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Open Access Article
1 - Third Party Objectionable Judgments
Ebadollah Rostami Chalkasari Mahmud KohaniPrincipally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for pr MorePrincipally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them. Manuscript profile -
Open Access Article
2 - 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
3 - 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
4 - A Jurisprudential Approach To The Nature Of The Medical Contract
Keyvan Rezayi Seyyed Mohammad Asadi nejadThe medical contract expresses the mutual cooperation of the patient's will with the doctor or treatment group. And due to the integration of the two fields of law and medicine, it is of special importance. Of course, this agreement is not the only reason for creating a MoreThe medical contract expresses the mutual cooperation of the patient's will with the doctor or treatment group. And due to the integration of the two fields of law and medicine, it is of special importance. Of course, this agreement is not the only reason for creating a legal relationship. In medical emergencies, due to the lack of a healthy will on the part of the patient, it may not be possible to realize an effective agreement. In this case, the permission of the law replaces the permission of the patient, and exceptionally, the law creates this relationship. It is very likely that there will be a difference between the doctor and the patient, Therefore, knowing the "legal nature" of the contract and using the general and specific rules of the chosen contract, Not only does it have intrinsic value in theoretical discussions, but it also makes it scientifically come from the stage of theorizing into the field of practice. And finally, this method is a way to solve the disputes of the parties. In the review and analysis of a contract, it is particularly important to know the "legal nature" in comparison with the secondary rights and obligations arising from that contract. In the analysis of this contract, there are two theories of "definite contract" and "indefinite contract". It seems that in this contract, by which the doctor finds the very dangerous position of the authority to seize the body and life of the patient, The obligations of the doctor and the patient towards each other are an "indirect and secondary" effect and precede the existence of another legal entity called "proxy". And knowing this concept due to the necessity, including: compliance with jurisprudential and legal principles and principles, preserving the patient's dignity, as well as compliance with the ethical principles of medicine, is the beauty of this contract. Manuscript profile -
Open Access Article
5 - Consumer rights of food products
Mahvash Abolghasem kashanimanufacturers 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 Moremanufacturers 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
6 - 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
7 - Legal Effects of Gamete Transfer Contracts (Egg and Sperm)
seyyedeh maryam asadinejadNowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and withou MoreNowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and without addressing its fundamental principles, it becomes difficult to establish legal rights for them. Therefore, in the jurisprudential examination, we first address the issue of permissibility or prohibition of using these artificial insemination methods, and then examine the legal status of these methods that determine the lineage of these children, and finally discuss the legal rights and obligations of the parties involved in the artificial insemination contract, as determining the child's lineage will clarify other issues such as custody and guardianship. New fertility or artificial insemination is a therapeutic approach that was developed in the late twentieth century to treat infertility in couples. This therapeutic method began in 1765 and eventually led to the treatment of infertility in humans, and among the methods used in this regard is the use of a surrogate or second husband's womb to place the fetus for growth until the moment of birth. Manuscript profile -
Open Access Article
8 - 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
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