List of Articles Iranian law

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  1 - Mortgage of Jointly Owned Property in the Jurisprudence of Five Religious Schools of Law and in Iranian Law
  Saeed  Farsad
  Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mea More

  Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mean possession of the jointly owned property. It is clear that submission of the jointly owned property to the mortgagee, in cases where it requires possession of the shares of the other partners, requires obtaining their consent. In cases where the mortgager submits the property to the mortgagee without the consent of the other partners, he shall be considered legally responsible for that. However, in cases where the submission of property means evacuation, the submission of the property does not mean possession of the shares of other partners, thus according to the jurisprudence of the above-said schools of law it does not need their consent for evacuation. This paper intends to study these issues in the jurisprudence of the abovementioned five schools of law and in the Iranian law. Manuscript profile
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  2 - A Study of the Procedures for Liquidating Bankrupt Banks (A Comparative Study of American and Iranian Legal Codes)
  Mohammad Isai Tafreshi Khadijeh  Shirvani
  Abstract: It was after the 1929 Great Recession in the United States that the world economy suffered heavy losses and Iranian officials began paying attention to the bankruptcy of the banks and its highly negative impacts on the national economy. Consequently, the lawma More

  Abstract: It was after the 1929 Great Recession in the United States that the world economy suffered heavy losses and Iranian officials began paying attention to the bankruptcy of the banks and its highly negative impacts on the national economy. Consequently, the lawmakers came to the conclusion that rules and regulations on bankruptcy of the commercial corporations are not sufficient for verifying bankruptcy of the banks – which are considered commercial corporations in kind. On this basis, the United States has tried to consider certain rules and regulations for bankruptcy of banks, thanks to their role in national economy and their differences from the commercial corporations. The bankruptcy code for banks and financial institutions in the United States is called Resolution Regime. It is the government’s legal framework that resolves a failed bank in an orderly way to prevent the collapse of financial markets and the country’s financial system, to continue key services by the banks and to prevent the burden of bankruptcy on the government and taxpayers. In Iranian law, the bankruptcy regime of the banks is not a hundred percent apart from the bankruptcy of the corporations. In case of the bankruptcy of a bank, the Trade Law rules and regulations on bankruptcy will be considered as general rules and other monetary and banking rules and regulations will be particular ones. In case of the silence of the particular laws, the general rules and regulations will be applicable in case of the bankruptcy of the banks. In U.S. law, liquidation is the last step to deal with a bankrupt bank, while in Iranian law - since there is no substitute method for liquidation - the bankrupt bank starts liquidation immediately after receiving the order of bankruptcy. Manuscript profile
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  3 - Comparative study of moral damage in Iranian and Egyptian law
  Hasan  Ajdari Nejad Ali  Almasi Iraj  Pour Erfan
  For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter More

  For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it. Manuscript profile
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  4 - Legislative ethical review of Iran's international obligations in the fight against terrorism
  Alireza  Ansari Behzad  Razavi Fard javad tahmasebi
  The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite More

  The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite the wide-ranging nature and features of the phenomenon of terrorism, it has only become a controversial international, regional, and domestic debate for decades. Despite the fact that today all countries condemn the sound of terrorism, unfortunately, the topic of terrorism is more political than legal. Therefore, the phenomenon of terrorism has become one of the most important security concerns of nations and governments around the world. The prevalence of the phenomenon of terrorism is not limited to a particular region or states, but from a small, less developed country to the world's largest powers, somehow face this security problem. Manuscript profile
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  5 - Ethical Analysis of Leasing Liquidation in Iranian and French Law
    Ahmad   
  In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related t More

  In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related to real persons or legal entities. In this meanwhile, lease contracts as gratuitous and purchase contract considers as such contracts which the legal effects of dissolution returns to it. This article intends to carry out a comparative study to determine the approach of Islamic republic of Iran and France's Civil Code about the dissolution cases of the lease by utilizing a qualitative approach that is based on gathering information from library resources. Findings from this study indicated that from the perspective of legal sources, we can invalid the agreement between the landlord and tenant and order to its dissolution through some forms of dissolution, including termination, nullity and also the lease termination. Also, in the civil law of Iran, contract lease is a customary contract. Therefore, at the time of the conclusion of the contract, the value of the procured profits must be determined and specified; despite of the French legal system which considers the contract lease to be a covenant. It is not possible to determine the term indefinitely; in this case, the contract lease is null and void. Manuscript profile
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  6 - 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
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  7 - The Nature, Effects and Requirements of Child Adoption in Iranian Law with a Comparative View of Islamic Principles and British law
  marjan Arastuei
  Adoption is an essential entity in current societies which in addition to providing the benefits for children without a guardian and couples without children, will have positive social implications and so it’s necessary to adapt its rules to social requirements. In this More

  Adoption is an essential entity in current societies which in addition to providing the benefits for children without a guardian and couples without children, will have positive social implications and so it’s necessary to adapt its rules to social requirements. In this study, the nature, conditions and effects of adoption in Iranian law were reviewed with a comparative looking at Islamic law as well as English law. Data analysis indicates that in Iranian law, following Islamic law, there is incomplete form of adoption and despite recent legislative progress and development, the effects of adoption are not sufficiently and effectively provided in the law, while the principles and Islamic teachings show capacities to strengthen the entity of adoption by considering social conditions and requirements. In English law, on the other hand, a complete adoption system is applied, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents. However, in recent rules, a kind of incomplete adoption under the name of special guardianship has been identified in the law of this country, which has provided a dual system for taking advantage of different approaches to adoption. Manuscript profile
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  8 - Obligations of the Adopter Couples towards the Adopted Child and the Enforcement of it in the Iranian Legal System with a Comparative Study in English Law
  Marjan Arastooie
  Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessa More

  Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessary by regulating the obligations of guardians and enforcement of them. Obligations of guardians in Iranian law include transferring part of the property, the provision of child expenses, life insurance for the child and custody and good behavior and not to commit acts leading to disqualification, which in case of violation of each one according to the relevant rules will lead to the termination of the adoption, the change of the custody order and the compensation of the damages to the adopted child. In English law, on the other hand, there is a complete adoption system, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents, which reduces the distinction between the obligations of biological and non-biological guardians. But, in recent laws, a kind of incomplete adoption under the name of ‘Special Guardianship’ with specific obligations has also been identified in this country. In English law, due to the guardian's obligations, which include alimony, care and decision-making in the affairs of the adopted child, there is a guarantee of performances such as obliging and guiding the guardian to perform legal duties and the possibility of prosecution in case of child abuse. Also, according to the judicial procedure and the emphasis of the law on the principle of the material and spiritual well-being of the child, contrary to the rule, in very special and exceptional circumstances, formal adoption can be terminated. Manuscript profile
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  9 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
  Shaghayegh  Shaghayegh shamsi Abedin momeni
  10.61186/ahrar.38611.2.4.68
  According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More

  According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile
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  10 - 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
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  11 - 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
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  12 - Civil responsibility of hospital construction, the centrality of legal entities in Iranian law
  Mohammad Khobi mikhosh
  10.61186/ahrar.45867.4.7.1
  The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that More

  The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating. Manuscript profile
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  13 - 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
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  14 - 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
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  15 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
  Abasat Pour mohammad Faeze Jahani moghadam
  10.61186/ahrar.45966.4.8.1
  In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l More

  In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws. Manuscript profile