Contract

Open Access Article

1 - Designing a Fuzzy Expert System for Selecting an Appropriate Contractor in Information Technology Outsourcing
shaban elahi nadia kalantari alireza hassanzade sara shamsollahi

Increment of complexity and costs of information technology systems have made many problems about infrastructure and manpower for organizations which have been decreased by the use of outsourcing. All organizations try to increase the success of outsourcing projects by More

Increment of complexity and costs of information technology systems have made many problems about infrastructure and manpower for organizations which have been decreased by the use of outsourcing. All organizations try to increase the success of outsourcing projects by using different ways. One of the important reasons for failure of these projects especially in IT area- because of its major role in acquisition of competitive advantage- is selecting inappropriate contractor. In order to existence of different and contradictive criteria, this selection is complex. The purpose of this research is to determine important criteria and specify the weights of each criterion and finally design a fuzzy expert system for selecting the best contractor in IT outsourcing. The method of knowledge acquisition from experts-which are managers and experts of IT- is a questionnaire. Also in order to evaluate the validity of system, it was used in an IT company. The results show the favorable performance of contractor selection expert system. Manuscript profile

Open Access Article

2 - Multimedia teaching and its effects on learning and retention of English grammar
Somayeh Ahari

Increment of complexity and costs of information technology systems have made many problems about infrastructure and manpower for organizations which have been decreased by the use of outsourcing. All organizations try to increase the success of outsourcing projects by More

Increment of complexity and costs of information technology systems have made many problems about infrastructure and manpower for organizations which have been decreased by the use of outsourcing. All organizations try to increase the success of outsourcing projects by using different ways. One of the important reasons for failure of these projects especially in IT area- because of its major role in acquisition of competitive advantage- is selecting inappropriate contractor. In order to existence of different and contradictive criteria, this selection is complex. The purpose of this research is to determine important criteria and specify the weights of each criterion and finally design a fuzzy expert system for selecting the best contractor in IT outsourcing. The method of knowledge acquisition from experts-which are managers and experts of IT- is a questionnaire. Also in order to evaluate the validity of system, it was used in an IT company. The results show the favorable performance of contractor selection expert system. Manuscript profile

Open Access Article

3 - Comparative Study of Hobbes, Locke and Rawls' Ideas in the light of the Hypothetical Position of the Social Contract
mokhtar nouri Majid tavasoli

In the modern paradigm of political philosophy, we are faced with a hypothetical position that called social contract. The mentioned paradigm is from Hobbes, Locke and Rousseau to draw the origins of the legitimacy of the political society and the various categories of More

In the modern paradigm of political philosophy, we are faced with a hypothetical position that called social contract. The mentioned paradigm is from Hobbes, Locke and Rousseau to draw the origins of the legitimacy of the political society and the various categories of political philosophy, such as security and property. John Rawls restored the social contract again in the late 20th century. It seems that the purpose of using this hypothetical position from political philosophers is to provide a way of "knowing" about politics. The present article seeks to comparatively assess the position of the hypothetical social contract in the political thought of Hobbes and Locke with the thought of John Rawls in the contemporary era. Findings of the research indicate that the use of the hypothetical position of the social contract from the modern thinkers has a deeper position, while this position is only a representation tool for John Rawls. Because Rawls did not try to use the position of Hobbes and Locke to explain forming political society and its legitimacy, and was only seeking justification justice. For this purpose, we have used a comparative method for matching the ideas and the library method is also a tool for collecting information. Manuscript profile

Open Access Article

4 - The Theory of Resistance in New Constitutional Thought
mohammadreza tajik aref masoudi

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle remini More

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle reminisces political power limits to rulers, and makes citizens manned with utilities to influence their decisions. The origin of this theory can be traced to the ideas of the most important political philosophers like Thomas Hobbes and John Locke. Hobbes in his theory, de facto, realizes the existence of "focus and some points of resistance" to be sublimating the spirit, but Locke considers the power of the government to be conditioned by the obedience and the practice of rules; in case of disobedience may legitimize the rights of people to revolt and dissolve. Therefore, resistance used to be the natural, ethical, and fundamental right of citizens that can only be resorted in case of breeching or dissolving of the basic principles, or the acquiescing of the majority. This study accounts for the processes of organizing the theory of resistance, based on the "right of resistance" of every member of the society, and considers the thought of constitutional quest as its first theoretical carrier. Manuscript profile

Open Access Article

5 - The role of contraction and epithelialization in open wound management
Vahid Shahbazi Nazanin Samiee

The two phenomena of wound contraction and reepithelialization which occur as stages of the repair phase in healing of the wound play an important role in closing the damaged site. Contraction is formed by the transformation of the modified fibroblast cells called myofi More

The two phenomena of wound contraction and reepithelialization which occur as stages of the repair phase in healing of the wound play an important role in closing the damaged site. Contraction is formed by the transformation of the modified fibroblast cells called myofibroblasts, and these cells, through their tensile properties, pierce the wound's environment and cut the edges together, and after contacting the two healthy regions, this process stops. Epithelialization also covers the damaged area by migrating epithelial cells at the wound surface. These cells, by secretion of the enzymes, open their path of movement on the wound surface and, after reaching the same cells, stop and thus the location of the ulcer is covered and problems such as fluid loss and the entry of microbial objects to the body will be disappeared. Manuscript profile

Open Access Article

6 - Resale of Goods in Convention on Contracts for the International Sale of Goods and Possibility of Its Justification based on Property Seizure of Debtor in Iranian Law and Jurisprudence
Elham Shariati Najafabadi Abbas Karimi

Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts witho More

Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts without having to nullify the previous contract. This paper intends to study the possibility of justification of this practice based on Iranian law. The author has applied an analytical, descriptive and comparative method to first understand the resale of goods according to the Convention, and identify similar institutions in Iranian law and jurisprudence. Seizure of property of debtor is among the cases that can justify resale of the property accordingly. Manuscript profile

Open Access Article

7 - A Jurisprudential Study of Guaranteeing Principal Capital in Commissioned Manufacture Bonds
Masoumeh Mazaheri Hamideh Goushi Dehaqi

Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic fina More

Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic financial mechanisms such as commissioned manufacture bonds, the payment of the nominal value included in the bonds is guaranteed by the publisher in due date. Therefore, the owners of the bonds who are the investors of transactions will not sustain a loss or receive a reward for the reduction or increase in the value of the project upon receiving the nominal value of the bonds (principal capital). However, an analysis of the procedure for publication of the bonds, makes it clear that in commissioned manufacture bonds based on interest, the receipt of nominal value of the bonds will be realized according to the entitlement of the owners in due date proportionate to the total value of the amount due. Also guaranteeing the principal capital by the publisher of the commissioned manufacture bonds is according to the liability of the seller to pay for the object of sale. Moreover, the owners of the bonds as the buyers only own the amount due in duty of the debtor and they shall have no right in project thus commissioned. In this sense, any increase or reduction in the value of the project will have no effect in the amount of their claim. Whereas the owners of commissioned manufacture bonds along with rent with an ownership option are the joint owners of the project, thus in case of increase in project value in connection with the nominal value of the bonds, they are entitled to claim the value added. This is because according to the rule of logics the owner of actual property deserves to take a share of the increase in value of actual property value as he is to sustain the damages incurred on the actual property. Similarly, the reduction in project value in proportion to the nominal value of the commissioned manufacture bonds along with the rent with an ownership option, must be attributable to the joint owners, i.e. investors. Manuscript profile

Open Access Article

8 - Delivery of Goods for Future Transaction and Its Guarantee Based on Imamiyah Jurisprudence and Positive Laws (ius positum)
Seyed Mohammad Sadeq Mousavi Maryam Pourtoluei

When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and More

When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and there is no obstacle according to Sharia law to it. The practice has some effects and it is necessary to identify these effects in order to determine the type of relationship of the transactors and arbitration between them. Guarantee on damage or loss of the commodity is one of the guarantees that in view of some jurists is the owner’s obligation, while some consider it that of the receiver. However, since the owner delivers the commodity to the other party upon his will, it is unlikely to consider the receiver responsible unless in wasting commodity or in encroachment. Therefore, guaranteeing the commodity in case of damage or loss is on the owner. Upon evaluation of various views on the nature and impact of the said institution, in this paper all aforesaid views can be taken as one. In this case, the probable problems for the traders in this area will be removed and the ground will be prepared for a fair arbitration between them. Manuscript profile

Open Access Article

9 - A Comparative Study of Mortgage Contract and Its Establishment in Iranian and American Legal Systems
Farideh Shokri

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any differen More

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any difference between the two stages of creation and establishment of the right of pledge. Even in the case of immovable mortgage it is obligatory to register the document. On the other hand, in Iranian legal system the principle of transferability of the mortgage – however briefly – has been officially recognized so that conclusion of a mortgage contract and the establishment of the right of pledgee is no obstacle to future transfer of mortgage or pertinent rights by the mortgagor in case it does not violate the rights of the pledgee. The rule of this principle, without special stipulations on establishment of the rights mentioned in the contract such as obligation to register the mortgage, will sometimes raise consequences such as dispute in discerning priority, reference to the superficial contracts containing the date of priority and consequently violating the rights of pledgee as well as legal dispute in courts and probably penal procedures. Whereas in many legal systems across the world, the US legal system for instance, there is a distinction between the two stages of concluding the mortgage contract or a pledge and stipulations for the establishment of the rights of mortgage for either side. In these legal systems, a distinction has been made between movable and immovable mortgage and establishment of the right of pledgee on each case requires finishing certain formalities otherwise, the right of the pledgee will be incomplete and the priority will be with the other party finishing the procedure. The question raised in this paper is this: Is it possible to make a distinction between the two stages in Iranian legal system with respect to the existing jurisprudential laws and the enforceable legal texts? Manuscript profile

Open Access Article

10 - A Comparative Study of Undue Influence in British Law and Principle of Duress and Compulsion in Iranian Law
Mohsen Esmaili Kazem Shah’bani

Abstract: In British law, equity courts have created and expanded the principle of “undue influence” due to restrictions with principle of duress to compensate damages imposed on the victims. This legal institution is legally applied in the case of a person who had been More

Abstract: In British law, equity courts have created and expanded the principle of “undue influence” due to restrictions with principle of duress to compensate damages imposed on the victims. This legal institution is legally applied in the case of a person who had been under the influence of a third party, his parents for instance, when signing a contract. Therefore he/she is not legally committed to the terms of the contract he has signed. Enforcement of undue influence is one reason for unfairness of the contract and legally sufficient to terminate it. The principle of duress and compulsion in Islamic jurisprudence supports the will of weak and under-influence individuals to some extent. Duress in case of threat and lack of satisfaction will render the contract null and void. Compulsion, in its totality, has no effect on the contract and it only removes penal liability. Only misuse of compulsion and emergency contracts signed under duress (i.e. in cases compulsion has been practiced intentionally by the other party) are similar to the undue influence, neither of which has received outright support by the legislators. After a comparative study of these two legal institutions in Iran and the UK, this paper came to the conclusion that there is a need to reform the principle of duress and compulsion in our legal system. Manuscript profile

Open Access Article

11 - 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

Open Access Article

12 - Legal Status of Contracts Contradicting Conditional Agreements
Mohammad Mohammad Baramai Abbas Asgari

Abstract: Although in conditional contracts the effects of contract appear after realization of the conditionality of the contract, that does not mean the conditional contract lacks its effects before realization of the conditionality. Therefore, in alienative contracts More

Abstract: Although in conditional contracts the effects of contract appear after realization of the conditionality of the contract, that does not mean the conditional contract lacks its effects before realization of the conditionality. Therefore, in alienative contracts, the effect of conditional contract before meeting its conditions shall be attributed to the buyer as a sort of conditional ownership. Perhaps it is because of such right for the promisee in the conditional contract (before meeting the conditions) that any contract contradicting with it may be pronounced non-effective or void. However, a review of the statements of evidence of each one of the three reasons for nullity, ineffectuality and authenticity of such contracts it can be claimed that any contract contradicting conditional contract is sound and valid. This, however, does not mean ignoring the promisee’s rights in conditional contract; rather, by virtue of the conditional contract, the object of transaction along with the buyer’s legitimate right in conditional contract will be transferred to the promisee as is. Of course, for final decision on the conditional contract, the parties should wait for the final status of the conditionality in the contract. In case of failure to meet the conditions, the real right of the buyer in conditional contract over the object of transaction will be null and void and when the conditions are met, one should see when the effects of the conditional contract will be valid. In the meantime, there should be a distinction between formation and validity of the contract vis-à-vis the promisee of the conditional contract. Manuscript profile

Open Access Article

13 - The Nature and Conditions for Transfer of Professional Soccer Players
Seyed Hamid Reza Mousavipour

Abstract: The transfer contract of professional soccer player is the most important contract in this sport. According to this contract, the player is committed to play for a certain club within a certain period of time for a specified sum of money. Conclusion and termin More

Abstract: The transfer contract of professional soccer player is the most important contract in this sport. According to this contract, the player is committed to play for a certain club within a certain period of time for a specified sum of money. Conclusion and termination of this contract are subject to special international and domestic rules and regulations that are quite distinctive from other contracts. Like a person’s hiring contract, this contract is a binding obligation that will be enforceable after signing of the two parties. The contract parties are the professional player and the sports club that must possess capacity to sign a contract. This contract is of binding obligation, thus it shall be only null and void with the consent of the parties or upon a justifiable excuse. Meanwhile, the contract parties should act based on bona fide. In this research work, we will first review the nature of contracts in Iranian law and then proceed with studying conditions for validity of the contract according to the international and domestic rules and regulations. Manuscript profile

Open Access Article

14 - Justice Based on Emerged Conventions: A Critical Analysis of Skyrms’ Idea of Social Contract

Last two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hu More

Last two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hunt and evolution of social structure (2004)، are attempting to lay such explanations of justice by evolutionary game theory. The purpose of this paper is to present and evaluate the analytical framework and foundations of Skyrms’ idea. Accordingly، the paper، based on theoretical and analytical method، finds basic building blocks of Skyrms’ account of the social contract and then examines those foundations. Research findings show that skyrms seeks to naturalization of concepts such as justice; Project that meet with shortcomings such positive conception of values and inner inconsistency. Manuscript profile

Open Access Article

15 - renegotiaton in upstream contracts of the oil industry from the perspective of law a
Rahele Seyed Morteza Hosseini Bahram Taghipour Mehdi Abbasi Sarmadi Fatemeh Amiri

Because of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes wi More

Because of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes will overcome, in such a way that it is difficult for one party to fulfill the obligation, while the other party may benefit from these conditions. In such a case, re-negotiation is one of the solutions that can help resolve this problem. What many of these contracts today are of interest to the parties. Using this method, the parties can review the contract and allow it to continue to be implemented, the parties are required to observe ethics and goodwill to pave the way for an agreement to resolve the problem and exit the stalemate. . Re-negotiation may be entered in the conditional condition at the time of the conclusion of the contract or after agreement of the terms of the parties. This condition will stabilize the contract, and this will encourage foreign companies to invest in oil projects, which will result in economic development of the host country. In fact, this is a condition of a dispute resolution mechanism that prevents the liquidation of the contract in the event of a change of circumstances. However, observance of ethics and good faith requires the contracting party to seriously negotiate and make rational and enforceable proposals. Manuscript profile

Open Access Article

16 - Examining the appropriate pattern of moral hazard in the non-financial terms of oil and gas contracts
Davood Baghaee Babak Vosoughifard Homayoun Habibi

Today, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil productio More

Today, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil production in the Third World countries, with the participation of mainly capitalists from industrialized countries. For this reason, the legal nature of these relationships has been the subject of many discussions. On the one hand, the general and economic aspects and its moral hazard for the host country and the private aspects of capitalism have added to the difficulty of the discussion. The financial and non-financial conditions of such contracts have changed dramatically in different periods of history, creating many patterns. The political and economic changes in the world, in turn, have brought about changes and changes in the context of these relations and its moral hazard. A survey of the first form of these oil relations, signed under the title "Concession Concession" of capital investors with oil-rich governments, has revealed that today's conventional contracts can outline the different aspects of morality in these contracts. In this paper, the study of the appropriate model of moral hazard in the non-financial conditions of oil and gas contracts in Iran is carried out in a descriptive-analytical manner.. Manuscript profile

Open Access Article

17 - Legal and ethical solutions to deal with corruption in concluding international trade agreements
Bahram Taghipour Mehdi Abbasi Sarmadi Azam Mahdavi Pur Mohammad Taghi Ebrahimi

The purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is th More

The purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is the corruption that exists in the conclusion of international business contracts in the legality of the conclusion of the contract? What are the most important examples of corruption in international trade? What is the most important anti-corruption solution in international business contracts and in general, international trade? The results of the research show that the involvement of illegally brokers and brokers in international commercial contracts leads to the invalidation and ineffectiveness of these contracts due to their influence and the existence of bribes. Bribery, leakage, transaction collusion, fraud and fraud, commercial exploitation, illicit proceeds, money laundering, theft and seizure of property and committing other financial distortions by public officials and abuse of duty are the most important examples of corruption in the field of international trade. The accurate implementation of international instruments and domestic anti-corruption laws and the development of preventive criminal and non-judicial education is the most important way of tackling corruption in international trade. Manuscript profile

Open Access Article

18 - Explanation and application of the principle of non-discrimination in B-group contracts

Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of thes More

Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of these contracts and has led to the formulation of rules and regulations governing their implementation and enforcement by governments. In fact, the current framework for the classification of contracts in the form of a eBay contract. She. T is engineered and engineered according to their needs and the legal principles are not respected. Therefore, the current classification has several major disadvantages, including disregard for the nature of contracts, disregard for the principles of contracts, and disregard for the principles of division in law. Careful examination of these contracts shows that some of these contracts are so different from the BWT contract that they cannot be classified as a BWT contract and the proper division of these contracts into a B group. And the subgroup of Group B contracts. She and Dee. Bi. Is Manuscript profile

Open Access Article

19 - Ethical Analysis of a Comparative Study of the Rulings of Traditional and Electronic Contracts in Iran and Antitrust
mahmoud erfani

commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has onl More

commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has only changed the pillars of this contract. United Nation’s Commission on International Trade Law (UNCITRAL) has provided three important documents on e-commerce as follows: “ANCITRAL Sample Law on E-commerce”; “ANCITRAL Sample Law on E-signature”; “The United Nations Convention on the Use of Electronic Communications in International Contracts”. ANCITRAL sample law on e-commerce, major changes in communications, and in particular, in electronic and computer-based communications on trading, led ANCIRTAL to put the issue of electronic commerce on an agenda from the early 1980s. E-commerce consists of series of legal issues which finding an answer to them, in legal systems, is an irrefutable necessity. One of these issues is the termination of electronic contracts. Since the traditional contracts, in our country, are in their early stages, it is desirable to take advantage of the patterns that international institutions have put forward in this regard. Offering functional suggestions in relation to the topic can be considered as the goals specified in this study Manuscript profile

Open Access Article

20 - The ethical obligations of the parties in oil bunk contracts in Iran
Farzam Ardalan Nejat Ali Almasi mansour atashene

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile

Open Access Article

21 - The ethical obligations of the parties in oil bunk contracts in Iran
zohre azadi Abdullah Nasri

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile

Open Access Article

22 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharnia

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contra More

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contract is undeniable. In principle the freedom of contracts, In the event of unforeseen events and a radical change in the circumstances of the conclusion of the contract, the possibility of termination or revision has been provided to the party experiencing unforeseen difficulties or losses as a modification of the contract. Given that the principle of contract freedom is rooted in ethical principles, Thus, clarifying the ethical principles of contract law will be effective both in negotiating and concluding and enforcing it, and in limiting the principle of free will and sovereignty. The study of institutions such as possession of property, prohibition of abuse of power, prohibition of harm to others, indecency, and other institutions clearly show that their main and major basis are ethical principles and principles. Therefore, in the present study, after expanding the conceptual space of the research topic, we will examine the modification of the contract and its governing principles. The research method is descriptive-analytical and data collection is in libraries. According to the research findings, modification of the contract is a concept that is accepted in both national law and Islamic jurisprudence, Because the principle of contractual freedom permits the parties to the contract to impose any correct condition in the contract, it is possible to modify the contract in Imamieh jurisprudence by resorting to the three jurisprudential principles of " the juristic rule of “negation of harm and difficulty ", " prohibition of detriment " and " the juristic rule of “what is possible " but in Iranian law Modifications to the contract can be accepted on the basis of " occurredlesion theory " and "theory of change of circumstances". Manuscript profile

Open Access Article

23 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
Masoumeh Ghadirian Mozafar Bashokouh Alireza Lotfi Dudran

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna More

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile

Open Access Article

24 - Investigation of Environmental Ethics and Legal in Oil Contracts
مسعود طاهری Masoud alborzivarki Abdollah Kiai

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes th More

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes the environment Life has led environmentalists to the theoretical foundations of human interaction with nature, including ethics. The consideration and observance of the principles of environmental ethics that are in line with the ideals of divine ethics and at the same time include economic development and prosperity are more serious than ever in explaining the theory of appropriate environmental ethics, It is one of the necessities of protection and exploitation of the environment. The environment is anything around us that affects us and we can influence them. From Islam's point of view, the most important are: justice in the environment, environmental development, environmental protection and prevention of environmental degradation and pollution, destructive effects of development plans, optimal consumption , Environmental health, the creation of a recycling system, and so on. Given the status of the oil industry in today's world, it should not be left out of control and ignored by human and environmental damage, but should seek solutions. To reduce these damages. Today, refineries emit millions of pollutants into the air, posing a serious threat to human health and the environment. In this article, while considering the ethical and legal principles of the environment, the environmental considerations in oil contracts and the position of Iranian laws and regulations are examined. Manuscript profile

Open Access Article

25 - moral challenge and responsibility of caspian"s oil and gas unilateral usage
Soheil Asgharzadeh Abdul Karim Shahidar

After the collapse of the Soviet Union, Iran faced with new neighbors in this region; the neighbors who actually had no intention to adhere to their previous country’s commitments and this issue is important in ethic and international rules aspects. However, the exploit More

After the collapse of the Soviet Union, Iran faced with new neighbors in this region; the neighbors who actually had no intention to adhere to their previous country’s commitments and this issue is important in ethic and international rules aspects. However, the exploitation of the seabed and under seabed reserves of the Caspian Sea has been among the unsolved problems yet. Furthermore, no agreement has been made about sharing such resources in the recent convention in Aktau. Despite considering Caspian as a sea or lake, the principles of international law like procedures of the countries and the principles of the international trials and doctrines do not confirm any unilateral use of gas and oil resources of this sea by the countries; on the other hand, the mentioned convention emphasizes the requirement of making a separate agreement about the seabed and under seabed resources of this sea which also suggests the requirement of making a comprehensive agreement among these countries. Nevertheless, what is actually observed is the exploitation of these resources by all countries bordering the Caspian Sea without considering the benefits of the other countries. In this regard, Iran has the most passive position. It is obvious that the countries in the Caspian border shall determine their objectives by applying the principles of international law and new geopolitical changes and make a comprehensive agreement about oil and gas resources. Before considering this significant affair, a comprehensive use of these resources is not allowed based on the international law and will arise international liability that is affected from universal ethics. Manuscript profile

Open Access Article

26 - Consistensy between Contractualism and Rule-Utilitarianism on Parfit and its valuation
Seyed Taghi Agha Miri Seyed Ahmad Fazeli Mohsen Javadi

Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism More

Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism treats the two differently. Parfit utilitarianism is not only different from other forms of utilitarianism, but also distinct from normative utilitarianism, rooted in the principles of general principles based on his rationality, objectivism, and anthropology. He has the same view of contractualism. Parfit says:A)Agreed general moral principles ,B)followed the rational principles that people agree on. Principles must be chosen that can be rationally formulated so that no one can easily dismiss it.This kind of contractualism wants to show, firstly, the existence of moral knowledge and, secondly, the objectivity of moral values and propositions by relying on rationality.Parfit tries to build utilitarianism and contractualism on the maximum of rationality. Manuscript profile

Open Access Article

27 - The role of religious beliefs and doctrines In compliance with the contractual obligation
shahnaz seifollahi mahmud ghayumzadeh Hossein HabibiTabar

Responsibility literally means to be obligated or committed to do something. Duty refers to something that is legally or customarily incumbent on someone. Homework also means burdening someone with hard work and suffering. Commitment means taking on a job as well as mak More

Responsibility literally means to be obligated or committed to do something. Duty refers to something that is legally or customarily incumbent on someone. Homework also means burdening someone with hard work and suffering. Commitment means taking on a job as well as making a covenant. Right also means share and share. Each of these words is somehow related to each other. For example, unless someone has a duty, he will not be responsible for doing it or not, and he will not be held accountable. The word homework is also associated with responsibility and duty; Because in all three cases, something is the responsibility of the person that its implementation is necessary and obligatory. Naturally, a person's divine human personality and his or her faith beliefs will play a key role in commitment and fulfillment of extraterritorial duties. In the present article, using a descriptive-analytical method and based on qualitative content analysis, the role of the individual's spiritual and doctrinal personality in the commitment to fulfill duties and contracts has been explained and ambiguities have been answered in this regard. Manuscript profile

Open Access Article

28 - Explain the impact of the doctrinal and ideological dimension on the issue of Muslim-non-Muslim marriage
Abdullah Omidifard

Marriage between Muslims and non-Muslims is one of the issues that has been raised since the beginning of the formation of Islamic society; And with the growth of connections between communities and the residence of people with different beliefs and tendencies around th More

Marriage between Muslims and non-Muslims is one of the issues that has been raised since the beginning of the formation of Islamic society; And with the growth of connections between communities and the residence of people with different beliefs and tendencies around the world, the need to answer this question. In this article, the author seeks to review the reasons for the marriage of every Muslim, whether male or female, with any non-Muslim, whether a book or an infidel, and with any belief or religion that is against Islam. he result of this research, which is analytical and descriptive and with a library method, indicates that the verses and narrations presented to cite sanctity are irrelevant due to the possibility of renouncing the infidels who disobey Islam. Opposition, which is also permissible by human nature and there is no definite reason to reject it, can be concluded: the marriage of a Muslim with a non-Muslim person who is not opposed to Islam and respects differences of opinion is unimpeded. Manuscript profile

Open Access Article

29 - Smart Contract Technology, Evolution in the Development of E-Commerce: Requirements and Policies
Mohsen Sadeghi Mahdi Naser

10.52547/jstpi.20805.16.61.1

Modern trading tools play an undeniable role in the development of e-commerce. One of these tools are smart contracts, which have features such as speed and high security compared to other types of electronic contracts. This paper attempts to answer the question of what More

Modern trading tools play an undeniable role in the development of e-commerce. One of these tools are smart contracts, which have features such as speed and high security compared to other types of electronic contracts. This paper attempts to answer the question of what are the challenges of policymaking the general rules of contract formation at the stage of smart contract conclusion? In general, the most important challenges are to comply with the rules governing these contracts with existing norms in society, the conflicting domestic laws and international regulations, the validation of these contracts, and the means of concluding them including virtual currencies, the mechanism of artificial intelligence performance and the centralized nature of artificial intelligence. Addressing these challenges requires some legislative and executive policymaking, including the adoption of efficient laws for the validation of smart contracts and virtual currencies, the revision of existing laws, predicting thef of virtual currency licensing and the use of digital signatures, informing people and designating regulatory bodies. Manuscript profile

Open Access Article

30 - Investigating the role of social undermining in the Workplace Bullying and Violation of psychological contracts
akbar bahmani

One of the effective factors on the occurrence of phenomena such as deviant behaviors, pessimism and job dissatisfaction in the organization is the perception of employees about the non-fulfillment of promises given by the organization, which occurs in violation of psy More

One of the effective factors on the occurrence of phenomena such as deviant behaviors, pessimism and job dissatisfaction in the organization is the perception of employees about the non-fulfillment of promises given by the organization, which occurs in violation of psychological contracts. Supervisors are in the workplace. Therefore, the purpose of this study is to analyze the effect of Workplace Bullying on the violation of psychological contracts with the mediating role of social undermining. It is a survey. The statistical population of the present study is the corporate employees of a government organization of 400 people. Due to the limited number of statistical population, 196 people were selected as a sample using a simple random sampling table using a simple random method. Field methods have been used to collect initial data and information to confirm or refute the research hypotheses. Among the various methods used to determine the validity of the measurement, face validity and content validity were used for this study. Cronbach's alpha coefficient and combined reliability were used to assess the reliability. In this study, the data collected by the questionnaire were analyzed using SPSS and lisrel software for statistical analysis. The results show that Workplace Bullying is 0.41 on social undermining; 0.71 has a significant effect on psychological contract violation and finally social undermining with a path coefficient of 0.69 on psychological contract violation at 95% confidence level. psychological contract with a path coefficient of 0.36 on social wear at the 95% confidence level. Manuscript profile

Open Access Article

31 - Wound management in the limb of the horse
Abbas Raisi Khosro Safari

The two phenomena of wound contraction and reepithelialization which occur as stages of the repair phase in healing of the wound play an important role in closing the damaged site. Contraction is formed by the transformation of the modified fibroblast cells called myo More

The two phenomena of wound contraction and reepithelialization which occur as stages of the repair phase in healing of the wound play an important role in closing the damaged site. Contraction is formed by the transformation of the modified fibroblast cells called myofibroblasts, and these cells, through their tensile properties, pierce the wound's environment and cut the edges together, and after contacting the two healthy regions, this process stops. Epithelialization also covers the damaged area by migrating epithelial cells at the wound surface. These cells, by secretion of the enzymes, open their path of movement on the wound surface and, after reaching the same cells, stop and thus the location of the ulcer is covered and problems such as fluid loss and the entry of microbial objects to the body will be disappeared. Manuscript profile

Open Access Article

32 - Investigating The Relationship Between Lease And To Put Decision In Iranian Law
Mehdi Hamzeh Hoveida Kourosh Bayat

There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery More

There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery with respect to According to jurists, these results have been achieved through the library collection method. Lease is considered as a contract, while there are disagreements about the to put of the contract, which according to the definition of the contract in the civil law, forgery is also considered as a contract and the to put and agent are committed to do a series of things. The important difference between a lease contract and a to put contract is that a lease contract is necessary, but a forgery contract is permissible, and also in some rulings such as determining the agent and the action and the duration and exchange of the conditions of validity are different. Although the lease contract is different from the to put contract, but they are similar in other respects as well, such as being a covenant, being in exchange, being a trustee, and so on. Manuscript profile

Open Access Article

33 - The Role of Critical Success Factors in Empowering Managers (Case Study: Isfahan Municipality Contracting Companies)
reihanehalsadat hashemi ahmadreza shekarchizadeh Mohammad shekarchian khouzestani

Capable human source is one of the important components of organizations entering the complex areas.On the other hand, capable employees are the result of the presence of skilled management. Although several factors play role in managers' empowerment. Examining the comm More

Capable human source is one of the important components of organizations entering the complex areas.On the other hand, capable employees are the result of the presence of skilled management. Although several factors play role in managers' empowerment. Examining the common ground of these factors identifies and reveals the vital factors of success in empowering managers. Empowerment is considered as one of the useful tools to improve the quality of employees and increase organizational effectiveness.Therefore, considering the importance of managers' empowerment, the present study was conducted to identify the critical success factors in empowering managers of Isfahan Municipality contracting companies. The present study is an applied research which has been done by descriptive (survey) method. Its statistical population included the managers of Isfahan Municipality contracting companies and the sample size was estimated to be 120 people using Cochran's formula. The data collection tool in this study was a researcher made Delphi questionnaire. To analyze the data, SPSS software and descriptive statistics indicators as well as one sample t-test were used. The critical success factors have an effect on empowering the managers of Isfahan Municipality contracting companies and play a role above the average (4.179). The results of this study showed that six factors: Motivation, education, managerial skills, focus on human resource development, awareness raising and analytical thinking, play a vital role in the success of empowering managers.The role of these factors was confirmed at a higher than average level in empowering the managers of these companies.the managers of these companies Manuscript profile

Open Access Article

34 - The effect of the bill in contracts in iranin law with comparatives the Shiite jurisprudence and Common law rights
mohammad reza habibi mehr rohangiz mohammadi moghanli

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of More

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill. Manuscript profile

Open Access Article

35 - The principle of freedom of contract in dealing with its limitations
elham ahmadi bani

Manuscript profile

Open Access Article

36 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi Masouleh

10.61186/ahrar.38615.2.4.102

One 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 More

One 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

37 - On The General Rules Of Contracts In The Legal System Of Iran And France
Ali Jamalzadeh Behnam Ghanbar pour

Electronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What i More

Electronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What is the basis of the guarantees of contract performance when the parties do not even know each other? How have the civil law of Iran and France defined the rules surrounding these contracts? These types of contracts are covered by the general rules of contracts, which follow the laws related to electronic commerce and civil law. However, how these contracts comply with general rules in different countries may have differences. In particular, there are various rules regarding the obligations arising from electronic contracts, which we have tried to discuss in this article about their dimensions in Iranian and French law. Our method in this article is based on the method of library study and is done in a descriptive-analytical way. Manuscript profile

Open Access Article

38 - Investigating the moral and social approach of the semi-liberty system according to the law on reducing the punishment of imprisonment
nafise jalali iraj goldozian sayyed reza Mosavi

One of the tools of criminal policy is the institutions that pave the way for the return of criminals to society. Prison punishment, although inherently an opportunity that creates the necessary readiness to return and the prisoner on the verge of re-entering the commun More

One of the tools of criminal policy is the institutions that pave the way for the return of criminals to society. Prison punishment, although inherently an opportunity that creates the necessary readiness to return and the prisoner on the verge of re-entering the community from the ability to readjust. It should be noted, but it should not be forgotten that the prison environment is an environment with all the possibilities of rehabilitation. Basically, it enables and confronts the offender, especially in long-term convictions, when he leaves prison. This led the legislature to approve for the first time in the Islamic Penal Code adopted in 1392 a system called the semi-liberty system in Articles 56 and 57. This legal establishment is in the interest of some defendants who grant this establishment to Defendants is subject to several conditions. In the present article, while examining the semi-liberty system in the law approved in 92 and examining the legal and religious principles and stages of its implementation, this system was examined in reducing the punishment of imprisonment 1399 and it was found that this system in which the convict consents to the amount of punishment It is a condition that not only tolerance is for the accused, but also for the society and the government, because with the release of the accused from prison, the society will have more labor for prosperity and production, and on the other hand, the government will reduce the cost of prisons. It is a clear example of criminal justice being contracted in Iran. Manuscript profile

Open Access Article

39 - Identifying the factors influencing the performance of employees during the Corona crisis by thematic analysis
shohreh namjouyan maysam chegin marziyeh mohammadi

The spread of Covid-19 caused a significant transformation in the way people and organizations live and work. Therefore, to stay competitive on the labor market, organizations must develop comprehensive strategies that allow them to identify their environmental opportu More

The spread of Covid-19 caused a significant transformation in the way people and organizations live and work. Therefore, to stay competitive on the labor market, organizations must develop comprehensive strategies that allow them to identify their environmental opportunities and threats in accordance with market conditions. In addition, they must continue their activities. Tehran has taken place. The main question of this study is: What factors affected the performance of the employees of the contracting company during the Corona crisis? To answer this question, theories and models related to the subject and previous research have been investigated. Research in the current study is based on qualitative methods and an exploratory approach. The statistical sample of this research, which was selected by the snowball method and in a targeted manner, includes 14 managers and experts of a large contracting company in the metropolis of Tehran. The requirement was extracted using thematic analysis method. The results included 60 open codes in the form of 4 main concepts and 16 sub-themes. The results of the research showed that the 4 main criteria of organizational culture, job satisfaction, leadership and management, and finally, information and communication technology have the greatest effect in modifying the negative effects of the covid-19 disease on the performance of employees. Based on the results obtained, the 4 main criteria of organizational culture (with a weight of 0.446), satisfaction Job (with a weight equal to 0.331), leadership and management (with a weight equal to 0.152) and finally technology Information and communication (with a weight equal to 0.070) respectively have the greatest effect in modifying negative effects The covid-19 disease has an effect on the performance of employees. Manuscript profile

Open Access Article

40 - Civil liability arising from the void of Iranian law
Ghafar Ehsan Bakhsh

The purpose of this study is to civil liability arising from the void of Iranian law and comparing it with German law. The transformation of the contract is one of the solutions to prevent the contract. In the transformation of the contract, the principle of freedom of More

The purpose of this study is to civil liability arising from the void of Iranian law and comparing it with German law. The transformation of the contract is one of the solutions to prevent the contract. In the transformation of the contract, the principle of freedom of will and the cases that prevent this principle from applying this principle are discussed, how to determine the title of the contract according to the principle of custom, the will of the will, and its interpretations. The will of individuals has a sovereignty in regulating and concluding a contract, so it plays a key role in the interpretation of the contract between the parties to the contract. The principle of freedom of the will of the parties in the conclusion of the contract is limited in some cases. These are the barriers to the principle of will. When conflicting the true will of the parties to these obstacles, their agreement is condemned to invalidate. As a result, their contract is considered false. The nullity of the contract has disrupted the economic order of society and is contrary to the principle of contractual strength. In foreign law, if the false contract has another correct contract, it is transformed into the correct contract, which is called the transformation of the contract. But there is doubt about the existence of this institution in domestic law. The reason for this doubt is that neither in jurisprudence nor in subject law there is no independent issue regarding the transformation of the contract, although it is found. These instances in jurisprudence have been interpreted in issues such as virtual will and corruption of the marriage and the guarantee of the contract. In this study, the civil liability issues arising from the void of the contract in Iranian law be compared and examined in the plant. Manuscript profile

Open Access Article

41 - A Jurisprudential Approach To The Nature Of The Medical Contract
Keyvan Rezayi Seyyed Mohammad Asadi nejad

The 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 More

The 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

42 - An online scoring system using distributed ledger technology based on smart contracts
سیده الهام موسوی خو

The online rating system on most websites provides users with a rating for products and services. The lack of trust in the correctness and non-manipulation of data has caused users' satisfaction to not be provided as it should be. Considering that the existing online sc More

The online rating system on most websites provides users with a rating for products and services. The lack of trust in the correctness and non-manipulation of data has caused users' satisfaction to not be provided as it should be. Considering that the existing online scoring system deals with a central server, all score data is stored in a central server; Therefore, all score data can be deleted, changed and manipulated by the system administrator to change the score results in favor of the service or product provider. In this research, the online scoring system using distributed ledger technologies has been introduced as a proposed system to solve all the weaknesses in the current systems. Distributed ledger technologies are a type of technology that works in a decentralized manner and there is no focus from any entity on this technology. There are different types of distributed ledger technologies. Among distributed ledger technologies, block chain technology is chosen for the proposed scoring system due to its smart contract support. In the proposed online scoring system, the performance criteria of a node are unknown and therefore cannot be used directly to optimize the segmentation results. To solve the performance problem caused by the difference of nodes in the blockchain without knowing the different characteristics of the nodes, we propose a new segmentation method called NoRS. This proposed method consists of four phases: NoRS schematic, scoring mechanism, segmentation strategy, transaction confirmation, creation and release of new block. Therefore, by reviewing the transaction process reports, we evaluate the nodes and assign them to different committees based on the score corresponding to each node; With this process, the ratio of different nodes within the committee is balanced to improve the blockchain transaction efficiency. The advantages of the proposed scoring system compared to the existing systems are that the proposed system works in a decentralized manner and the information cannot be manipulated. Also, the privacy of the scorers is preserved and the transparency of the data is guaranteed. Manuscript profile

Open Access Article

43 - The Role Of Good Faith Principle In Iranian Law And International Commercial Contracts (During Negotiation, Conclusion, Performance And Interpretation Of Contracts)
Nazila Taghavi

10.61186/ahrar.45870.4.7.1

Good 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 More

Good 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

44 - An Examination Of The Condition Of Suspended Contracts From The Perspective Of Sheikh Ansari And Sahib Jawahir Al-Kalam
Morteza Mohammad zade

10.61186/ahrar.45875.4.7.1

A group of jurists have considered one of the conditions of the composite contract as the condition of "tanjees" (suspension). In fact, the meaning of "tanjees" is whether the contract has been concluded or suspended. A suspended contract is one in which the parties hav More

A group of jurists have considered one of the conditions of the composite contract as the condition of "tanjees" (suspension). In fact, the meaning of "tanjees" is whether the contract has been concluded or suspended. A suspended contract is one in which the parties have intended to conclude the transaction with a suspended condition against it, and without a suspended condition, they have intended that the contract will not be concluded. From another perspective, a concluded transaction is a transaction in which the intention of the parties has not been bound by a condition or attribute. In this article, we examine the views of two renowned jurists, the late Sheikh Ansari and Sahib Jawahir al-Kalam, regarding the condition of "tanjees" in contracts. We also explore whether their views are the same or different, and if different, what differences exist between their opinions. Ultimately, we analyze the opinions of these great scholars based on our knowledge and expertise. Manuscript profile

Open Access Article

45 - Legal Effects of Gamete Transfer Contracts (Egg and Sperm)
seyyedeh maryam asadinejad

10.61186/ahrar.45960.4.8.1

Nowadays, 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 More

Nowadays, 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

46 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Donya Hosseini moghadam

10.61186/ahrar.45964.4.8.1

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to it More

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes.One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions. Manuscript profile

List of Articles Contract

Rimag

Links

Related Centers

Technical Support

Official pages