List of Articles legal principle

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  1 - Explanation of Legal Principle of “Everything that is known only by claimant will be heard” and Its Application in Iranian Legal Code
  Seyed Mohammad Sadeq  Mousavi Seyed Omid  Mousavi
  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. T More

  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. Therefore, it is impossible to present evidence at the court for such claims. The legal principle of maa laa ya’lam (transliterated as what he does not know) is used to help resolving the case and the only solution is accepting the claimant’s claim without evidence. According to the related exhibits and evidences, this is a well-proven legal principle that has been invoked by the Infallible Household of the Prophet (pbuh) and Muslim jurists have made frequent mentions of it in their books. Instances of this legal principle’s effectuality can be found in various civil rights and penal codes. For instance, in civil rights, the principle is used in such claims on marriage, menstruation and payment of various dues, and also in penal code, it is used in case of presenting proof of no adultery. Manuscript profile
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  2 - The Principle Of Good Faith In Civil Proceedings (In The Light Of Judicial Procedure)
  Arman Yaghobi Moghadam Kourosh Delpasand
  10.61186/ahrar.2.4.5
  In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation sta More

  In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation stage and the procedure. And In this study, I will write about the legal status of good faith in the trial in different figures of the good faith of the litigants, the respondent judge, witness and attracting third parties related to the lawsuit and etc. Manuscript profile
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  3 - The effect of student fundamental rights in education
  Mohammad  Nik Fekar
  Student's rights include all the rights that a person who is studying or because of studying in the education system of the country enjoys. The main goal of the current research is the effect of the basic rights of students in education, so that by relying on it, the du More

  Student's rights include all the rights that a person who is studying or because of studying in the education system of the country enjoys. The main goal of the current research is the effect of the basic rights of students in education, so that by relying on it, the duties, obligations and responsibilities of teachers, school officials and other people involved in the education of students can be identified and introduced. The current research is a qualitative study that was conducted using the qualitative content analysis method of inductive classification. A systematic review and analysis of legal sources has led to the formulation of a set of principles under the title of principles of law in education. These fourteen extracted principles are based on the amount of citations in the studied legal sources in the three categories specified in the official laws (including access to free education, physical training facilities and access to higher education), approved in the official laws (including social security, freedom of choice and The method of education, raising the level of knowledge and public awareness, teaching in the mother tongue, academic security, enjoying equal rights and freedom of political and socio-cultural activities) and specified in the laws of education (including the cultivation of artistic creativity, promotion of facilities and suitable opportunities for leisure time , academic guidance and facilitation of education conditions for children with special needs) are classified. It is suggested that in future studies, the extracted conceptual model should be analyzed from the perspective of experts and legal and educational experts and adjusted and modified by applying their opinions. Manuscript profile
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  4 - The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
  Qasem Qasemi bivarzani Fariborz Letafati Roqaye Bahonar
  10.61186/ahrar.45996.4.8.1
  There are severe conflicts and conflicts in the various principles of the Islamic Republic of Iran's Constitution. These matters are also seen in the principles related to the judiciary. Principles 36 and 167 of the Constitution are among these. And conflicts and confli More

  There are severe conflicts and conflicts in the various principles of the Islamic Republic of Iran's Constitution. These matters are also seen in the principles related to the judiciary. Principles 36 and 167 of the Constitution are among these. And conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 2012. And this law, which, as a normal law, should contribute to the transparency and elaboration of the principles of the Constitution. It has suffered from abbreviations and generalizations, the result of which will be the abandonment and ineffectiveness of Article 167 of the Constitution in practice. Manuscript profile