List of Articles احکام

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  1 - 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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  2 - 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 moghadam
  10.61186/ahrar.45966.4.8.1
  In 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 More

  In 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