List of Articles Obligation

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  1 - Comparative Study Of late Payment Damage With Usury
  Babak Mohammad Rezapour Faezeh Jahani Moghadam
  In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in m More

  In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in most banking systems as well as in various legal rules. But this principle in Islamic countries has sometimes interfered with the concept of Reba, so that some jurists consider it as a Reba and have forbidden it. This principle has been widely debated in our country, but it has been accepted by the legislature as a principle. However, there are still many challenges regarding the legitimacy or lack of legitimacy of the principle of delayed payment penalty in the banking system. In this paper, it is attempted to address the reasons for the legitimacy of the delayed payment penalty in the banking system. Manuscript profile
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  2 - 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
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  3 - 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
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  4 - Theory of Extinction of Original Obligations by Signing Commercial Papers
  Alireza  Alipanah Somayeh  Ahmadi Majdabadi Farahani
  The issuance and delivery of commercial papers do not mean fulfilment of payments or extinction of previous obligations; rather, it is with the hand-over of the commercial papers that both obligations under the commercial papers are met and the original obligations beco More

  The issuance and delivery of commercial papers do not mean fulfilment of payments or extinction of previous obligations; rather, it is with the hand-over of the commercial papers that both obligations under the commercial papers are met and the original obligations become extinct. Although commercial papers bear obligation per se, until before payments for commercial papers are made, the criterion for action will be original obligations. There is, of course, difference of opinion among jurists on this rule, while it has been confirmed in the majority of the legal systems. However, there is another theory stipulating that issuing a commercial paper and handing it over to the creditor suffices for extinction of original obligations. The proponents of this theory believe in the “substitution of commercial papers”. Although they accept the fact that a commercial paper means ‘commitment to pay’ not ‘payment per se’, they believe that the obligation coming from the commercial paper shall be replaced with the original obligation, suggesting that somehow a shift of obligation takes place. Manuscript profile
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  5 - Fundamentals of “Principle of Unconditionality of Commercial Paper Obligations” in Iran’s Jurisprudence and Law
  Akram  Safiri Farzaneh  Karimi
  The role commercial papers play in transactions and economic relations is this that they are appropriate substitutes for cash in payments. Along with easy, fast and safe transfer and turn-over, they guarantee the rights of the owner as well. Realization of this will be More

  The role commercial papers play in transactions and economic relations is this that they are appropriate substitutes for cash in payments. Along with easy, fast and safe transfer and turn-over, they guarantee the rights of the owner as well. Realization of this will be possible when obligations of the signatories of the papers are expressed absolutely and clearly, not conditioned to anything else. The prerequisites calling for unconditionality of commercial papers are considered among the fundamentals of this principle, which we have studied in this paper in two sections of “legal requirements” (the need for using commercial papers instead of cash, the need for meeting speed, ease and security in carrying and transfer of commercial papers and the need for protecting the rights of the commercial paper owners) and “jurisprudential requirements” (exigency of protecting property and preventing disruption in economic system). Manuscript profile
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  6 - 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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  7 - 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
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  8 - 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
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  9 - 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
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  10 - Judicial and Ethical Guarantee of Economic, Social and Cultural Rights in the Legal System of the Islamic Republic of Iran
  sadegh asadolahi aliakbar gorji azandiriani Bizhan Abbasi saber niavarani
  This study is an attempt to shed light on the government's threefold human right obligations, and how they are guaranteed in the Iranian legal system. The legislator, in its obligation to protection, has taken a desirable step to ensure these rights by establishing pub More

  This study is an attempt to shed light on the government's threefold human right obligations, and how they are guaranteed in the Iranian legal system. The legislator, in its obligation to protection, has taken a desirable step to ensure these rights by establishing public courts. In its obligation to respect, the Administrative Justice Tribunal has, to some extent, guaranteed the right of citizens to petition. In its obligation to fulfill to the court's failure to comply with these obligations, it has practically disregarded itself, and the legislator has neglected to envisage an appropriate legal regime by failing to designate a competent judicial body. Therefore, the issue addressed in this study is the extent to which the Iranian legal system has been successful in securing the constitutional welfare rights. Besides, has the legislator, by predicting Article 173 , been able to satisfy the right to petition under Article 34 ? In addition to explaining the judicial guarantees,This study attempts to examine how the Ethical guarantees of these rights derive from the oath of the President in our legal system. And to what extent has this oath been able to move forward in realizing and guaranteeing these rights? This article seeks to answer this questions by collecting data using a descriptive-analytical method. The current paper come to conclusion that by creating a solid legal system, these rights and also ensuring the right to petition citizens can be strengthened. Manuscript profile
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  11 - Components of child sexual education from the perspective of educational jurisprudence
  Shirin  Mohammadi Panah Maryam  Aghaie Bajestani Reza  Kohsari
  Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help ma More

  Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help maintain the chastity and strength of families and prevent the occurrence of some moral anomalies during adolescence. And the maturity of the children.Families have a duty to access this important; In addition to being aware of the correct educational methods, in the first step, they should learn the divine commands and the Shari'a rules and practice them in this field, and then, they should give the correct Shari'a education to their children in order to finally provide Community health and achievement lead to happiness in the hereafter. This article, extracted from the treatise, with the aim of explaining the sexual issues of the child based on the verses and hadiths of the Ahl al-Bayt (AS) and based on the content analysis method, examines some jurisprudential rules in child sexual education and examines the correct education methods. . The results of this study show that it is necessary for parents to sexually educate their children and put their sexual instincts on the right path of control and satisfaction; Although children do not have sexual responsibilities before puberty, in order for education to be established and institutionalized, parents must take care of their children before they reach puberty, and this responsibility is objectively assigned to the parents. Manuscript profile
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  12 - Explanation of Characteristics and Dimensions of the Rule of Imamate Jurisprudenc
  farokh  mohseni
  Rule requirements of certain jurisprudential rules, but the rules of society, the Shiite jurists, according to the narrative of the strongest evidence base is crucial requirement The proof of this principle in jurisprudence and Jzyan agree. The meaning of the rule of ne More

  Rule requirements of certain jurisprudential rules, but the rules of society, the Shiite jurists, according to the narrative of the strongest evidence base is crucial requirement The proof of this principle in jurisprudence and Jzyan agree. The meaning of the rule of necessity, require the ingredients Imamiyyeh and Kfar rules and assignments that they believe it. This is the same meaning of the Hadith known as "Al-Zumoham Bama Al-Zammah". Therefore, from the perspective of Shiite jurists, rule that the legal requirements of a law allowing Shia and non-Shia lays in cases where there is disagreement between Shiite jurisprudence. Followers of Sunni Islam or followers of other religions are bound to their convictions, and thereby benefit though it is not accepted law on Shiite jurisprudence. On this occasion a discussion of the rule requiring a special position in law is based on some of the elders said: "If this principle is the basis for the market and Muslims remain in place.". Manuscript profile
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  13 - Confidentiality agreement: a reliable way to prevent disclosure of IPRs owners' confidential information
  Mostafa  Bakhtiarvand Akram Aghamohammadi
  10.7508/jstpi.2016.04.005
  IPRs owners, especially inventors, from the creation of idea up to its commercialization are often faced with disclosure of confidential information delivered to third parties during license agreement negotiations. In fact, the main purpose of confidentiality agreements More

  IPRs owners, especially inventors, from the creation of idea up to its commercialization are often faced with disclosure of confidential information delivered to third parties during license agreement negotiations. In fact, the main purpose of confidentiality agreements is to protect different types of IPRs including know-how, trade secrets, etc. with a view to prepare the background for proper and effective supervision and management of their exploitation. The use of non-disclosure agreements in high-tech sector, specifically for computer and internet companies is a common in license agreement negotiations. On the other hand, researchers and inventors in knowledge-based companies may be faced with challenges like disclosure of confidential information in the process of acquiring IPRs protection. The important point is the ignorance of many idea owners and inventors as to how such agreements are concluded. When delivering confidential information, non-disclosure agreement covers merely this information and is concluded for its protection before license agreement is concluded or during license agreement negotiations. Signing and entering into such agreements, without knowledge of laws and their characteristics, may cause dangerous and heavy obligations for parties. In this paper, with an analytic-descriptive approach, we define non-disclosure agreement, its necessity, function, types and common terms and conditions. The results of this paper indicate the necessity of delivering accurate and efficient information to IPRs owners regarding entering into confidentiality agreements and the need to modify the current legal structure in order to protect their rights. Manuscript profile
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  14 - Principles Governing the Child's Right to Health in the International Human Rights System
  Zahra Ebrahimi Zahra Moshrefjavadi
  Children as the recipients of the right to health and the future of any society need the support of the government, their parents and legal guardians while entering adulthood. The Convention on the Rights of the Child has referred to the issue of child health in several More

  Children as the recipients of the right to health and the future of any society need the support of the government, their parents and legal guardians while entering adulthood. The Convention on the Rights of the Child has referred to the issue of child health in several articles and the Committee on the Rights of the Child has called on governments to consider childhood conditions and children's evolving capacities when fulfilling their obligations toward them. Thus, the Convention on the Rights of the Child has four core principles that underpin all children's rights: the right to life and survival, non-discrimination, the right to be heard and consideration of child’s best interests such as all human rights. Since children's right to health is a general right and encounters various challenges from the time of birth and even before that to adolescence, some principles are added to the basic principles in order to supplement the content of their right to health and complete them. The right to education, protection from abuse and misbehavior and prohibition from harmful practices and threats of the digital world are specific principles governing the definition of children's right to health. Governments need to consider this right of children in all areas and recognize children as individuals possessing rights. Manuscript profile
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  15 - Different Types of Intellect in Mulla Hadi Sabziwari’s View
  Seyyed Mohammad  Hosseini Nik Seyyed Hashem  Golestani Fathali  Akbari
  There are several different interpretations of the intellect, and a number of different duties, types, and levels have been attributed to it in conformity with each interpretation. Among them, reference can be made to fitri intellect, theoretical intellect, practical in More

  There are several different interpretations of the intellect, and a number of different duties, types, and levels have been attributed to it in conformity with each interpretation. Among them, reference can be made to fitri intellect, theoretical intellect, practical intellect, universal intellect, active intellect, basis for obligation, etc. In the same vein, gnostics and sufis have even referred to obligation and escape from the intellect. In this paper, following an analytic-descriptive method and based on a new ontological and epistemological division, the writers have tried to examine the different types of the intellect from the viewpoint of Mulla Hadi Sabziwari. In the ontology of the intellect, this concept is considered as a level of existence or an existent which is discussed in the framework of universal intellects, particular intellects, and the ten-fold intellects. Moreover, the relationships and differences between them are explained therein. From an epistemological approach, the intellect is viewed as Man’s faculty of perception. The writers also explore the natural intellect, empirical intellect, theoretical intellect, and practical intellect and their levels, the simple intellect, and the differentiated intellect alongside the epistemology of the intellect. The findings of this study indicate that, when explaining the different types of the intellect, we sometimes deal with the human intellect (levels of the rational souls, particular intellect, or livelihood intellect) and sometimes with non-human intellects (universal separate intellects) and, since the ascended and descended intellects are two levels of the same species, they connect with each other in the arches of ascent and descent. The findings also reveal that the intellect which gnostics usually reproach is the imperfect particular intellect, which is under the influence of fanciful thoughts, and it is the habitual and natural intellect which is the criterion for obligation. Manuscript profile
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  16 - 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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  17 - The place of ethics in non-proliferation
  goudarz beyrami Atefeh  Amininia soudeh shamlou
  Ensuring peace requires changing the way people view themselves and others. Based on this, we can assume that a world without nuclear weapons is exactly like the world in which man aspires to live. Many of us are convinced that the use of nuclear bombs. In Hiroshima and More

  Ensuring peace requires changing the way people view themselves and others. Based on this, we can assume that a world without nuclear weapons is exactly like the world in which man aspires to live. Many of us are convinced that the use of nuclear bombs. In Hiroshima and Nagasaki on August 6 and 9, 1945, there was a human catastrophe that will not be erased from the memory of history. The world today is a world of free nuclear weapons. In fact, the whole world has become a huge laboratory, and we have forgotten that we belong to a common human family, and how is it that despite the fact that 90% of the world's population is in favor of the complete elimination of weapons? There are still 13 nuclear weapons industries still operating. This article seeks to answer this question with a descriptive-analytical method. Does ethics have an effect on the non-proliferation of nuclear weapons or not? The results of this study show that ethics along with contractual obligations can play an effective role in controlling nuclear disarmament. Manuscript profile
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  18 - The Effect Of The Global Spread Of The Corona Disease On The Tendency Of The International Arbitration System To Conclude Virtual Arbitration Agreements And Terms And To Implement The Obligations Arising From Them
  Reza Shahidi Sadeghi Ashraf Janati
  10.61186/ahrar.38609.2.4.31
  Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relativ More

  Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented. Manuscript profile
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  19 - Examining the legal foundations of eliminating discrimination and violence against women with a view to the commitments of the Afghan government
  mojgan moshfeghi peyman bolori salman valizadeh
  Violence against women is a serious and global human rights problem. However, this problem is more common in underdeveloped countries such as Afghanistan, and it is widely used against women in the family, workplace, and society in various ways. However, in this country More

  Violence against women is a serious and global human rights problem. However, this problem is more common in underdeveloped countries such as Afghanistan, and it is widely used against women in the family, workplace, and society in various ways. However, in this country, in line with the legal protection of women, measures such as; Including articles protecting women against violence against them in the constitution, the approval of most human rights conventions, the preparation of national documents and strategies, etc. have been done. In this research, a descriptive-analytical method has been used to examine the legal foundations of eliminating discrimination and violence against women by looking at the commitments of the Afghan government. Manuscript profile
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  20 - 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