Private Law
Sajjad Tahmasabi
Abstract
Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this ...
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Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this field. One of the most important ways to realize this goal is to emphasize the arrangement of documents in notaries and offices. Considering that notary offices are one of the legal authorities in the preparation of official documents related to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without referring to the judicial courts, it plays a significant role. can perform in line with the said goal.This feature, which has been emphasized by the legislator in various legal articles and there are special regulations, requirements and procedures for the implementation of its provisions, has not been addressed as it should be in legal researches, and its emptiness is clearly evident in legal texts. Is. This research is an attempt to clarify the different angles of the implementation of official documents, in this direction, all the related legal articles and micro and macro regulations have been carefully and scientifically examined
Private Law
Maryam Heydarizadi
Abstract
Introduction: In accordance with a fundamental tenet governing civil procedure law, the initiation of an appeal is constrained by the scope to which a matter was considered during the initial stage. However, legislative provisions at times introduce deviations from this principle. The well-established ...
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Introduction: In accordance with a fundamental tenet governing civil procedure law, the initiation of an appeal is constrained by the scope to which a matter was considered during the initial stage. However, legislative provisions at times introduce deviations from this principle. The well-established doctrine of "prohibition of new claims at the appellate stage" dictates that appellate judges are restricted to the issues and judgments of the lower court. Nevertheless, the rule concerning "restricting the participation of parties not originally involved in the lawsuit at the appellate stage" may, in some instances, be influenced by the potential interests and advantages associated with involving third parties at this higher level. Method: Considering the inherent nature of the subject matter and the research objectives, the present study adopts a qualitative approach, employing a descriptive and analytical methodology. It is rooted in the exposition, interpretation, and rationalization of materials extracted from pertinent sources. Findings: The filing of certain ambiguous lawsuits, including third-party interventions and their statutory preliminary hearings, is attributed to a variety of factors, interests, philosophies, and objectives envisioned by the legislator, leading to notable deviations from the aforementioned rules. These deviations manifest in various forms, including the design of specific procedures that result from primary lawsuits being elevated to the appellate stage. This includes applications for satisfaction of demands and urgent hearings before the Court of Appeals, along with the preliminary hearing of foreclosure claims in the cases under consideration. Moreover, the intertwined nature and mutual influence of the primary and underlying lawsuits in consolidated proceedings justify the legislator's prescription in the initial proceedings of the appellate court. Results: The Court of Appeals' initial review of certain ambiguous lawsuits, as mandated by the legislator, enables the establishment of specific procedures and special mechanisms to address issues devoid of a substantive aspect. This authority is granted on the basis of two primary considerations: first, the existence of an appeal claim, which confers competence upon the appellate court to handle such proceedings. This applies particularly in cases where the appellant, following their appeal, seeks to satisfy their demand or requests urgent proceedings in the appellate jurisdiction
Private Law
Sajjad Hasani
Abstract
Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are ...
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Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are invalid. Some of these terms are disputed. In addition to examining the conditions included in the marriage contract, this research has examined and analyzed the controversial cases of the conditions included in the marriage contract from the perspective of Imamia and famous jurists. Some of these disputed conditions are: the condition of couples not remarrying, the condition of choosing housing and residence, the condition of having a special trait in one of the couples. The majority of jurists and jurists consider marriage and privacy to be the essence of marriage. But in many cases, there is a difference of opinion between them due to the conditions contrary to the nature of the contract. According to various aspects, it can be believed that Qadr Motaqeen considered all these marriage issues as necessary for the nature of marriage and agreed. And enjoyment, resolution, etc. are among the effects of the marriage contract, although sometimes, according to the belief of some jurists, it is introduced as a requirement of the nature of marriage. On the other hand, it should be checked that if the couple reaches an agreement contrary to the nature of the contract, what will be the condition and principle of the contract, in other words, it is both a condition and a condition. Is the contract invalid or only the condition is invalid and the principle of the contract is correct? . In the current research, while proving the ineligibility of such conditions, objective and practical examples have been pointed out and the unfortunate examples resulting from them have been mentioned based on the descriptive-analytical method
Private Law
Sajjad Hasani
Abstract
In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. ...
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In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. Indirect infringement is a mistake that, although it does not directly lead to the infringement of intellectual rights, but provides the prerequisites for it, causes the infringement to occur and imposes responsibility on someone who has not committed the material element of the infringement of intellectual rights. Intellectual property rights are an important factor in attracting foreign direct investment, strengthening the foundations of intellectual property rights to attract foreign investment requires determining the legal ratio between intellectual property rights and foreign investment. The intellectual property rights system consists of various international conventions, the most important of which is the TRIPS Agreement, which serves as the minimum international standard for the protection of intellectual property rights, and the international investment law system, which consists of bilateral investment treaties and regional and bilateral free trade agreements, which are an important factor in regulating foreign investments today. Intellectual property is recognized as an example of foreign capital in the definitions of foreign capital of investment agreements. Foreign capital of intellectual property requires that it benefit from the protections provided in investment agreements. The protection standards provided in investment agreements are higher than TRIPS and are referred to as TRIPS Plus
Private Law
Reza Rashidi; Zahra Rahimi
Abstract
The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from ...
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The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from a defense lawyer during the preliminary investigation and trial stages. The presence of a lawyer has been considered in all the past periods. Accordingly, in Article 35 of the Constitution, this matter has also been taken into consideration by the legislator. considered it subject to the prescription of the court, but the lawmaker in the Criminal Procedure Law of 2012 clearly stated the right to have a lawyer in all stages of the proceedings. The company of a defense lawyer is accepted in all the stages of the proceedings in the regulations of most countries of the world, and this right has undergone many changes in the laws before and after the revolution in our country. The criminal procedure approved in 1392 has been analyzed and evaluated with a comparative comparison with the French criminal law in different stages of the trial, including the stage under observation, the prosecutor's office and the court, and in other parts of the research, the position of the lawyer in human rights documents has also been examined from the point of view of critical criminology. And finally, the important innovations in the field of lawyer's intervention, which the legislator predicted for the first time in the said law, have been addressed; And at the end of this research, the Criminal Procedure Law of 1392, with all its problems and shortcomings, was much more progressive than the previous laws and better respected the defense rights of the litigants. Involving the lawyer in all crimes and predicting immunity for the lawyer during the defense process. This research, with the help of descriptive method, explains and analyzes the provisions and developments of Iran's criminal procedure law with the perspective of French law
Private Law
Susan Yousefi
Abstract
The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of ...
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The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of the issuer and endorser to the holder of the bill of exchange and its effects in commercial law and to clarify the ambiguities and inadequacies in Iran's commercial laws regarding the use of these documents. Validation and effectiveness of these documents in internal commercial exchanges based on Iran's trade law and Iran's trade law are among the goals pursued in this research. In order for a commercial document to be able to realize the two principles of speed and accuracy in commercial transactions, it is necessary to have certain attributes and characteristics and to be transformed from a paper form as a means of proof (like official and normal documents) into a movable and immaterial property and independent of Basic transactions and relationships should be valid. Therefore, there is no doubt in the demand for credit reflected in the sheet, and as a result, speed in business is ensured.
Private Law
Susan Yousefi
Abstract
Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important ...
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Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important and the existence of regulations It is necessary to be precise and comprehensive about them. In this research, the author is trying to refer directly to the sources and references in a library way and by using descriptive-analytical analysis to all the mentioned cases in this regard and how the signatories of commercial documents are responsible in paying for these documents in Iran with a view Respond to business rights and discuss them more carefully. The most important function of commercial documents is that they are a means of non-cash payments. Identifying the function of these documents as a payment system can be very effective in the realistic description and functional analysis of these documents. An approach that by using the economic analysis of the desired or efficient performance of these papers is the answer to many legal issues surrounding them.
Private Law
Hassan Johari
Abstract
In some contracts, to guarantee the obligations fulfillment and compensate for damages caused by delay or their non-fulfillment, the parties stipulate an amount to be paid as obligation to another party in case of breach by the obligee. This amount is called “commitment”. One of the most ...
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In some contracts, to guarantee the obligations fulfillment and compensate for damages caused by delay or their non-fulfillment, the parties stipulate an amount to be paid as obligation to another party in case of breach by the obligee. This amount is called “commitment”. One of the most common kinds of obligations is time-based incremental obligation. The significant point to ponder about this type of obligation is its time of suspension and restriction or non-restriction to the amount of original obligation. It is noteworthy that if the obligation is a fine for the obligation breach and a type of civil punishment intended for violation or obligation is to compensate damages caused to the obligor due to the obligation breach. To express the obligation significance in the current economic situation of the country, it will suffice with this point. In most contracts concluded between the parties of the contracts, they accept and agree on the obligation during the contractual conclusion
Private Law
Tayebeh Emamian; Robab Emamia
Abstract
Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt ...
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Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt the child's health and social benefits, since the harmlessness rule limits couples in performing the mentioned right. Due to the fact that children are the most defenseless human beings, their support should be much more than that of adults so that their interests is among the fundamental principles mentioned in international laws and treaties, and all communities have to devise the appropriate mechanisms to maintain these principles. Another party in the category of child birth is society and its benefits. In the 2013 family support law, this issue is of high significance and in article 23 and its note; it has required couples to perform some tests to diagnose infectious diseases for couples and children. The mentioned article illustrates if the couple have any dangerous diseases for the fetus, care and supervision should include the reproduction prohibition. Although this article is an innovation and attention to all members of the family and society, after 7 years of its approval, it still has some ambiguities and lack of obvious resolutions from the competent authorities. Given that, the present study aimed to provide a correct explanation of the right to child birth by relying on legal principles as well as adhering to the rule of harmlessness and social order so that we can witness the birth of healthy children in near future
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
Private Law
Zahra Mansouri
Abstract
Pregnancy using uterus surrogacy technique is the one where embryo belonging to an applicant couple is transferred to the uterus of a healthy fertile female and after the pregnancy; the baby is delivered to the original parents. Given that permission, there is a different argument among jurists and lawyers. ...
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Pregnancy using uterus surrogacy technique is the one where embryo belonging to an applicant couple is transferred to the uterus of a healthy fertile female and after the pregnancy; the baby is delivered to the original parents. Given that permission, there is a different argument among jurists and lawyers. However, some jurists have mentioned this permission under some certain conditions. If there is a correct and binding contractual relationship between the surrogate mother and fetus owners, the resulting contractual responsibilities relevant to the obligations breach and its compensation can lead to various legal issues. In uterus surrogacy technique, fetus is inserted into the uterus of another female through some medical equipment, and that female nurtures the fetus in her body until the birth stage and after delivery, she presents the baby to the applicant's parents. This phenomenon is the emergent point of various legal issues. The type of contract that is concluded between a couple seeking a child and a female with uterus surrogacy, the recording method, format, and its governing works can play a significant role in solving the parties concerns and preventing the potential disputes and lawsuits, since there is no specific law or unanimity opinion in this regard. In the present study, the researcher seeks to answer this question that if the delivery contract over the uterus to raise another child is subjected to Article 10 in the Civil Code? To answer the mentioned above question, the hypothesis is raised that compliance with these contracts is subjected to Article 10 in the Civil Code. This study aimed to examine if the contract of uterus surrogacy is a substitute of definite or indefinite contracts. The data collection was done through analyzing the library-based resources
Private Law
Asad Mahdavi Rad; Ahmad Khosravi
Abstract
The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their ...
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The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their social relationships can act to achieve some of their goals through advocacy. Article 679 of the Civil Code states: The client can dismiss a lawyer at any time, unless the power of attorney or non-dismissal is stipulated in the necessary contract. Since the power of attorney contract is one of the permissible contracts and can be terminated at any time and without a valid reason, it has caused the parties to not agree with the contract. Irrevocable, some people have turned to power of attorney without resignation or power of attorney without resignation. Power of attorney is power of attorney that the client does not have the right to dismiss. Then, the validity of non-dismissal power of attorney, methods of creating non-dismissal power of attorney and its effects have been examined. Information is filing.
Private Law
Shadi Ahmadi Fateh
Abstract
The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between ...
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The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between both mentioned authorities, resolving the scope of court’s arbitration involvement seems to be an essential and problematic issue. Arbitration, as a legal and quasi-judicial technique with the aim of resolving legal disputes, due to some advantages as better justice and efficiency, protection of the parties’ interests and peaceful settlement of disputes, arbitration confidentiality, speed in resolving disputes, will lead to better and faster sentence execution. The exclusion of court’s jurisdiction does not mean that courts do not interfere in arbitral proceedings. Arbitration cannot be survived without any court’s intervention. However, this interference should be delimited and limited; otherwise it may turn into an expression to avoid referring sentence purpose to arbitration. In this regard, the court’s minimum intervention in execution of arbitral award and when the losing party refuses to execute voluntarily, it becomes essential. The courts’ involvement in arbitration can be before this, during arbitration or even after the arbitral award. At any stage, this interference, as supervisory or assisting, articulates a significant section of courts’ proceedings in arbitration process. In most legal systems, it has been considered by enactment of independent laws and articles enactment related to the courts’ intervention in its process.
Private Law
Jalil Yarizadeh
Abstract
In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute ...
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In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute and its application in Iran’s subject laws. In this scrutiny, all articles published up to the spring 2022 in Persian on the relationship between general and absolute as well as its application in the relevant Iranian laws were examined. These articles are searched through databases, Journal of Quranic and Hadith Sciences, Journal of Religious Studies, Quarterly Journal of Private Law Research, International Congress of Religious Culture and Thought, Journal of Islamic Studies - Jurisprudence and Principles which are obtained by keywords such as general, absolute, specific, belonging, expression position. It has also been extracted from reputable scientific journals from the above-mentioned articles and websites. The present article examines the commentators’, fundamentalists, and Quranic scholars’ viewpoints on the general and absolute, as well as the extent to which they impact on differences in interpretations, more particularly jurisprudential ones, and their consequences in Iranian law. One of the topics of principles science in terms of words is the absolute and general issue, which has many jurisprudential and legal results, since the correct general and absolute knowledge and likewise, the distinction between both is necessary and essential not only in jurisprudence and Sharia issues, but also in subject law and more, the legislation art is extremely significant.
Private Law
Shadi Ahmadi Fateh
Abstract
Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences ...
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Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences and it was unknown to the court as well as to the protesting party.Findings: The reviewing authority is the same court which issued the verdict. Likewise, an appeal is based on both the legitimacy review of the decision-making process and a review of judgment merits which will be disposed in a higher court.Conflict of Interest: The author declares no conflict of interest in the proposed study.
Private Law
Marzieh Babazadeh Namini
Abstract
Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer ...
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Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer rights protection law, the manufacturer of the final product is usually the one who takes responsibility as the manufacturer. But the manufacturer of the defective component is responsible for the damage caused by the resulting defective product, as well as the person composing the material, is deemed by the manufacturer. In Iran's law, the responsibility for compensating the consumer is determined by the responsible authority of the person or legal person, whether private or public, which has caused the user to enter the damage and harm. This research uses a descriptive-analytic method to study the comparative study of civil liability caused by the actuarial disadvantages of drugs in Iranian law with a view to English law. The results show that the civil liability of Iran and the UK are apparently different. In England, unlike Iranian law, deliberately and unwittingly, they are two independent lawsuits for civil liability. Compensation for mistakes, misdemeanors and neglect the pharmacists' offices in the delivery of medicines are subject to the responsibility of the insurance professional of pharmacy and drag companies, according to the doctor's dossier. According to the Teshibod rule, pharmacists are known as guarantors for consumers and are responsible for compensating them for damages.
Private Law
Fatemeh Farsian
Abstract
Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles ...
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Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles related to the last 20 years (from 2000 until now) in persian and English. Studies with unspecified sample size and implementation or only on non- electronic security and banking protocols, were excluded from the study. Articles whose full text was not available were also excluded from the study. Finding: Given that monetary and financial exchanges are an integral part of commercial exchanges, therefore, along with the expansion of global e-commerce, monetary and financial institutions to widely support and facilitate e- commerce widely use the information and communication technology they have brought. As a result, electronic payment systems have been gradually replacing traditional payment systems over the past few decades. Conclusion: Banks are affected by changes in globalisation and financial liberalisation, in response to which banks are expanding their service to customers, expanding their dependence on technology, while competition for banking services has increased. They are trying to reach higher levels of Internet banking acceptance among their customers.
Private Law
Fatemeh Farsian
Abstract
The unique nature of cyberspace and its established agreements have had a prominent effect on numerous traditional principles as well as the concepts of international private law; since the involvement of various foreign elements in concluding a contract is natural in the context of e-commerce. One of ...
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The unique nature of cyberspace and its established agreements have had a prominent effect on numerous traditional principles as well as the concepts of international private law; since the involvement of various foreign elements in concluding a contract is natural in the context of e-commerce. One of the most significant issues facing jurisprudence currently with the proliferation of electronic contracts is the issue of jurisdiction and the determination of a competent court for dealing with the disputes arising from electronic contracts. The increasing use of cyberspace for concluding transactions and the growth of electronic contracts maximize the likelihood of increasing disputes arising from these contracts. This clarifies the need for resolving these differences in order to conduct e-commerce at both national and transnational levels. Contract meaning as the same as concluding an agreement, and in terms of its concept, that contract is an agreement and mutual cooperation of two or more wills so as to make the legal effects or create a legal nature. In general sense, it is comprised by definite and indefinite contracts, however in specific sense, it merely includes indefinite contracts. It is concluded in such a way that the declaration of written will is conducted electronically and in an intangible (i.e. virtual) space.
Private Law
Mary Mirzabeigi
Abstract
As a prominent issue in political geography, Hydropolitics studies the role and function of water in political relations, including conflict, interaction, cooperation, competition and confrontation at all levels and scales. Various natural, climatic, economic, social and political factors play an influential ...
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As a prominent issue in political geography, Hydropolitics studies the role and function of water in political relations, including conflict, interaction, cooperation, competition and confrontation at all levels and scales. Various natural, climatic, economic, social and political factors play an influential role. There are two hundred and sixty-one international rivers in the world which are common between two or more countries. Principally, the existence of common water resources, particularly in navigable rivers as an economic resource, is a significant factor in border disputes between countries. The occurrence of wars and long disputes has a wide range of river tensions. Therefore, delimitation of these rivers in international law has legal effects such as declining conflicts and determining the legal status in utilizing and exploiting river resources that are regarded as the development of cooperation and connecting factor of nations and governments
Private Law
Zahra Rahimi; Reza Rashidi
Abstract
In terms of registration status, lands and properties are in one of the unknown cases of registered as current (i.e., in registration process), or registered ownership, and in each of these situations, particular claims account for the highest percentage of cases. These lawsuits consists of ownership ...
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In terms of registration status, lands and properties are in one of the unknown cases of registered as current (i.e., in registration process), or registered ownership, and in each of these situations, particular claims account for the highest percentage of cases. These lawsuits consists of ownership proof, expropriation, obligation to prepare an official document, disputes over boundaries, aggressive possession and conflicting transactions and fraud, etc. The main reasons for these disputes and lawsuits should be in factors such as the high level of unknown property of registered owners, non-monopoly of transactions through official documents, interpretations contrary to the philosophy and purpose of the registration law, the unlimited role of real estate companies in related transactions that should be searched for lands and properties, as well as the marginal role of notaries and the lack of a new registration system.
Private Law
Mehrangiz Karimi
Abstract
One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. ...
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One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. Discussing the amount of relatives’ alimony, the benefactors numbers, the number of against benefactors, the almsgiving order, the conditions for almsgiving necessity and other basic issues are among which are addressed from the viewpoint of Islamic jurists and the articles of Iranian civil law. In this research, which has been conducted by descriptive-analytical method, has been achieved by following Iranian law and general jurisprudence and also by using legal texts. Almsgiving means providing normal expenses of the wife and relatives in need. Marriage and wife’s obedience are two conditions for husband to be obligated to almsgiving. He has to pay her expenses. His poverty does not prevent him paying for his wife. Relative kinship between family members has caused parents and children to pay for each other's living expenses. If people are unable to earn enough money due to lack of work or disability, a financially able relative should pay for the livelihood of their poor relatives.
Private Law
Mohamad Mohsen Karami
Abstract
Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher ...
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Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher to investigate this feature and its issues.The contract’s termination due to the insolvency option and also contractual termination based on the option of price delay in the sale contract as a obvious sample of exchange contracts and the obligation of the obligee to fulfill the obligation are also included. Execution of reciprocal obligations provide for execution of guarantees in the contract such as inserting the obligation in the contract or granting the termination right in the case of obligation non-fulfillment by the obligor.Predicting the termination right is useful since in Iranian law, following Imami jurisprudence, violating the contract is not a license to terminate the contract, however a guarantee of the initial implementation of the other party's obligation to fulfill the obligation, but this rule is not mandatory and the parties can the contract stipulates which non-fulfillment of any obligation leads to a termination right for the other party.
Private Law
Yusra Tarafdare Monfared; Mohamad Mohsen Karami
Abstract
Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes ...
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Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes with their motivation.In this investigation, all articles published up to the winter 2021 in Persian in distribution in ownership and division of common property were reviewed. These articles by searching databases, Law Quarterly, Iranian Scientific Journal, sid.ir, Jurisprudence and Law Quarterly and Civilica Publications, Private Law Research Quarterly, using keywords such as division, common property, common ownership, division ownership have been obtained. It has also been derived from prominent scientific journals from the above-mentioned articles and websites.Due to the common property, object or benefit or religion or similar or trustee property, the legislator has in the first place permitted the partners to make the division as they wish by consensus and agreement between them and if no agreement is reached, the split applicant can want the partners’ obligations to conduct division.Based on the research and division law and sale of common property approved in 1978, the competent authority to request the division of registered properties is the local registration office in which the property is located..
Private Law
Mary Mirzabeigi
Abstract
During the recording process, despite supervisions and observations, there may be disagreements and mistakes among individuals and registration offices. Thus, solutions have been considered to eliminate the given mistakes. Disputes and mistakes have been determined and introduced by the Supervisory Board ...
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During the recording process, despite supervisions and observations, there may be disagreements and mistakes among individuals and registration offices. Thus, solutions have been considered to eliminate the given mistakes. Disputes and mistakes have been determined and introduced by the Supervisory Board and the High Registration Council (Articles 6 and 25). It is worth to note that these differences and mistakes should be between individuals and registration offices. Otherwise, the mentioned disputes and mistakes in the law are not registered and should be resolved by the other authorities such as the judiciary. The most prominent article of registration law dealing with registration disputes and mistakes is Article 25, which states the limits of competence and duties of the supervisory board and lists the cases and mistakes instances in 8 paragraphs. However besides them, there are countless cases of mistakes in the provisions of registration law, all of which are within the competence of the supervisory board. Mistakes cases may also occur in notary offices, which in the first stage, the relevant notary public is responsible for correcting the mistake, and if it is not within the authority of the notary public, it will be resolved in the registry office and the supervisory board.
