Civil Jurisprudence Doctrines

According to Article 23 of the Family Protection Law of 2012 (1391 in the Solar Hijri calendar), couples must provide the necessary certificates for infectious and dangerous diseases ... Read More

scientific

A Jurisprudential and Legal Study of the Effect of Termination Compared to Previous Contracts

Mahdi Chegeni; Saeed Siah Bidi Kermanshahi

Volume 12, Issue 21 , January 2021, Pages 95-112

Abstract

Traditionally, one of the distinguishing features of termination and annulment of a contract is considered to be that annulment makes the contract ineffective from the beginning, and ... Read More

scientific

Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law

Saeed Kheradmandi

Volume 12, Issue 21 , January 2021, Pages 113-138

Abstract

The rental contract in jurisprudence and legal regulations is an ownership (proprietary) nature, so in rental transaction by conduct (without using words), the conduction of such a ... Read More

scientific

A Reflection on the Theory of Adequate Cause with Emphasis on Iranian and Common Law

Siāmak Rahpeik; Nader Vellaei

Volume 12, Issue 21 , January 2021, Pages 139-166

https://doi.org/10.30513/cjd.2020.632

Abstract

The criterion for determining the responsible cause is different in different perspectives. The actus (material) view identifies the responsible cause solely on the basis of criteria ... Read More

scientific

Determining the Scope of the Principle of Contractual Freedom in the Light of the Theory of Rule and Right

Ali Mokhtari Chaharbari; Ali Akbar Farahzadi

Volume 12, Issue 21 , January 2021, Pages 167-190

Abstract

The limiting factors of the principle of contractual freedom include the laws of mandatory, public order, good morals, and persons cannot compromise unlike them. According to the jurisprudential ... Read More

scientific

A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law

Seyed Mahdi Mousavi; Amir Sadeghi Neshat

Volume 12, Issue 21 , January 2021, Pages 191-220

Abstract

Amir Sadeghi Neshat (Associate professor at the University of Tehran) The refusal of the acceptance a right occurs when one party or a third party in a contractual or non-contractual ... Read More

scientific

Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule)

Zainab Mirzaei Safiabad; Mahdi Movahedi Moheb

Volume 12, Issue 21 , January 2021, Pages 221-252

Abstract

The rule of obligation (Eghdam or Necessity Rule), according to one of the relatively common readings (for example: Al-Ḥillī 1384 AH and Mostafavi 1412 AH) is responsible for regulating ... Read More The rule of obligation (Eghdam or Necessity Rule), according to one of the relatively common readings (for example: Al-Ḥillī 1384 AH and Mostafavi 1412 AH) is responsible for regulating the relations of Shiites with non-Shiite Muslims (and according to a quote; all non-Shiites, both Muslims and non-Muslims) in cases where they believe a ruling opposes Shiite view and that ruling is in the interest of the Shiite, which in this case Shiite oblige that person to his/her non-Shiite view. This article, while examining the definition, scope and arguments of the jurisprudential rule of necessity (Eghdam), according to two elements: “non-Shiite side” and “benefit of the Shiite side” from the point of view of this famous reading, criticizes the arguments of this rule and with fundamental uncertainty in it, express some considerations including, the inference (conclusive) of multiple and unequal legal systems in domestic law, the separation of nationals to each other in private international law and incompatibility with the spirit of international custom and treaties in public international law. Although this reading of the rule is also opposed by contemporary jurists, the fundamental legal reasons presented in this article in criticizing this reading of the rule are different from those oppositions and are completely new. It goes without saying that some jurists, such as Mohammad Javad Fazel 2013 (1392 in the Solar Hijri calendar), have another reading of the obligatory rule that is more compatible with the rule of confirmatory and can seriously avoid the famous reading which is criticized in this article. The rule of obligation (Eghdam or Necessity Rule), as its name implies, requires, according to this famous reading, others (whether non-Shiites or non-Muslims) to adhere to the more difficult rules of their religion or sect. However, the rule of confirmatory is only the responsibility of approving or confirming different rulings of other religions or denominations, and it does not mention the obligation and element of harm or hardship for others.

scientific

Reflection on Option for Delayed Payment of the Price

Ali Nosrati

Volume 12, Issue 21 , January 2021, Pages 253-274

Abstract

Option is one of the most important causes of dissolution of contracts, which has various types in the jurisprudence of Islamic religions and legal systems of the world. The option ... Read More

scientific

Legal Jurisprudential Analysis of Some Causes of Exemption from Civil Liability in the Qur'an

Hossein Houshmand Firuzabadi; Meysam Khazaei; Hossein Javar; Ayyūb Amraei

Volume 12, Issue 21 , January 2021, Pages 275-302

Abstract

On the basis of respect for the dignity of persons, any invasion on the body (physical) integrity, psychological (moral) status and property and abandoning of persons is prohibited, ... Read More

scientific

The Validity of the Condition of Payment of Certain Property in the Liability Contract

Gholamreza Yazdani

Volume 12, Issue 21 , January 2021, Pages 303-320

Abstract

Under the guarantee contract, the guarantor’s obligation is indebted to the person whom a guarantee is given (creditor), and the right of the creditor is granted to the guarantor’s ... 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)

Volume & Issue: Volume 12, Issue 21, January 2021, Pages 1-346

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract