• List of Articles Minor

      • Open Access Article

        1 - Constitutional Thinkers' Perception of the Concept of Equality
        mohamad ali tavana Mohammad kamkari Mohammad Javad  Mostafavi Montazeri
        Simultaneously with the constitutional movement and the change of the political system from (absolute monarchy to constitutionalism), the debate over the idea of equality became popular among the thinkers of this era. But the question is that what was the thinkers’ atti More
        Simultaneously with the constitutional movement and the change of the political system from (absolute monarchy to constitutionalism), the debate over the idea of equality became popular among the thinkers of this era. But the question is that what was the thinkers’ attitude of this age (constitutionalists and sharia seekers (Mashroehkhahan)) about equality? Based on the four categories of ontological meaning, dimensions, realm and scope of inclusion, the present article examines the perception of constitutional thinkers of equality. The method of the present article is text-based reading. The findings of the study are as follows: Constitutionalist religious thinkers such as Naini and Mahallati emphasized the legal (rather than natural) equality of the nation, including the equality of religious minorities and women in civil and social dimensions (rather than religious). And they recognized specifically political equality only for the wise men of the nation. Constitutionalist secular thinkers such as Akhundzadeh and Talibov, and moderate constitutionalist thinkers such as Mostashar al-Dawla and Malkum Khan at the same time emphasized the natural and legal equality of the nation in the civil, social and political dimensions in the public sphere. In contrast, sharia seekers (Mashroehkhahan) such as Sheikh Fazlullah Nouri, Ali Akbar Tabrizi, and Najafi Marandi believed in natural inequality (especially from a religious perspective) and saw the civil, socio-political equality of religious minorities and women as opposed to the inherent superiority of Islam. Manuscript profile
      • Open Access Article

        2 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
        Maryam  Tafazoli Mehrjardi Behshid Arfania
        Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their righ More
        Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child. Manuscript profile
      • Open Access Article

        3 - Investigating The Element Of Fault In The Civil Liability Of The Minor Guardian In Iran And England’s Law
        Maryam  Tafazoli Mehrjardi behshid arfania
        The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions More
        The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions, what he has done should be examined as being in conflict or compliance with the behavior of a reasonable or normal human being as a criterion of fault. In Iranian law, fault has a social meaning and therefore minors can be deemed guilty and responsible in this respect. If a guardian is responsible to maintain or to take care of a minor according to the law or the contract and commits a fault accordingly, the minor is not responsible but the person who has failed to maintain or to take care of the minor will be responsible for the compensation. Under English law, guardians, including parents and others caring for minors, have no representative responsibility for minors’ faults. The guardian is only responsible if he or she has personally failed to take care of or has motivated the minor to commit a fault. Manuscript profile
      • Open Access Article

        4 - Comparative Study Of Realm Of Civil Liability Of A Minor Guardian In Iranian, England And French Law
        Maryam  Tafazoli Mehrjardi Behshid Arfania
        The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development More
        The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development of civilization and urbanization and moving away from tribal life, the principle of collective civil responsibility has been shaken, and whoever causes harm to another must compensate the loss himself.In Iranian, England and French law, Civil liability resulting from a minor harmful act is one of the examples of liability resulting from a non-harmful act. Therefore, in Iranian law, those who are in charge of caring for, care or educating a minor, if they fail in this task and as a result, the minor harms another, are guilty according to Article 7 of the civil liability law, and they will be obliged to compensate the damage and if he has not failed, he will be examined according to Article 1216 civil law. This rule is an exception to the principle of personal civil liability. Therefore, the purpose of civil liability in all three countries is to compensate the victims; If the terms and conditions of minor civil liability are met, the injured party has the right to seek redress from the guardian. The minor guardian, like any other civil liability, is only liable for damages attributable to himself resulting from the minor act. Manuscript profile
      • Open Access Article

        5 - Examining The Methods Of Compensation For Minor Damages In Iranian And British Law
        Maryam  Tafazoli Mehrjardi Behshid Arfania
        The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the inj More
        The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person. Manuscript profile
      • Open Access Article

        6 - Examining the levels of types and realization of peace from the Baha'i point of view
        ali khalaji Amir Reza  Khalili seyed ahmad darestani Seyyed Mohammad  Hosseini
        Peace is one of the important issues that all sects and religions pay serious attention to and try to present a clear picture of. Baha'i is one of the sects that is trying hard to show itself as the leader in providing peace and peaceful coexistence in the world. The ma More
        Peace is one of the important issues that all sects and religions pay serious attention to and try to present a clear picture of. Baha'i is one of the sects that is trying hard to show itself as the leader in providing peace and peaceful coexistence in the world. The main question in this article is, what is the concept, degrees and types of peace in Baha'i texts? The purpose of this research is to show the levels and characteristics of peace using Baha'i written sources. The findings of this research show that four terms of peace have been mentioned in Baha'i texts, which are general peace, lesser peace, greater peace, and greater peace. These terms do not have exact characteristics and for the first three terms, the feature of homogeneity is mentioned and the greatest peace is when all people accept the Baha'i teachings and become Baha'is. The image of peace from the Baha'is has no scientific depth and is just a few simple recommendations, and contrary to what they believe, it cannot be considered as the savior of mankind and knowledge from God. The nature of this descriptive scientific article and the method of collecting information is also a library. Manuscript profile