Civil Jurisprudence Doctrines

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

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 32, December 2025, Pages 1-412

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