Original Article
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face ...
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Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face and according to Article 190 of the law Civil contracts are concluded and valid, and on the other hand, according to the nature and using the customer's position of weakness when concluding the said contracts, banks impose conditions and obligations on the buyer that distinguish them from other contracts, which are mentioned in the text, the differences It is examined in detail and we also find out at the end that the mention of installment sales contracts in the law of usury-free banking operations should not create the illusion of its monopoly, in other words, the conclusion of such contracts is prohibited in societies outside the banking system if it is not against the propositions of public order and good morals. does not turnResearch method: The current research method is analytical-descriptive of applied type and using laws and regulations and library resources, especially banking laws and regulations.Findings: The meaning of installment sale is the transfer of the same thing at a known price, otherwise, all or part of the said price is received in equal or unequal installments on the due date or due dates.
Original Article
Criminal Law and Criminology
Elaheh Eslami; Asadullah Movahhedi Ganjineh Ketab
Abstract
In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this ...
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In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this issue has been subject to structural analysis and modeling, taking into account the unchanging elements in any criminal policy, including crime, deviance, governmental response, societal response, and the fundamental and subsidiary relationships between these elements. In this analytical approach, 'crime' is often defined as a violation of necessary legal norms, characterized by normativity and necessity, while 'deviance' is defined as a breach of prevailing social norms or a state of non-conformity with average behavioral standards, often characterized by normality and the prevailing state of behavior. Due to the widespread prevalence of legal norms, such as the divine legal duties, in Islam, the division of norm-violating behaviors into 'crime' and 'deviance' within the concepts mentioned is not particularly practical for studying criminal policy in Iran. Nevertheless, within the Islamic normative system, controlled behaviors are distinguished from free behaviors
Original Article
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
Original Article
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
Original Article
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
Original Article
Real Estate Registration Rights
Seyyed Mohsen Razavi Asl
Abstract
The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating ...
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The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating anyone's rights" contained in clauses 4 and 6 of the article 25 of the registration law requires the relevant registration units to certify this condition and in this article, which has been done in a descriptive and analytical way and using the library method, it has been shown that this certificate is one of the examples of the obligation to us due to the conceptual scope and examples of rights and damages, and according to Article 13 of the Comprehensive Demarcation (Cadastre) Law of the country, it was concluded that the legislator in this article, by stating the stipulation "not to violate the rights of the neighbors", intended to express his last will and stated that in the handling of disputes and errors in registration, It should be checked whether by correcting the said mistake or dispute, there will be a disturbance to the rights of the neighbors or not? And in order to meet this condition, solutions such as local inspection of the requested property and its neighbors, checking their registration records, preparing an official declaration with the neighbors and also obtaining a certificate of non-encroachment on the adjacent streets from the relevant municipality can be effective.
