examining the Principle of Good Faith in Chinese Judicial Practice with a Focus on the New Civil Code (Enacted in 2021)
  Farshid Khosravi
  10.61186/ahrar.45967.4.8.1
  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
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  6 - The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
  Qasem Qasemi bivarzani Fariborz Letafati Roqaye Bahonar
  10.61186/ahrar.45996.4.8.1
  In the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflic More

  In the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 1392, and this law, which as a normal law should contribute to the transparency, elaboration and future work of the principles of the Constitution, has become a summary and generalization, which is the result of it. The abandonment and inefficiency of Article 167 of the Constitution will be in effect. Manuscript profile