Civil Jurisprudence Doctrines

W hat is considered in this brief is the accuracy or inaccuracy of the condition of option in the contract of liability. Jurisprudents and researchers have divided the contracts ... Read More W hat is considered in this brief is the accuracy or inaccuracy of the condition of option in the contract of liability. Jurisprudents and researchers have divided the contracts into obligatory and allowable contracts from one aspect. Dissolution of the obligatory contracts is not possible except where there is an option for one of the parties or both of them were satisfied with its dissolution. Irrevocable contracts can be divided from another aspect: those can have an option and those can’t. Some of obligatory contracts can’t bear option and making option in them (like the contract of mortgage or marriage) is not suited to their natures, because the property for example in mortgage is as a guarantee in the because the consensus is depending on the reason and it is invalid and the tradition is also questionable in document and denotation. Incompatibility of the mentioned taking possessions with the right of mortgaged is doubtable too. Legal and juridical studding, it seems that the idea that transmitting possessions is not incompatible with the right of mortgaged and these two can be hand of mortgaged and making option for the mortgagor is incompatible with the collateral of that property. Therefore, we must discuss whether the contract of liability is an obligatory contract or authorized one and if it is an obligatory one, may it have an option? If it is doubted, what is the principle in this issue? What is the effect of the condition of option in the contract of liability? If liability dose not bear an option, inserting the condition of option causes nullity of the condition or invalidate both the contract and the condition? What about the conditional option or option of incorrect description? If both parties insert a condition or a description in a contract and one of them will be violated, is there an option for the party that the condition or description was in his favor? Key words: Contracts, Contract of liability, Option, Option of condition, Obligatory contracts, Authorized contracts.

Investigating Juridical Views about Solving the Problem of None-Particularization of the Rule of Prohibition of Taking Wage for Duties Obligations

Muhammad Taqi Fakhlai; M. Raza Sheikhi

Volume 3, Issue 4 , January 2009, Pages 25-48

Abstract

P rohibition of taking wage for duties obligations as a juridical rule has been agreed upon by Jurisprudents. Nevertheless, most jurisprudents have discussed the permissibility ... Read More

Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)

Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan

Volume 3, Issue 4 , January 2009, Pages 49-64

Abstract

O ne of the important issues of the right of mortgaged is the legal situation of the transmitting contracts of the property including mortgage property by mortgagor. In accordance ... Read More

Studding the Concept of Naseb (Anti-Shi’a) and His Deprivation of Civil Rights in the Hadith and Shiite Jurisprudence

Dr. Sayyed Ali Sajjadizadeh

Volume 3, Issue 4 , January 2009, Pages 65-94

Abstract

T the term naseb (anti-Shi’a) has come in the hadith of Ahl-Bayt (A.S) and in the words of Shiite jurisprudents abundantly and many commands, including, deprivation of ... Read More

Considering the Juridical Commands of Debtors of Marriage Portion

Dr. Javad Irvani

Volume 3, Issue 4 , January 2009, Pages 95-110

Abstract

M onetary debts in jurisprudence have several commandments that some of them are disputable in view of jurisprudents. For example necessity of paying debt in ... Read More

Primary and Secondary Commandments in the Quran; Criteria and Examples

Dr. Reza Haghpanah

Volume 3, Issue 4 , January 2009, Pages 111-138

Abstract

T here are two kinds of religious commandments: one is a command that is established for a thing as an action regardless of the states and knowledge and ignorance of the obligatee ... Read More

Examples for Applying Deduction in the Juridical Works of Sheikh Toosi

Dr. Muhammad Mahdi Yazdani

Volume 3, Issue 4 , January 2009, Pages 139-162

Abstract

D eduction and the way of dealing with it are one of the oldest issues in the jurisprudence and principles of the religious schools. Meanwhile, general approach in Shiite school ... Read More

Nature and Scope of Governmental Order and Its Function in Solving New Problems in Society

Muhammad Eshaq Arefi

Volume 3, Issue 4 , January 2009, Pages 163-190

Abstract

T he nature of governmental command, its scope and its function in solving new issues of society are the most important ones that have been considered in this ... Read More

Civil Jurisprudence Doctrines

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Volume & Issue: Volume 3, Issue 4, January 2009, Pages 1-204

Condition of Option in the Contract of the Liability

Abstract

Investigating Juridical Views about Solving the Problem of None-Particularization of the Rule of Prohibition of Taking Wage for Duties Obligations

Abstract

Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)

Abstract

Studding the Concept of Naseb (Anti-Shi’a) and His Deprivation of Civil Rights in the Hadith and Shiite Jurisprudence

Abstract

Considering the Juridical Commands of Debtors of Marriage Portion

Abstract

Primary and Secondary Commandments in the Quran; Criteria and Examples

Abstract

Examples for Applying Deduction in the Juridical Works of Sheikh Toosi

Abstract

Nature and Scope of Governmental Order and Its Function in Solving New Problems in Society

Abstract