List of Articles رای

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  1 - Third Party Objectionable Judgments
  Ebadollah  Rostami Chalkasari Mahmud  Kohani
  Principally 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 More

  Principally 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
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  2 - The Effect Of The Global Spread Of The Corona Disease On The Tendency Of The International Arbitration System To Conclude Virtual Arbitration Agreements And Terms And To Implement The Obligations Arising From Them
  Reza Shahidi Sadeghi Ashraf Janati
  10.61186/ahrar.38609.2.4.31
  Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relativ More

  Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented. Manuscript profile
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  3 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
  Shaghayegh  Shaghayegh shamsi Abedin momeni
  10.61186/ahrar.38611.2.4.68
  According 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 More

  According 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
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  4 - Comparative study of suspension of validity conditions from the perspective of Imam Khomeini and Ayatollah Khoei
  Farshid Khosravi
  Although the ruling on the suspension of validity conditions in contracts is clear and unambiguous among legal scholars, and even though according to Articles 699 and 1068 of the Civil Code, suspension in divorce and warranty is invalid, their suspension based on validi More

  Although the ruling on the suspension of validity conditions in contracts is clear and unambiguous among legal scholars, and even though according to Articles 699 and 1068 of the Civil Code, suspension in divorce and warranty is invalid, their suspension based on validity conditions is acceptable to legislators and legal scholars. For example, according to Article 700 of the Civil Code, the suspension of warranty based on its validity conditions does not invalidate the contract. However, since in Imami jurisprudence and among jurists, the suspension of a contract is subject to certain conditions, including its validity conditions, there is a difference of opinion among jurists regarding the validity or invalidity of such a suspensive condition. In this research, using a descriptive and analytical method, the views of the late Imam Khomeini and the late Khoei, two prominent contemporary jurists, have been examined on this issue. Based on the analysis of the opinions of these jurists, it can be concluded that although these two great scholars have different views on whether suspension invalidates a contract in its creation or origin, they agree on the ruling of suspension based on validity conditions in a contract. The difference is that unlike Khoei, who explicitly stated the ruling on such a condition, Imam Khomeini did not directly refer to this issue, and the ruling on the validity of this condition can be inferred from his fatwas. Manuscript profile