List of Articles Civil Law

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  1 - 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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  2 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
  Saleh   Yamrali reza shahidi sadeghi
  Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an More

  Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. 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