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Open Access Article

1 - Impact of Entrepreneurial Ecosystem on Entrepreneurial Activity: GEM based Analysis
Hossein Torabi Masoud Kheyrandish mohsen mohammadi Khiyare

Many scholars have highlighted the importance of entrepreneurship ecosystems in improving entrepreneurial activities, but, nevertheless, studies that are quantitatively analyzing the interrelationship between entrepreneurship ecosystems and their impact on increasing en More

Many scholars have highlighted the importance of entrepreneurship ecosystems in improving entrepreneurial activities, but, nevertheless, studies that are quantitatively analyzing the interrelationship between entrepreneurship ecosystems and their impact on increasing entrepreneurial activities at various stages of entrepreneurship are very limited. Therefore, the aim of this study is to fill the gap in entrepreneurship literature and also to study the effect of these two variables in different stages of development of countries. In this regard, using data from 107 GEM countries During 2008-2017 and Generalized Momentary Econometric Model (GMM), the relationship between the components of the entrepreneurship ecosystem and economic growth has been estimated. The results showed that the impact of the financial environment on the entrepreneurial stages in the resource-based countries was negative and significant. However, the impact of entrepreneurship education, dynamics of the domestic market, social status of entrepreneurs (entrepreneurial culture) and the GDP growth have had a positive and significant impact on entrepreneurship in these countries. The results also indicate that the impact of ecosystem factors such as government policies and programs, taxes and bureaucracy, entrepreneurial education at basic and academic levels, R&D transfer, infrastructure, market dynamics and appropriate business environment have positive and significant impact on the growth of entrepreneurial activities in efficiency and innovation-driven countries. Overall, the results of this study indicate that in an ecosystem with low barriers to entry, government support policies for entrepreneurs, basic and higher education, commercial and legal infrastructure, and normative culture supporting entrepreneurship increases entreprenurial activities Manuscript profile

Open Access Article

2 - Critical Examination of the Theories of collective Personal owners From the perspective of the pattern of political theories

In his book Wisdom and Government, Mehdi Haeri Yazdi explains his political theory about relation of government and people. The theoretical theme of Haeri’s view of delegacy of collective proprietorships can be considered as theoretic effort to establish collective prop More

In his book Wisdom and Government, Mehdi Haeri Yazdi explains his political theory about relation of government and people. The theoretical theme of Haeri’s view of delegacy of collective proprietorships can be considered as theoretic effort to establish collective proprietorships, the republic sovereinty of government, government’s people-warranted authority, delegacy on behalf of people, foundation of government’s legitimacy based on people’s opinion, and government’s being coresponsible for its people as well as paying attention to the mutual role and status of religion and politics. This theory is titled “Delegacy of collective proprietorships”. Based on his studies in the natural and historical life of humanbeings, Mehdi Haeri Yazdi has tried to portray a different view of the mutual relationship between people and government. The goal of current study is to analyze Theory of collective proprietorships based on analytical framework of political theories. Therefore, the question it poses could be phrased as “Is the theory of collective proprietorships credible with regard to the fourfold criteria of possibility of production, production strategies, means of production, and the type of production?” Using library research techniques and descriptive-analytical approach, this study has analyzed Mehdi Haeri Yazdi’s views. To this end, it is presumed that a political theory is credible when side by side with answering the questions in this study, lends itself properly to evaluation of the fourfold criterion. The findings of this study demonstarte that despite Haeri Yazdi’s sincere efforts, his theory suffers from shortcomings that are pointed out in this study. Following a review of his theory, we have tried to analyze his theory with regard to political theories. Overall, viewing Haeri’s political theories, taking into consideration his answers to the four major questions that form a political theory, its received criticism—still with regard to the fourfold criteria—his theory is analyzed. Manuscript profile

Open Access Article

3 - 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

4 - Jurisprudential and Legal Investigation of Digital Data Value and Ownership in Cyberspace
Seyed Alireza Foroughi Asma Hosseinzadeh Sereshki

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are availa More

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are available as digital data. (2) Big data that is naturally realizable outside the network but is available in cyberspace since it is large in volume and time-consuming for external handling. (3) Data such as domain and web hosting that are instruments for cyberspace and there is no foreign likeness for them and they have been created according to the requirements of the cyberspace. The value of the digital data is determined by the data’s economic value on one hand, and on the other hand, by inference to the types of properties in Fiqh and Islamic law. Ownership, too, in the context of full claim on digital data is acceptable due to the advantage of possessing it. In this study, we have studied each category under a certain legal system with respect to the characteristics of each category and qualities of properties according to Fiqh and Islamic law: The first and second groups – as intellectual rights – are placed under the principle of intellectual property and its rules of ownership. Cyberspace instruments shall be considered as the infrastructures such as hardware and the resulting benefits as well as ownership of such data will be investigated under civil property system. Manuscript profile

Open Access Article

5 - A Comparison of Mortgage Contract and Transaction with Right of Restitution through an Approach based on Existing Precedent
Gholamali Sedghi

Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real est More

Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real estates, transaction with right of restitution is a combined contract of rendable property and mortgage. There are, however, differences between transaction with right of restitution and mortgage including this that the contract interests belongs to the transferee in the transaction with the right of restitution while corpus interests of the mortgaged property belong to the mortgagee. By virtue of Article 324 of the law on registration of deeds and real estates and the existing precedent, all the benefits belong to the purchaser and given religious rules and regulations, this stipulation is the same as the debt interest. However, if we ignore the right of the purchaser to collect interests, given the degree of inflation and devaluation of money, we have equally ignored commutative justice in his case. Therefore, belongingness of the interests to him seems to be possible via bartering and realization of relative balance. Manuscript profile

Open Access Article

6 - The place of ethics in property with a focus on the rule of domination and public sovereignty
zahra sarhaddi Seyed Mohammad Mehdi Ghamami Tavakol Habibzadeh

he special place of property in the daily life of human beings is of special importance and prominence among other issues, so much so that in the divine schools and even non-divine systems, it is a fundamental and certain principle for regulating the social and economic More

he special place of property in the daily life of human beings is of special importance and prominence among other issues, so much so that in the divine schools and even non-divine systems, it is a fundamental and certain principle for regulating the social and economic relations of society. It is the most famous jurisprudential rule and has long been one of the most basic rules of Islamic jurisprudence due to its extensive economic and social application. This rule establishes the pillars of ownership in conflict with the subject of ownership and the rule of domination with the public interest. Most believe that the principle of preference for public rights and collective interests It restricts the scope of domination and is in conflict with these two public interests. However, some views in the rule of domination refer to the collective and do not infer conflict with the public interest. The present study focuses on ownership based on the rule of domination and the rule of public interest The growing complexity of people's lives and social relationships, which limit the rule of domination in conflict with the public interest and even deprivation of property, has been processed so that no one has entered as above. Manuscript profile

Open Access Article

7 - Value–Legal Analysis of Iran’s Governance Approach to Privatization
Aminallah Samadi Abolfazl Jafargholikhani Mohammad Reza Yousefi

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards More

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards the domination of public and state ownership. But, a larger deal of attention was gradually paid to privatization due to numerous reasons such as domestic and foreign factors including the prevention of public and state sectors’ monopoly, stagnation of the society, downsizing of the government, valuing the private sector and entry to global trade and markets. The objective and distinct examples of such an approach is the Act 44 of the constitution and Islamic Republic of Iran’s first to sixth economic, social and cultural development plans. The most important objective of privatization has been enhancement of the entities’ efficiency and optimization of resource allocation in the majority of the countries. Valuing the privatization is in fact supplementing the state and public proprietorship. Such an overlap can remove the gaps and impediments and concomitantly put into effect all the national talents and competencies. The present study aims at elaboration of the adopted by value – legal analysis of Islamic Republic of Iran’s governance approach towards the process and concept of privatization. Manuscript profile

Open Access Article

8 - The nature of the world and verbal beliefs in the poems of Mohammad Taghi Aliabadi Mazandarani
jalil tajlil شعبان توکلی

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also More

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also had the office of his clerk. He wrote the short and useful history in the description of Fath Ali Shah's ancestors and the ancestors of the time, "Muluk al-khalk" or "Treasury of Khaghani", and "The Divan of the Poems" became famous. Mzndrani Ghazal, Qasī, and Samnahni is a self-examining and "Sahib" of his penance. He is a moderator of poetry in the form of the poetry of nature and moral values It is never Frvngzardh and Rumi, a mystical ideas and beliefs is presented. The presentation of thoughts in the poems of Sahebdivan is somewhat predefined in the modeling of the core of the mystical beliefs; the emergence of ideas, even in the form of invisible strings, appears in his court, especially in the form of his masculine forms. Among them, the subject of the world and the examples of the events The old, love, creation and creation of the world and man are in the poems of the owner of the special court, which is the subject of this essay. This is due to his particular way of expressing the ideas of the belief and the theological, which has the power of his literary artist. The emergence is the focus of this critique. This essay is based on the critique and poetry analysis of library resources. Manuscript profile

Open Access Article

9 - Investigating the relationship of corporate social responsibility disclosure and Intellectual capital with Considering the role of ownership status
Mohammad Sajjad Ghafourian Shagerdi

This study Investigating the relationship of corporate social responsibility disclosure and Intellectual capital with Considering the role of ownership status in companies listed on Tehran stock Exchange. this research is objectively, appliable and through the method of More

This study Investigating the relationship of corporate social responsibility disclosure and Intellectual capital with Considering the role of ownership status in companies listed on Tehran stock Exchange. this research is objectively, appliable and through the method of collecting and analyzing in the field of descriptive,correlational. The statistic sociaty population of this research,includes the firms listed in the Tehran Stock Exchange as 147 companies operating in various industries over the years 2011 to 2016 . To measure corporate social responsibility through content analysis and information on the check list,coding them and intellectual capital, by (Pulic model-2000) is used. The test assumptions of this study are regular multiple regression with utilizing the method of ordinary least squares (OLS) and using the Eviews software . According to the results of the mentioned test assumptions: there is a significant relationship between corporate social responsibility disclosure and intellectual capital. Also ownership status on the relationship between corporate social responsibility disclosure and intellectual capital had significant effect. Manuscript profile

Open Access Article

10 - Acquisition of urban lands in urban development projects with a social justice approach
Azam Afsharnia Esfandiar zebardast Morteza Talachian

Acquisition of urban lands with a social justice approach is one of the issues that has been neglected in many urban development projects. In this study, after examining land ownership rights, some important rules related to land ownership in different Western and Islam More

Acquisition of urban lands with a social justice approach is one of the issues that has been neglected in many urban development projects. In this study, after examining land ownership rights, some important rules related to land ownership in different Western and Islamic perspectives are presented and suggestions are made to increase social justice in the realization of urban property rights. In the present study, due to the nature of the subject, the secondary analysis method and content analysis technique have been used. The findings of the study suggest that in the Western view, liberalism imposes restrictions on the government’s power to expropriate individuals, and argues that expropriation laws are only permissible if they serve the public interest. Results of the analysis of private property laws based on the indicators of justice and property rights in Iran by examining property laws in the relevant documents, in the form of 9 principles, including the participation of stakeholders in the implementation of urban projects in financing public spending, transfer of rights Development to the people, the legality of private expropriation if the public interest takes precedence over private-individual interests, and so on. Among the problems of land expropriation in urban development projects are the weakness of laws in proving the loss of existing owners or comparing the loss of owner and citizens and lack of explanation of the rights of the owner of each plot of land in relation to rules and regulations on how to use and use that property. Manuscript profile

Open Access Article

11 - Investigation of proof of ownership in Iranian and French law
Yaser Ansari Moslem mortezapour

In many jurisdictions, litigation is called "proof of ownership" and the courts disagree about its ability to be heard. Some accept these lawsuits and related lawsuits, such as enforcing a charter, due to the principle of hearing capacity. In contrast, the order governi More

In many jurisdictions, litigation is called "proof of ownership" and the courts disagree about its ability to be heard. Some accept these lawsuits and related lawsuits, such as enforcing a charter, due to the principle of hearing capacity. In contrast, the order governing litigation, the interest in accepting the lawsuit and its effectiveness, the principle of the establishment of rulings and the need to establish a new legal order in the relations of individuals, are among the reasons that make it difficult to accept a lawsuit to prove ownership. , Makes it impossible. In our opinion, and given the multiplicity of legal relationships and their complexity, the absolute denial or acceptance of this lawsuit is not correct. Although the principle should be considered as inadmissible, the ability to file a claim for proof of ownership can be defended as an exception in certain legal situations. Manuscript profile

Open Access Article

12 - Dimensions and elements of the criminal transfer of immovable property
روح الله آهنگران

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise More

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise to a suspicion that In this crime, the legislator has provided for the execution of criminal offenses for any fraudulent transfer of material or immaterial property. The purpose of this article is to investigate the dimensions and elements of the criminal transfer of immovable property. This descriptive-analytic study was conducted by library studies. The results of this study indicate that the crime of non-transfer of property is a criminal offense, and the fraud is confined to material property and immaterial property is not the subject of the crime. That the transfer of non-third party funds and the resulting harm must be the result of the acts of the perpetrator or perpetrators of the crime, such that if the perpetrator's or perpetrator's actions were not in the form of a fraudulent transaction, such a result would not have been achieved. However, it is not possible to easily sense this relationship in a non-destructive mass transfer case because of the interplay between the result and the termination of the bond between the two. The causal relationship in the crime of non-transfer of money means that the transfer of non-third party money and the resulting harm must be the result of the actions of the perpetrator or perpetrators. Manuscript profile

Open Access Article

13 - 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

Open Access Article

14 - Examining the Differences and Similarities of Partition and Separation in Property Registration Law
Fateme Fard_e_falsafi

10.61186/ahrar.45965.4.8.1

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other wo More

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other words, when the partners do not agree on how to divide the joint property, the solution is to request partition. However, in the case of separation, a person can also take action to separate their own land or property. In this research, we intend to focus on the concepts of partition and separation and compare them from the perspective of property registration law. Manuscript profile

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