List of Articles قانون مدنی

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  1 - Legal-Jurisprudential Analysis of Conditional Sale Option in Relation to Transactions with Right of Restitution
  Saeed  Karami
  Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge ( More

  Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge (rahn) contract. The conditional sale can be analyzed in two ways: First, the conditional sale involving the contractual relationship between mortgagor (seller) and mortgagee (buyer) stipulated in Article 34 of the Law on Registration of Deeds; Second, the conditional sale that does not govern the contractural relationship between the seller and buyer, and it is a real sale under articles 485-462 of the Law. The conditional sale governing the contractural relationship between the mortgagor and mortgagee is an instance of transaction with the right of restitution (Article 33 of the Law). This is why the law has considered the request for registration of the property in conditional sale as a right for the debtor, because in this type of conditional sale the buyer does not intend to conclude a contract of sale. Any negligence of this criterion will raise ambiguities: First, any conditional sale will be taken as the one with the right of restitution, whereas it is otherwise. Second, the real conditional sale has been well stipulated in Article 399 of the Civil Code; therefore, all sales stipulated in Article 399 of the Civil Code must be considered as the transactions with the right of restitution. It is clear that the existence of the element of option in a sale contract does not mean it is an instance of transaction with the right of restitution. Articles 33 and 34 of the Law on Registration of Deeds are not exclusive to provisions of Article 459, because this article is not about the conditional sale governing the contractual relationship between the mortgagor and mortgagee, whereas articles 33 and 34 of the Law govern such relationship. Manuscript profile
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  2 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
  Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad Nourian
  Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a More

  Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile
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  3 - Ruling Divorce: Quranic Principles and Reasons
  Seyyed MohammadKazem  Hoseini Faezeh  Moghtadaee
  Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of th More

  Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of the differences refer to the divorce of the Shari'a and the right of a woman to divorce in times of hardship. The famous word is used 38 times in the Holy Quran, 15 of which are related to family and marriage. In verses 228 to 241 of Surah Al-Baqarah, the famous word is repeated 12 times and emphasizes the importance of rulings such as' iddah, divorce, breastfeeding, etc., so that it does not exceed the shari'ah limits and is treated according to the famous (confirmation of sharia and custom). The legal provisions of the Civil Code of the Islamic Republic of Iran are also taken from the verses related to divorce and include the well-known principles in women's rights and divorce and allow the rulers to issue a divorce decree if the conditions for this type of divorce are approved. Manuscript profile