Civil Jurisprudence Doctrines

The use of legal stratagem (Ḥiyal-i sharʿī) in various branches of jurisprudence—such as purity (Ṭahārat), marriage (Nikāḥ), divorce (Ṭalāq), sale (Baiʿ), lease ... Read More

scientific

Investigating the Guardian Council’s Perspective on the Acceptable Timeframe for Reclamation of Lands within Natural Resource Areas, with an Analysis of Note 6 of the Law on Invalidation of Documents for the Sale of Endowed Properties, Water, and Lands

Mojtaba Bagherzadeh; Seyyed Mostafa Mohaghegh Damad; Gholamali Seifi Zinab

Volume 17, Issue 31 , July 2025, Pages 29-58

https://doi.org/10.30513/cjd.2025.5762.1933

Abstract

According to Article 45 of the Constitution of the Islamic Republic of Iran, Anfāl (public wealth) and public resources—including forests, pastures outside urban areas, barren ... Read More According to Article 45 of the Constitution of the Islamic Republic of Iran, Anfāl (public wealth) and public resources—including forests, pastures outside urban areas, barren lands, mines, and so forth—are placed under the authority of the Islamic government. Nationalization regulations, as a type of expropriation law, affect private ownership, but due to the failure to consider the specific jurisprudential and legal conditions of endowed lands—especially in nationalization regulations—after the Islamic Revolution, laws and regulations have been enacted for the reclamation and protection of the country’s endowed lands. These have been subject to several amendments and reforms following the law of nationalization of forests and pastures dated 27/10/1341 HS. Note 6 added to the single article law on the nullification of documents for the sale of endowed properties, water, and lands, dated 19/12/1380 HS, represents the latest legislative intent regarding the resolution of disputes over endowed lands affected by the nationalization of forests and pastures. Considering the background of disputes and the legal opinions of the Guardian Council in this regard, as well as the amended executive bylaw of 15/12/1395 HS and its executive instruction, this note can be recognized as the rule for resolving conflicts between endowed lands and nationalization regulations in forests and pastures, and can serve as an operational criterion. Therefore, by reviewing the opinions of the Guardian Council jurists in this area, which have formed the basis for numerous judicial decisions—especially by the General Board of the Administrative Justice Court—a comprehensive analysis can be presented regarding the acceptable timeframe for the reclamation of endowed lands within natural resource areas. One of the distinguishing features of endowed lands is their particular legal nature regarding the permissibility of sale and removal from endowment status, which must also be considered within the rules and regulations governing expropriation. Accordingly, in the case of endowments, after the act of endowment (Waqf), sale or expropriation is not permissible without a legitimate religious (Sharīʿa) authorization, except under the specific conditions permitted by the rules of waqf.

scientific

The Basis of the Carrier’s Liability in Domestic Law and the CMR Convention: A Perspective on the 2019 Draft Commercial Law

Mahsa Nazari; Saeid Kheradmandy

Volume 17, Issue 31 , July 2025, Pages 59-90

https://doi.org/10.30513/cjd.2024.5501.1906

Abstract

In international conventions such as the CMR (Convention on the Contract for the International Carriage of Goods by Road) and domestic laws like the Civil Code and the Commercial Code, ... Read More

scientific

Validating the Conditionality of Predictability of Claimable Damages in Contractual and Tortious Liability in Imami Jurisprudence, Iranian Law, and Egyptian Law

mohammad ali saeeidi; jafar zanganeh shahraki; mahdi miri

Volume 17, Issue 31 , July 2025, Pages 91-118

https://doi.org/10.30513/cjd.2024.6012.1961

Abstract

There is a variety of opinions in Islamic jurisprudence regarding the conditionality of the predictability of damages in civil liability. While Iranian law contains no explicit provision, ... Read More

scientific

Evaluation of Critiques Raised Regarding the Diminishing Partnership Contract

Seysd Mojtaba Sedighian; mohammad arabshahe; Seyed Ali Sajjadizadeh

Volume 17, Issue 31 , July 2025, Pages 119-148

https://doi.org/10.30513/cjd.2024.6041.1964

Abstract

The diminishing partnership is a contractual arrangement in which, through a Stipulation within the contract, the partners are obligated to gradually buy and sell shares. Due to misunderstandings ... Read More

scientific

Investigating The Legitimacy of Investing Khums and Zakat Property Based on the Foundations of Imam Khomeini (RA)

R K; Gholamali Moghadam

Volume 17, Issue 31 , July 2025, Pages 149-172

https://doi.org/10.30513/cjd.2024.5751.1931

Abstract

Khums and zakat are obligatory duties prescribed by God Almighty upon muslims. The rationale behind legislating these divine obligations is to establish social justice and to provide ... Read More

scientific

The effect of the legitimacy of motivation in tortious liability

mahdi beiki shoraki; abbas karimi

Volume 17, Issue 31 , July 2025, Pages 173-204

https://doi.org/10.30513/cjd.2024.5705.1926

Abstract

An individual whose actions cause damage to another may act without motive (as in most accidents), with an illegitimate motive such as usurper, or with a legitimate motive. The primary ... Read More

scientific

A Critical Analysis of the Imami Jurists’ Approaches to the Wife’s Inheritance of Immovable Property from the Husband

alborz mohaghegh garfami; Mostafa Hosaini; fateme ansari

Volume 17, Issue 31 , July 2025, Pages 205-238

https://doi.org/10.30513/cjd.2025.5877.1942

Abstract

AOne of the jurisprudential sub-topics in the field of inheritance is the extent to which a wife is entitled to inherit from her husband’s estate. The difference of opinion among ... Read More

scientific

The Role of Possession in Conditional Sale, with a Critical View on Article 460 of the Civil Code

Mahdi Moazzami

Volume 17, Issue 31 , July 2025, Pages 239-260

https://doi.org/10.30513/cjd.2024.5749.1930

Abstract

The extinguishment of options (Khiyār) through possession is generally accepted. However, the role of possession in the extinguishment of the option condition (Khiyār al-shart) differs ... Read More The extinguishment of options (Khiyār) through possession is generally accepted. However, the role of possession in the extinguishment of the option condition (Khiyār al-shart) differs from other options, because the option condition varies according to its types-namely, the option condition outside the framework of conditional sale and the option condition within the framework of conditional sale. This distinction is reflected not only in the jurists’ discourse but also in Articles 450, 451, and 460 of the Civil Code. The focus of this article is on one type of option condition, namely conditional sale, with a critical comparison to Article 460 of the Civil Code. The main question of the article is: What is the role of possession in a precarious contract during conditional sale, when critically examined in light of Article 460 of the Civil Code? Using a descriptive-analytical method, this study concludes that, according to some jurists -whose reasoning is also supported by evidence- possession by the buyer of the principal item (Muthamman) and by the seller of the price (Thaman) or, in other words, possession of the transferred subject by both parties in conditional sale, does not extinguish the option. From the perspective of the Civil Code, firstly Article 460 incompletely addresses the rules related to conditional sale, since this article explicitly addresses possession only with respect to the buyer’s possession of the sold item (Mabīʿ). Secondly, contrary to the jurisprudential view that possession does not absolutely extinguish the option condition, this article considers possession that leads to transfer of ownership or similar effects as extinguishing the option and also is silent regarding possession by the seller of the transferred subject and does not provide a ruling. Therefore, by suggesting a modification and rewording the article in a different manner, we have resolved these deficiencies.

scientific

A Critical Study of Methods for Calculating Civil Compensation (Arsh) in Cases of Expert Disagreement, with Reference to the Opinions of Shaykh Ansārī

Mahdi Movahedi Moheb; Masih Lesani

Volume 17, Issue 31 , July 2025, Pages 261-284

https://doi.org/10.30513/cjd.2025.5646.1929

Abstract

If it is discovered that the item of a transaction was defective at the time of contract formation, the recipient may choose between rescinding the contract or compensation (Arsh). ... Read More

scientific

Critique of the Popular Arguments Regarding the Condition of Inheritance Between Spouses in Temporary Marriage

mohsen moosavi far; hamidreza safiy avandary; m k

Volume 17, Issue 31 , July 2025, Pages 285-314

https://doi.org/10.30513/cjd.2024.5635.1919

Abstract

Among the legal effects attributed to marriage is inheritance between spouses. However, according to the dominant view of the Imami jurists, inheritance between spouses in temporary ... Read More

scientific

Continuation of Authorization in the Institution of the Civil Partnership Contract

Tahereh Moslehi; javad niknejad; mohammad alamzadeh

Volume 17, Issue 31 , July 2025, Pages 315-344

https://doi.org/10.30513/cjd.2024.5926.1947

Abstract

A defining characteristic of the civil partnership contract is the joint ownership of partners’ assets, which is intrinsically linked to the legal concept of authorization (permission). ... 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 17, Issue 31, July 2025, Pages 1-344

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract