scientific

Feasibility of Extending the Inheritance Rule in Cases of Deaths with Unknown Timing to Traffic Accidents: A Comparative Approach in Iranian and French Law

Seyydeh Reyhaneh Rezaeian; Mohammad-Rasoul Ahangaran; Mohammad Ja'fari Harandi

Volume 17, Issue 32 , December 2025, Pages 11-42

https://doi.org/10.30513/cjd.2025.6756.2041

Abstract

According to the primary legal principle, the realization of inheritance is contingent upon verifying the heir's survival at the time of the testator's death. Based on this principle, ... Read More

scientific

Examining Primary and Secondary Exceptions to the Decree on Nationalization of Natural Resource Lands

Mohammad Hasan Emamverdy

Volume 17, Issue 32 , December 2025, Pages 43-75

https://doi.org/10.30513/cjd.2025.6799.2043

Abstract

Natural resource lands, defined as lands with natural vegetation that have remained in their natural state, were nationalized and classified as public property through the Law on Nationalization ... Read More

scientific

The Mechanism for Protecting Majority Rights in the Regime for Renovating Dilapidated Apartments

Hossein Javar; Matin Saboori

Volume 17, Issue 32 , December 2025, Pages 77-119

https://doi.org/10.30513/cjd.2025.6245.1984

Abstract

One of the challenges of living in apartment complexes is facing the risk of their deterioration. Due to the absence of a coherent legal regime for resolving disputes based on co-ownership, ... Read More One of the challenges of living in apartment complexes is facing the risk of their deterioration. Due to the absence of a coherent legal regime for resolving disputes based on co-ownership, research in this area seems necessary. In circumstances where there is a financial or physical danger resulting from building dilapidation, pursuant to the general and ambiguous establishment of Article 13 of the Apartment Ownership Law, the majority can request court authorization for reconstruction by providing suitable housing for the minority. The majority faces numerous obstacles in this process, and due to the legislator's silence on many issues, legal ambiguity, and existing conflicts of rights, it is necessary to examine an appropriate mechanism for protecting the majority's right in the renovation process. In light of the logical interpretation method, as opposed to literal interpretation, by analyzing the nature of the majority's right and logical guarantees for its exercise, conflict resolution methods based on criteria such as prioritizing the more important, repelling the worse by the bad, preserving the livelihood system, and certain contextual evidence and extracting the criterion, it was determined that the majority's right, when in conflict with the minority, has grounds in various instances. These include: the right to a collective renovation contract, the request for rebuilding, withdrawal from the majority and its rescission (at least before it becomes detrimental), cooperation with a third party (contract with a developer), execution of necessary measures (obtaining permits, demolition, etc.) , building expansion, prevention of detrimental actions by the minority and third parties, claiming costs, fair compensation, and the price of assets consumed in the renovation process, the majority's legal (decretal) in rem lien on the renovated unit for debt recovery, and the majority's right of retention regarding the delivery of the renovated property. Due to the lack of legal stipulation and the absence of appropriate judicial precedent, more than seven items have been proposed as suggestions for legal reform.

scientific

The Legal Nature of the Contract Between the Government and Livestock Owners Regarding the Allocated Lands under the "Livestock Exit from Forests" Scheme

Seyed Hasan Hoseini Moghadam; Mohammad Farzanegan; Mohammadhasan Akhoundi

Volume 17, Issue 32 , December 2025, Pages 121-153

https://doi.org/10.30513/cjd.2025.6116.1970

Abstract

The "Livestock Exit from Forests" scheme was first introduced in the Second Development Plan Law of 1994 (1373) and subsequently completed or ratified in the Third and Fourth Development ... Read More

scientific

The Impact of Non-Observance of Prescribed Formalities in the "Compulsory Official Registration" Law on Legal Acts Concerning Immovable Property

Sayyed Mohammad Razavi

Volume 17, Issue 32 , December 2025, Pages 155-188

https://doi.org/10.30513/cjd.2025.6647.2029

Abstract

According to Article 1 of the Law on Compulsory Official Registration of Immovable Property Transactions, legal claims relating to juridical acts whose "subject or result involves the ... Read More According to Article 1 of the Law on Compulsory Official Registration of Immovable Property Transactions, legal claims relating to juridical acts whose "subject or result involves the transfer of ownership of property, transfer of usufructuary rights (whether for life or for a term exceeding two years), or transfer of easement rights over immovable property, as well as endowments (waqf), the establishment of mortgage contracts concerning such properties, the conclusion of contracts effecting transfer of benefits from said properties for periods exceeding two years, lease-to-own agreements, and any form of presale of buildings - whether as a share of the entire land or structures - and commitments to perform all aforementioned juridical acts" are declared inadmissible. Although this sanction serves the legislator's objectives in many instances, it fails to clarify the legal status of transactions not registered in the electronic document registration system, thereby evading the responsibility of determining their legal fate. Despite the removal of the nullity sanction from the law's text and existing doctrinal regarding it, these transactions should nevertheless be deemed void. On the other hand, if "the transferee has formally transferred the subject matter to a third party prior to its rescission (faskh) or termination (infisakh), and in the subsequent legal act said third party possessed no right of rescission, or the transaction was not mutually revoked (iqalah), such transfer shall be treated as constructive destruction of the subject matter, and the rescission or termination shall not dissolve the subsequent contract. In such case, the holder of the rescission right may claim from the aforementioned transferee the current market value of the immovable property." Consequently, the Compulsory Registration Law has established a new provision contradicting Unified Precedent No. 810. In conflicts between specific-prior and general-subsequent rules, the former prevails, thus the ruling in the unified precedent remains valid for its specific subject matter.

scientific

An Analysis of the Foundations for Accepting Testimony from an Interested Party: A Case Study of an Employee's Testimony in Favor of a Tenant

Sayyed Amirali Sadeghi Moghaddam; Hamid Rustaei Sadrabadi

Volume 17, Issue 32 , December 2025, Pages 189-219

https://doi.org/10.30513/cjd.2024.6153.1972

Abstract

For a witness's testimony to be admitted as evidence in a legal proceeding, jurists have stipulated that the witness must fulfill specific legally prescribed conditions. One such condition ... Read More

scientific

Analysis of the Function of the Declaratory Oath (Yamin al- Istiẓhārī) in Jurisprudence and Positive Laws

Somayeh Zohuri

Volume 17, Issue 32 , December 2025, Pages 221-250

https://doi.org/10.30513/cjd.2025.6209.1978

Abstract

The declaratory oath (yamin al-istiẓhārī) is an oath that a plaintiff must take in a lawsuit filed against a deceased person, despite having proven their right through other evidence, ... Read More

scientific

The Obligation of the Seller to Cure Non-Conformity in Cases of Breach of Contractual Descriptions in Imami Jurisprudence and the Convention on the International Sale of Goods (CISG)

Mohammed Amin Kabiri; Ebrahim Abdipour Fard

Volume 17, Issue 32 , December 2025, Pages 251-286

https://doi.org/10.30513/cjd.2025.6164.1976

Abstract

Despite the rational and legal-religious obligation to fulfill contracts, breaches concerning contractual descriptions occur in many transactions. It may become apparent after the contract's ... Read More

scientific

A Critical Reflection on the Legal Foundations for Confronting Excessive Penalty Clauses in Judicial Decisions

Mohammad Kelich; Mohammad hasan Moosavi Khorasani; Hossein Fathi

Volume 17, Issue 32 , December 2025, Pages 287-318

https://doi.org/10.30513/cjd.2025.6849.2049

Abstract

Stipulating a penalty clause based on the principle of party autonomy is considered a tool for confronting breach of contract and one of the means for compensation for damages, which ... Read More

scientific

A Typology of Legislative Approaches in Iranian Family Law System after the Islamic Revolution

Saeid Mahjoub

Volume 17, Issue 32 , December 2025, Pages 319-343

https://doi.org/10.30513/cjd.2025.6111.1969

Abstract

A correct and integrated family system within any legal framework is an essential and indispensable requirement for a normative society. Undoubtedly, the legislative system, as one ... Read More

scientific

The Concept of Demanding the Subject of Pre-emption and Its Effects in Jurisprudence and Iranian Law: An Examination and Analysis of Article 818 of the Civil Code

Eghbal-Ali Mirzaei

Volume 17, Issue 32 , December 2025, Pages 345-374

https://doi.org/10.30513/cjd.2025.6419.2000

Abstract

The use of the term "demand" in Article 818 of the Civil Code has surprised legal scholars. According to the latter part of this article, the purchaser is not liable for loss, damage, ... Read More The use of the term "demand" in Article 818 of the Civil Code has surprised legal scholars. According to the latter part of this article, the purchaser is not liable for loss, damage, or defect occurring after the exercise of the right of pre-emption and the making of a demand, unless he has committed transgression (taʿaddī) or negligence (tafrīṭ). In contrast, pursuant to Article 631 of the Civil Code, if a bailee refuses to deliver the trust property after it is demanded, they will be liable for its loss and any defect, even in the absence of transgression or negligence. Consequently, all civil law commentators consider the ruling of Article 818 to be contrary to the general rules governing demand. Nevertheless, it should be noted that in drafting Article 818, the legislator has followed the special structure of the institution of pre-emption (shufʿa) and the principles governing it. Accordingly, the rules related to the demand for the subject of pre-emption have been separated from the general rules applicable to trusts and deposits. Based on this, after the occurrence of "taking by pre-emption," whether the subject of pre-emption has been demanded or not, the purchaser is liable only in case of waste or negligence. Furthermore, the purchaser's liability for the loss, damage, or defect of the pre-emption subject after taking it is not subject to the rules governing transactions, including the warranty of exchange. Additionally, prior to taking by pre-emption, the purchaser is the owner and, as such, is not liable for the loss or damage to the property. On this basis, after the occurrence of the exercise of pre-emption, whether or not the subject of pre-emption has been demanded, the buyer is liable only in cases of transgression or negligence. Moreover, the buyer’s liability for the loss, damage, or defect of the pre-empted property after the exercise of pre-emption is not governed by the rules of transactional liability, including reciprocal liability (ḍamān-e moʿāwaḍī). Additionally, prior to taking by pre-emption, the purchaser is the owner and, as such, is not liable for the loss or damage to the property.

scientific

The Role and Conditions of the Effect of Non-Payment of a Check on Contract Dissolution with Emphasis on Judicial Practice

Sahar Karimi; Amir Mohammad Noori

Volume 17, Issue 32 , December 2025, Pages 375-412

https://doi.org/10.30513/cjd.2025.6431.2002

Abstract

Although a check constitutes a means of payment, its mere issuance does not, in itself, discharge the debtor’s obligation to pay. Awareness of this gap and the necessity of preventing ... Read More

The Constructive Destruction of a Sold Usurped Property to a Bona Fide Purchaser in the Balance of Jurisprudential Critique (The Criticism of the Proposed Bill of the Amendment of Article 323 of Civil Code)

Volume 15, Issue 28 , December 2023, , Pages 3-26

https://doi.org/10.30513/cjd.2022.3477.1595

Abstract

The usurper in Shīʿite jurisprudence is obliged to return the specified usurped property, except in the case of destruction (both factual and constructive) of the usurped object. ... Read More The usurper in Shīʿite jurisprudence is obliged to return the specified usurped property, except in the case of destruction (both factual and constructive) of the usurped object. Article 323 of Civil Code based on this, considers purchaser of the usurped property as a usurper which the owner can refer to him for the return of the specified object. A proposed bill, however, based on the amendment of the above article has been submitted to the parliament in order to protect the validity of the official document and protect the rights of a bona fide purchaser, according to which the usurped property that has been transferred through drawing up and making an official document and the customer is ignorant of its usurpation is considered as a destructed object and the owner is only entitled to its price, which can only refer to the “usurper purchaser” to receive it. The aforementioned proposed bill is controversial in terms of jurisprudential foundations, which is examined in the present article by a descriptive-analytical method and using original jurisprudential sources, because the criterion for the realization of constructive destruction is the occurrence of an intellectual or religious impediments in the return of the existing object. “Capable of being owned exceeding,” “impossibility,” “bodily injury,” “Destruction of a property with a known owner,” and “Destruction of a usurper’s property especially in the assumption of destruction and demolition of his/her considerable property” are among intellectual or religious impediments to the restitution of a specified object and cause the realization of the title of constructive destruction, but the mere “transferring acts” due to the forcible illegitimate possession of the usurper does not lead to the realization of the religious impediment and consequently, the title of a constructive destruction about a usurped specified object. In addition, in the case of the constructive destruction of a usurped specified object, the customer, whether ignorant or knowledgeable along with the usurper purchaser is the liable and responsible for something identical (fungible) or the price of the usurped property and merely ignorance will not be removed his/her liability.

The Islamic Jurisprudential Feasibility of the Nature of A Contract for Difference (CFD)

Volume 13, Issue 23 , May 2021, , Pages 145-172

https://doi.org/10.30513/cjd.2021.1336

Abstract

The growth and development of societies and growth in human needs with development of communication which has resulted the genesis of a specific form of financial and commercial activities ... Read More

The Term Which is Contrary to the Requirements of the Substance (Nature) of Contract

Volume 15, Issue 27 , June 2023, , Pages 317-336

https://doi.org/10.30513/cjd.2021.1892.1355

Abstract

The compatibility with the requirements of the contract, according to clause 1 of Article 233 of the Civil Code, is one of the special conditions of the correctness (validity) of the ... Read More

The Effect of Repudiation (Termination) of the Contract of Construction Partnering on Futures Trading Contracts from Jurisprudential-Legal Perspective and the Code of Pre-Sale of Condominium

Volume 15, Issue 28 , December 2023, , Pages 27-52

https://doi.org/10.30513/cjd.2022.3717.1624

Abstract

Construction partnering between the landowner and the builder for the construction of condominium contract is one of the most common and widely used contracts. In the meantime, one ... Read More Construction partnering between the landowner and the builder for the construction of condominium contract is one of the most common and widely used contracts. In the meantime, one of the challenging and controversial issues is the repudiation (termination or cancellation) of construction partnering before the construction of pre-sale condominium and its impact on the pre-buyers of the condominium share. The view that considers the nature of the pre-sale contract in the contract of construction partnering as its common and traditional sense, with the effect of the issue of possessory of the contract of sale (Arabic: بَیْع, Bayʿ) and principles such as the principle of correctness (validity) and the principle of non- authorization of the impact of termination (repudiation) and at the same time, regardless of the nature and concomitants of the contract of construction partnering, believes that the subsequent termination does not affect the previous pre-sales. In contrast, according to the second point of view that considers the pre-sale of the builder’s share as a contractual and continuous covenant in the construction of condominium contract has different and specific elements than the common and term concept of sale (Arabic: بَیْع, Bayʿ) even with the knowing of ownership of all types of contracts of sale and considering the principle of mutual consent (agreement) and the structure of the construction partnering contract and complete dependence of the pre-sale contract on that contract with the termination of the partnering contract before its enforcement had been cancelled the possibility of delivery of the object of sale in the context of partnering contract as the mother and the basis of pre-sale contracts and pre-sale contracts are subjected into forcible automatic cancellation. This article has proved the second theory by explaining and analyzing the nature of the contract of construction partnering and its relationship with pre-sale contracts in the form of maternal-fetal attachment (MFA) and conditional contract and considering the principle of voluntarism (dominion of will or supremacy of will), and considers as a remover of some legal challenges of pre-sale apartment contracts resulting from construction partnering contract in Iran’s judicial precedent.

The Management of the Endowed Property in the Case of Not Appointing and Not Choosing the Administrator (Arabic: مُتوَلِّی) of Endowment by the Founder (Arabic: واقِف, Wāqif)

Volume 15, Issue 27 , June 2023, , Pages 3-22

https://doi.org/10.30513/cjd.2020.1067

Abstract

The way to manage waqf (Arabic: وَقْف, endowment) is one of the main issues in the endowment contract. The responsibility of the management of the endowed property rests with the ... Read More The way to manage waqf (Arabic: وَقْف, endowment) is one of the main issues in the endowment contract. The responsibility of the management of the endowed property rests with the administrator (Arabic: مُتوَلِّی) according to the opinion of jurists and also the civil law. The administrator is usually appointed by the founder (Arabic: واقِف, Wāqif) during the endowment. Now, the question arises who will be the administrator, if the founder has not appointed the administrator? Article 81 of the amendment of the Civil Code has identified the custodian as the ruler in public endowments, which does not have a specific custodian. According to Clause 1 of Article 1 of the Law on Institutions and Powers of the Organization of Hajj and Endowments and Charitable Activities (Affairs), approved on December 23, 1984, the administration of general endowments that do not have an administrator or have unknown administrators and if the expedient of the endowment and the next generation or resolving the dispute of beneficiaries of an endowment (Arabic: مَوْقُوفٌ ‌عَلَیْهِم) are subjected to the intervention of the guardian of the Islamic jurist in private endowment (endowment for the benefit of certain individuals) will be delegated to this organization from the date of approval of this law. However, the opinions of jurists differ where the founder does not appoint an administrator in the endowment. Some believe that the administration (trusteeship) is with the beneficiaries of an endowment in both types of endowments. A group considers the administration as the ruler in every kind of it. Some believe that the administrator in the general endowment is the ruler and the beneficiaries of an endowment bear the mentioned responsibility in the private endowment. It was concluded, by analytical-descriptive method and using the library method, in this study that the administrator of the endowed property is the ruler in cases where the founder does not specify the administrator in the endowment, and there is no difference between the general endowment and the private endowment in this regard.

scientific

Feasibility of suspension towards one party of the contract in barter contracts

somayeh zohuri; Mohammad Farzanegan

Articles in Press, Accepted Manuscript, Available Online from 02 February 2025

https://doi.org/10.30513/cjd.2025.6251.1985

Abstract

Even though there is a serious difference of opinion among the jurists regarding the validity of the pending contract, and the famous jurists have assumed it to be invalid, but the ... Read More

scientific

Jurisprudential foundations of civil liability arising from the application of artificial intelligence

ali irvani; ali Khorsand; Seyyed Bagher Muhammadi

Articles in Press, Accepted Manuscript, Available Online from 29 July 2025

https://doi.org/10.30513/cjd.2025.7030.2066

Abstract

“Artificial intelligence (AI) is the ability of a computer system to perform tasks including learning, reasoning, problem-solving, decision-making, and understanding its surrounding ... Read More

scientific

A Jurisprudential and Legal Analysis of the Validity of Ambiguous Dowry and Mechanisms for Resolving Its Uncertainty with Emphasis on Judicial Practice

Ahmad Behi; mohammad mehryar

Articles in Press, Accepted Manuscript, Available Online from 02 August 2025

https://doi.org/10.30513/cjd.2025.7049.2068

Abstract

One of the major challenges in the Iranian legal and jurisprudential system is the issue of ambiguous dowry, particularly in cases where the dowry is stipulated in general or undivided ... Read More

scientific

Analyzing the situation of natural hair sales

Mohammad Hosein taghipour; Vadieh Tahmasbpour; Hossein khanlari Bahnamiri

Articles in Press, Accepted Manuscript, Available Online from 05 October 2025

https://doi.org/10.30513/cjd.2025.6965.2060

Abstract

Despite the fact that many studies have been conducted on the trading of human body parts, there has been no scientific research on the status of trading in natural hair. This is an ... Read More

scientific

the possibility of creditors' intervention in the debtor's transactions when the debtor claims insolvency due to the absence of essential conditions of the transactions

seyyed Mohammad asadinejad; sahand Nejadi Ijadkar

Articles in Press, Accepted Manuscript, Available Online from 05 October 2025

https://doi.org/10.30513/cjd.2025.6996.2062

Abstract

Transactions that the debtor claiming insolvency conducts may lack one of the essential conditions for the validity of transactions; therefore, they may be void, or voidable. What has ... Read More

scientific

A Functional Analysis of the Duty of Enjoining Good in Establishing Reciprocal Guardianship: Public Responsibility and Individual Freedom

Reza Mollazadeh; Khatereh Shahinfard; meisam shoaib

Articles in Press, Accepted Manuscript, Available Online from 05 October 2025

https://doi.org/10.30513/cjd.2025.7540.2112

Abstract

Within the Islamic intellectual tradition, the duty of enjoining good and forbidding wrong is founded upon the hermeneutical tension between two principles: public responsibility and ... Read More

scientific

Pathology of the Intensification of Restrictions on Private ownership in Iran from a Jurisprudential and Legal Perspective

Begard teimouri; shahram mohammadi; Ebad Rouhi

Articles in Press, Accepted Manuscript, Available Online from 06 October 2025

https://doi.org/10.30513/cjd.2025.7173.2077

Abstract

Private ownership, as one of the fundamental rights of individuals, plays a pivotal role within the legal system. In the Islamic Republic of Iran, the continuing trend of intensifying ... Read More

scientific

Jurisprudential and legal explanation of the possibility of agreement on the effect of termination of the contract in the past

amirabbas Askari

Articles in Press, Accepted Manuscript, Available Online from 21 November 2025

https://doi.org/10.30513/cjd.2025.4889.1828

Abstract

Termination of the contract is effective for the future, and until there is no cause for the termination of the contract, the contract remains in place. Therefore, by applying the termination, ... Read More

scientific

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mohammad bolhasani

Articles in Press, Accepted Manuscript, Available Online from 16 November 2025

https://doi.org/10.30513/cjd.2025.5637.1920

Abstract

چکیده: شیوع بیماری‌های واگیردار، نظام سلامت و حیات جوامع بشری را با چالش‌های فقهی-حقوقی جدی مواجه می‌سازد. ... Read More چکیده: شیوع بیماری‌های واگیردار، نظام سلامت و حیات جوامع بشری را با چالش‌های فقهی-حقوقی جدی مواجه می‌سازد. تست انسانی و تزریق عمومی واکسن‌های نوپدید، به دلیل وجود عوارض احتمالی در برابر ضرورت مقابله با بیماری، مصداق بارز تزاحم بین دو مصلحت (حفظ سلامت فرد از عوارض واکسن و حفظ سلامت جامعه از بیماری) است. این پژوهش با هدف واکاوی حکم این مسئله، به روش تحلیلی-توصیفی و با رویکردی تطبیقی، به بررسی مبانی و ادله فقه امامیه و اهل سنت می‌پردازد. سؤال اصلی آن است که حکم فقهی تست و تزریق واکسن در مذاهب اسلامی چیست؟ یافته‌های تحقیق نشان می‌دهد که هر دو مذهب، با اتکا به اصول مشترکی همچون وجوب حفظ نفس (به عنوان یکی از مقاصد اصلی شریعت)، قاعده لاضرر، قاعده ضرورت و لزوم تقدیم مصلحت اهم، بر جواز تست انسانی واکسن تحت شرایطی چون رضایت آگاهانه و حداقل بودن ریسک، اتفاق نظر دارند. همچنین، در شرایطی که واکسیناسیون تنها راه مؤثر برای مهار بیماری باشد، حاکم شرع (بر اساس ولایت فقیه در فقه امامیه و مصلحت عامه در فقه اهل سنت) می‌تواند آن را الزامی کند. تفاوت‌های جزئی عمدتاً در مبانی استدلالی و برخی مسائل فرعی مانند استفاده از ترکیبات حرام در واکسن ظهور می‌یابد که آن هم در شرایط ضرورت، به جواز منجر می‌شود.

scientific

An Analytical Perspective on the Feasibility of Sale, Lease, and Loan of Cryptocurrency and Its Seizure

setare Ayoubi; Sam Moahammadi; Seyed Hasan Hoseini Moghadam

Articles in Press, Accepted Manuscript, Available Online from 16 November 2025

https://doi.org/10.30513/cjd.2025.6532.2014

Abstract

Cryptocurrencies, as an emerging phenomenon in the world of technology and economy, have introduced new challenges in the fields of law and Islamic jurisprudence. This research adopts ... Read More

scientific

Validation of Concessionary Sales to Judges

Gholamreza Yazdani; Mohsein Jahangiri

Articles in Press, Accepted Manuscript, Available Online from 16 November 2025

https://doi.org/10.30513/cjd.2025.7577.2115

Abstract

Concessionary sales to judges, as a form of bribery within the judicial system, have long been scrutinized by Shia jurists due to their disruption of judicial justice and classification ... Read More

Review Article

Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad

Nima Norouzi

Articles in Press, Accepted Manuscript, Available Online from 05 October 2025

https://doi.org/10.30513/cjd.2025.7227.2085

Abstract

The contract of guarantee (ḍamān) has long been regarded as a central institution in Imami jurisprudence, traditionally defined on the basis of naql al-dhimma (transfer of liability). ... Read More

scientific

موضوع عقد و موضوع تعهد(ات قراردادی)؛ وحدت یا دوگانگی

روح الله اخوندی; mostafa shahbazi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.6210.1979

Abstract

scientific

Jurisprudential and legal reasons for the guarantor's lack of recourse to the principal after a debt donation to an authorized guarantor

Mohammad jaber Ghanbari; Seyyed Mahdi Kazemi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7204.2083

Abstract

Without a doubt, as stipulated in Article 719 of the Civil Law, the release of the guarantor results in the loss of the guarantor's right to recourse against the principal. However, ... Read More

scientific

The scope of the "principle of the necessity of removing ambiguity from the subject of the transaction" in in Jurisprudence and law

Hamed Salehi Aliabadi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7221.2090

Abstract

One of the undisputed principles in jurisprudence and statutory law regarding the general rules of contracts as well as the specific rules governing specific contracts is the "principle ... Read More

scientific

Jurisprudential-Legal Analysis of the Inefficiency of the Principle of the Rule of National Law on the Personal Status of Iranians Living Abroad

seyed ali mirlohi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7248.2087

Abstract

With the increase in Iranians residing abroad, the Iranian legal system faces the fundamental challenge of how to interact with the legal situations and decisions related to the personal ... Read More

scientific

The examples, criteria, and scope of development on wife from the perspective of Imamieh jurisprudence

Zahra Rasti; Fatemeh Mashayekhi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7310.2094

Abstract

In the religion of Islam, the family is of special importance as the center of education and the cornerstone of achieving a dynamic society, and therefore, Islam has established rights ... Read More

scientific

The effect of knowing the intention of illegal use on the validity and invalidity of the transaction: a jurisprudential study

Gholamreza Yazdani

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7412.2103

Abstract

Undoubtedly, in cases where the direction of the transaction is illegitimate and this illegitimate direction is mentioned in the contract, the transaction is void and invalid. However, ... Read More

scientific

A Jurisprudential Study on the Validity of Selling Decorative Dogs in Imamiyyah (Shi‘a) Fiqh"

mohammadjavad enayati; Alireza Enayati; reza esfandiary

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7578.2116

Abstract

In Ja‘fari jurisprudence, the sale of intrinsically impure objects (‘ayn najis) is generally considered invalid due to the absence of a rationally permissible benefit, with ... Read More

scientific

Genealogy of a Profound Jurisprudential Dispute; An Analysis of the Argumentative Mechanisms of Imamiyya and Ahl al-Sunnah on the Issue of Mut'ah Emphasizing the Semantics of Verse 24 of Surah An-Nisa'

meisam shoaib; ali mohammadian; Reza Mollazadeh

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7774.2137

Abstract

The present study, noting the existing research gap, comparatively examines the jurisprudential methodologies of Imamiyya and Ahl al-Sunnah regarding the issue of temporary marriage ... Read More

scientific

Analytical comparison of related contracts and compound contracts in Iranian law

farzad beheshti tavandari; seyyed abooalghasem naghibi

Articles in Press, Accepted Manuscript, Available Online from 20 January 2026

https://doi.org/10.30513/cjd.2026.7239.2088

Abstract

Related contracts are new legal phenomena that entered the world of law in line with the economic needs of individuals, in the laws of countries such as France and in light of the theories ... Read More

scientific

Assessment of the Owner's Liability for Damages Caused by the Acts of a Domestic Cat

mahdiyeh ghanizadeh; abd al-samad ali abadi

Articles in Press, Accepted Manuscript, Available Online from 31 January 2026

https://doi.org/10.30513/cjd.2026.7185.2078

Abstract

Given the demands of modern life and the practice of keeping cats as domestic pets, an issue of particular importance that requires examination is the owner's liability for damages ... Read More

scientific

The Possibility of Enforcing the Obligation of the Contracting Party in Considered Status to Remove the Impediment and Fulfill the Formal and Substantive Conditions of the Contract under Iranian Law and Imamiyeh Jurisprudence

javad niknejad

Articles in Press, Accepted Manuscript, Available Online from 31 January 2026

https://doi.org/10.30513/cjd.2026.6883.2051

Abstract

A considered contract refers to a contract that has been duly formed with all essential requisites, but is hindered by an impediment that prevents its continued execution. Such an impediment ... Read More

scientific

The Shift from Detailed to Aggregate Knowledge in Combined Contracts within Islamic Jurisprudence

mahmood akbari

Articles in Press, Accepted Manuscript, Available Online from 31 January 2026

https://doi.org/10.30513/cjd.2026.7189.2079

Abstract

1AbstractComposite contracts in Iranian law face a fundamental challenge arising from the tension between the principle of freedom of contract (Article 10 of the Civil Code) and the ... Read More

scientific

A Jurisprudential and Legal Analysis of the Option of Termination in Smart and Digital Contracts: Challenges and Solutions in Iranian Private Law

Seyed Mostafa Hashemi; Najmeh Darenjani Shirazi

Articles in Press, Accepted Manuscript, Available Online from 08 March 2026

https://doi.org/10.30513/cjd.2026.7938.2151

Abstract

The expansion of blockchain technology and the growing use of smart contracts have posed novel challenges to contract law. One of the most significant challenges concerns the manner ... Read More

scientific

An Analytical Study of the Dimensions of Family Justice through Assessing the Degree of Conformity of Judicial Divorce Rulings with Jurisprudential Teachings

Nematollah Firoozi; Mahdi kohansal; shayan Raeis; Amirhossein Abolhasani

Articles in Press, Accepted Manuscript, Available Online from 20 April 2026

https://doi.org/10.30513/cjd.2026.7955.2154

Abstract

A critical dimension in adjudicating family disputes is the accurate understanding of the issue and issuing judgments accordingly. This study aims to answer the question: “To ... Read More

scientific

Article 1168 of the Iranian Civil Code; Jurisprudential-Legal Analysis with Emphasis on the Balance of Parents' Rights and Duties in Custody

Hojjatollah دهقانی

Articles in Press, Accepted Manuscript, Available Online from 20 April 2026

https://doi.org/10.30513/cjd.2026.7676.2125

Abstract

The jurisprudential-legal study of Article 1168 of the Iranian Civil Code, which considers child custody to be both a “right” and a “duty” of parents, demonstrates ... Read More

scientific

Analyzing the nature and permissibility of third-party security in civil actions (Comparative study with Imamiyyah jurisprudence)

Mohammad jaber Ghanbari; hasan moatamedi

Articles in Press, Accepted Manuscript, Available Online from 21 April 2026

https://doi.org/10.30513/cjd.2026.8010.2164

Abstract

In many cases of civil proceedings, the legislator has accepted the taking of suitable security from the plaintiff (such as the applicant for a temporary order), the objector (such ... Read More

scientific

The Scope of Children’s Medical Maintenance in Imami Jurisprudence and Iranian Law, with Emphasis on Cosmetic Surgeries

حمید حمیدیان; vadieh tahmasb pour

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cjd.2026.8014.2166

Abstract

Child maintenance in Imami jurisprudence and the Iranian legal system is a protective institution aimed at meeting the child’s essential needs. Although the Civil Code specifies ... Read More

Review Article

A study of the theoretical foundations and legal effects of forced contracts after the disappearance of forced contracts in Imami jurisprudence.

Mohammad Hossein Parsi Mood; Reza sarabi

Articles in Press, Accepted Manuscript, Available Online from 03 May 2026

https://doi.org/10.30513/cjd.2026.7724.2133

Abstract

One of the fundamental pillars of the validity of transactions in Imamiyyah jurisprudence is the existence of free will and full consent of the contracting parties at the time of concluding ... Read More

scientific

Analysis of the jurisprudential and legal foundations of the civil liability of religious preachers resulting from errors in expressing religious rulings

Seyed Mahdi jokar; Fatemeh alizadeh; najmeh zakikhani

Articles in Press, Accepted Manuscript, Available Online from 04 May 2026

https://doi.org/10.30513/cjd.2026.7599.2117

Abstract

One of the most important matters of propaganda is the correct propagation of religious rulings. However, sometimes this category faces challenges, the most important of which is the ... Read More

Volume 17 (2025)

Volume 16 (2024)

Volume 15 (2023)

Volume 14 (2022)

Volume 13 (2021)

Volume 12 (2020)

Volume 11 (2018-2019)

Volume 10 (2017-2018)

Volume 9 (2016-2017)

Volume 8 (2015-2016)

Volume 7 (2014-2015)

Volume 6 (2013-2014)

Volume 5 (2012-2013)

Volume 4 (2011-2012)

Volume 3 (2010-2011)

Volume 2 (2009-2010)

Volume 1 (2008-2009)

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