Private Law
Malek Dost Mohammadi
Abstract
Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, ...
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Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, among which the separation nature, the competent authority for separation, and decision-making about the request for separation of common property are prominent. There is no legal provision concerning the separation nature. Besides, there is a disagreement between jurists and lawyers. However, it seems that its nature is considered as a contract. From ownership viewpoint of property by individuals and its legal facets, all properties are divided into the common and exclusive properties. Yet, the methods of dividing common and exclusive properties are different. Diffusion in ownership may be voluntary or forced. It is noteworthy that that due to various issues on ownership in common property, individuals do not want to share property with others, and thereby, the division of common property rises. Competent authorities should be examined for distribution and allocation of common property and its formalities that is sometimes court and Real State Registry Office. In this study, the allocation of common property and its relevant procedure are analyzed as well as the other related issues
Criminal Law and Criminology
Asma Seid Yousefi
Abstract
The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised ...
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The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised what is the nature and rules and regulations regarding dismissal in the Iranian legal system. Likewise, some challenges related to one of the most prominent legal issues, namely the dismissal order, have been raised. Ambiguity, conciseness and imperfection of laws and regulations, as well as the lack of judicial procedure in this regard, while addressing the nature of the dismissal sentence, certainty or uncertainty, the quality of its execution and the scope of the sentence and the practical obstacles to it according to the mechanisms set forth in the political law and the political-legal structure of the Islamic Republic have been examined. They move from sensitive positions or geographical locations so that the employee's family order is not endangered in terms of livelihood and economy.
