List of Articles سلب

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  1 - Priority in Subscription of New Shares in Joint Stock Companies in Iranian and American Legal Codes
  Abduolreza  Asadi Aqboaghi
  Abstract: The priority in subscription of new shares is the same as priority given to the previous shareholders that is under certain legal procedures and nature. The source of priority in Iranian law is law and articles of association in American law. In both legal sys More

  Abstract: The priority in subscription of new shares is the same as priority given to the previous shareholders that is under certain legal procedures and nature. The source of priority in Iranian law is law and articles of association in American law. In both legal systems, priority is a transactable right. The transfer of this right is carried out in the stock market or outside the market and based on restrictions the shareholders face in transfer of their shares. Like movable properties, priority can be attached by the third party and it can be sold on tender without formalities and immediately after the approval of the court. In Iranian law, priority is a peremptory norm and a non-abrogatable right of the former business partners. According to the articles of association, their rights cannot be denied although denying their priority is within the discretion and authority of extraordinary general assembly, which should be well-justified and non-forceable. The procedures must be brought in the reports of the board of directors and the official inspectors for proper decision making. In the United States of America’s law, however, the priority is a complementary principle and the shareholders will enjoy priority in case it has already been mentioned in the articles of association of the bank or financial institutions, otherwise, they will have no priority in subscription for new shares or for capital increase unless the articles of association is amended. Manuscript profile
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  2 - Contracts of Build, Operate and Transfer in Free Trade of Iran
  reza nik khah sarnaghi Mehdi  Sheidaei Gourchin Qaleh
  Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after co More

  Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after constructing and operating the project, the consortium is obliged to transfer the project to the investee government after a specific time. Different governments especially in the underdeveloped countries consider this contract as an effective tool in attracting foreign investment in order to get an effective management to run infrastructural projects. In order to succeed in this method, the investee government should provide legal, economical and political sect for the private investors. In the Iranian legal system, the only existing rule is the rule of encouraging and supporting foreign investors legislated in 2002 in the Expediency Discernment Council in which this contract is briefly briefed. Due to the particular position of the free industrial and commercial zones, this kind of contract can be advantageous for the government in Iran in order to attract foreign investment and have access to the modern technologies. This study attempts to determine the motivations in using B.O.T. contract and the role of such a contract in attracting foreign investment. Besides, in this article attempts have been made in order to investigate the dispossessions of the international investors as well as the ways of solving their problems.. Manuscript profile
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  3 - The Impact of Deprivation of Rights on Intrinsic Dignity and Human Personality in Civil Rights
  Farhad  Parvin Hoseinieh  Radpasand
  Article 959 of the Civil Code deals with the deprivation of rights in general and in Article 960 specifically with the deprivation of rights related to personality. Prohibition of deprivation of liberty is rooted in the inherent dignity and dignity of man. But on the ot More

  Article 959 of the Civil Code deals with the deprivation of rights in general and in Article 960 specifically with the deprivation of rights related to personality. Prohibition of deprivation of liberty is rooted in the inherent dignity and dignity of man. But on the other hand, the requirement of social as well as family life is the restriction of certain rights and freedoms governing human personality. But partial deprivation of rights is also permissible to the extent that it is not contrary to public order and good morals and does not hurt public feeling. In this article, with the descriptive-analytical method, these findings have been obtained, which guarantees the implementation of the general deprivation of rights related to personality and also its partial deprivation in cases that are contrary to public order and good morals. However, in cases where the deprivation of the right is partial and legitimate, the non-observance of the obligations by the obligor to the deprivation of the right causes his civil liability. Manuscript profile
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  4 - Anthropomorphism and Transcendence in Ibn Arabi and Spinoza
  Abdulrazzaq  Hessamifar Pedram  Pourmehran
  Anthropomorphism and transcendence are related to the quality of Man’s perception of Divine Names and Attributes. The roots of this discussion can be traced back in divine revelation and holy books. In the world of Islam, the anthropomorphic and transcendental verses of More

  Anthropomorphism and transcendence are related to the quality of Man’s perception of Divine Names and Attributes. The roots of this discussion can be traced back in divine revelation and holy books. In the world of Islam, the anthropomorphic and transcendental verses of the Qur’an have provided the context for several discussions among Muslim mutikallimun. During the Christian Middle Ages, the Holy Book and the thoughts of the philosophers of that period concerning affirmative and negative methods of knowing God promoted some debates about the Divine Attributes. Ibn Arabi and Spinoza are two philosophers from two different philosophical traditions: one is an intuitive gnosis and the other is a rationalist philosopher; however, both of them deal with the knowledge of God and His Names and Attributes based on a monistic approach. Moreover, both of them follow the same approach to anthropomorphism and transcendence and believe in them. In the present paper, the writers initially present the ideas of Ibn Arabi and Spinoza about anthropomorphism and transcendence and then proceed to analyze and compare them. Manuscript profile