scholarly journals Rules of interpretation of the contracts in Afghanistan and Iran legal system

2019 ◽  
pp. 9-28
Keyword(s):  
Legal System ◽  
Good Faith ◽  
The Real ◽  
Iranian Law ◽  
The Law

Many of the contracts written by non-specialists who cannot set them correctly but sometimes it happened that the most accurate contracts need the interpretation, too. In this case, the parties may have to refer to the court and the judge is obligated to discover the real intention of parties. Courts for solving disputes arising from contracts, need specific rules to prevent disagreements. The rules of interpretation of the contracts in Afghan law and Iranian law are in two categories: inside rules that search in the text. The most important inside rules are positive interpretation (terms to be given effect), pay attention to the nature of the contract, analogy, and reference to the contract as a whole. The judges in Afghanistan and Iran do not limit themself to the contracts. They also pay attention to outside rules like the interpretation of the contracts in favor of promisor, good faith, the law, and contra proferentem rule. In Iranian law –despite Afghanistan- the rules of interpretation of the contracts are not explained and merely mentions scattered examples.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

The Principle Pacta Sunt Servanda and the Nature of Obligation Under International Law

1989 ◽  
Vol 83 (3) ◽  
pp. 513-518 ◽  
Author(s):  
I. I. Lukashuk
Keyword(s):  
International Law ◽  
Legal System ◽  
Fundamental Principle ◽  
International Order ◽  
Good Faith ◽  
International Legal System ◽  
The Law

The principle that treaty obligations must be fulfilled in good faith is one aspect of the fundamental rule that requires all subjects of international law to exercise in good faith their rights and duties under that law.In the sociopolitical sphere, this fundamental principle may be seen as manifesting the need perceived by states for an international legal system that can ensure international order and prevent arbitrary behavior and chaos. In the legal sphere, the principle is confirmation of the character of international law as law. Subjects of international law are legally bound under the principle to implement what the law prescribes.

scholarly journals PENEGAKAN HUKUM DALAM PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 19 (2) ◽  
pp. 201
Author(s):  
Ufran Ufran
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Problems ◽  
Fundamental Problem ◽  
The Real ◽  
Initial Symptoms ◽  
The Law ◽  
Law And Justice

<p><em>The </em><em>Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement</em></p>

scholarly journals Corporal Punishment of Children in Iranian Law and International Instruments

2016 ◽  
Vol 9 (3) ◽  
pp. 16
Author(s):  
Ahmad Reza Behniafar ◽  
Mahmood Poyan
Keyword(s):  
Corporal Punishment ◽  
Behavior Modification ◽  
Islamic Law ◽  
Human Society ◽  
The Real ◽  
Iranian Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
International Instruments ◽  
And Behavior

Corporal punishment of children in their education are important issues that historically have been accepted and Yankvhsh Unfortunately in today's society has neglected the rights of children and adults of these rights by violated. Islamic jurisprudence is recommended to right what ways? As well as laws have been codified in law what is? In the verses of Quran and Hadith from the infallible Imams come from (PBUH) emphasizes the reverence, love, forgiveness, compassion and Rfq and productive than children. On Islamic law, as is early in the punishment of child esteem and under certain conditions as a measure to maintain the system for training and behavior modification, family and children, voided, and to protect the interests, sanctions such as liability and responsibility, provided is. In this regard, in particular understanding of Islam and Shiite jurisprudence that laws in our country is the source and the directive could be an important step for appropriate legislation B for children. The law tries years of punishment and corporal punishment of children to prevent and eliminate this phenomenon in human society and in recent years a comprehensive international instrument to assert the rights of children and the prohibition of corporal punishment for exercising their raised have. Thus, at the outset, and seemingly contradictory approaches is formed. Therefore, in this study, explain and evaluate the real subject of two approaches have been tried according to the interests, rights, education, interests and protect the interests of children, the ways to close the two approaches together will be offered.

scholarly journals ASUMSI PUBLIK TERHADAP PASAL 51 KITAB UNDANG-UNDANG HUKUM PIDANA SEBAGAI DASAR IMUNITAS PEJABAT NEGARA

2020 ◽  
Vol 15 (2) ◽  
pp. 290-304
Author(s):  
Orien Effendi
Keyword(s):  
Work Environment ◽  
Legal System ◽  
Public Trust ◽  
Criminal Code ◽  
Good Faith ◽  
Online Media ◽  
Ordinary People ◽  
True Meaning ◽  
The Law ◽  
Sense Of Justice

AbstractMany people consider that the existence of Article 51 paragraph (1) and (2) in the Criminal Code is a basis for absolute immunity or immunity for officials. No exception for ordinary people who ultimately know the contents of the article who then assume that the law we profess is very damaging to a sense of justice. The existence of this article has also attracted the attention of academics, as evidenced by the number of studies published in publications that we can find in online media. It is this community's assumption that will lead to a setback of the law itself because of the loss of public trust in the existing legal system. Position orders without authority, do not cause criminal abolition, except if the governed, in good faith thinks that the order is given with authority and its implementation is included in the work environment, that is about the sound of paragraph (2) of article 51 of the Criminal Code. The problem that often occurs is that many articles in legislation do not explain in detail the true meaning. If we may examine paragraph (2) in that article, it means that an official's actions can be justified even though there is no prior order, either from the law or an order of an authorized position with only the basis of good faith from the act. The intent of good faith can invite diverse interpretations, then questions arise; what are the criteria of good faith, whichever boundary of good faith is intended, and so on.Keywords: Article 51, Criminal Code, Academics, Justice.

scholarly journals Form and Substance in US, English, New Zealand and Japanese Law: A Framework for Better Comparisons of Developments in the law of Unfair Contracts

1996 ◽  
Vol 26 (2) ◽  
pp. 247 ◽  
Author(s):  
Luke Nottage
Keyword(s):  
New Zealand ◽  
Legal System ◽  
The United States ◽  
Contract Law ◽  
Good Faith ◽  
Undue Influence ◽  
The Law ◽  
Japanese Law ◽  
The Impact ◽  
Fine Print

There was talk of change in the law of contract in the United States, England, New Zealand and Japan in the 1990s. Often this was linked to broader trends of internationalisation. This article builds on the "form-substance" framework proposed by Atiyah and Summers, focusing on the fine print doctrine, the duty of good faith, and the law of unconscionability and undue influence. It argues that developments in these areas of contract law, which control unfair contracts, tend to be consistent with the overall orientation of each national legal system. This suggests that counter-systemic developments in each legal system's contract law will be met by more resistance than expected. Further, those overall orientations are not necessarily convergent, and this is likely to affect the impact of international developments in contract law on each legal system.

scholarly journals “BUKAN MERUPAKAN KERUGIAN NEGARA”: ANALISIS IMPLEMENTASI KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19

2020 ◽  
Vol 8 (9) ◽  
pp. 1407
Author(s):  
Dian Eka Prastiwi
Keyword(s):  
Financial System ◽  
The State ◽  
Good Faith ◽  
System Stability ◽  
Financial Policy ◽  
The Real ◽  
Real Value ◽  
The Law

Penelitian ini bertujuan untuk mengkaji isu krusial yang terkait dengan dikeluarkan PERPU NO. 1 Tahun 2020 tentang Kebijakan Keuangan Negara Dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemi Corona Disease 2019 (“Covid-19”) yang diubah menjadi Undang-Undang Nomor 2 Tahun 2020. Untuk dapat mengetahui makna Kerugian Negara dan Penerapan Itikad baik sesuai dengan Pasal 27. Penelitian ini menggunakan metode normatif dengan menggunakan studi dokumen yang meliputi bahan hukum primer, sekunder dan tersier. Hasil penelitian ini menunjukkan bahwa Undang-Undang Nomor 2 Tahun 2020. Terkait dengan hal-hal yang terdapat dalam Pasal 27 PERPU No 1 Tahun 2020 juga dinilai berpotensi memunculkan korupsi dengan adanya Pasal 27 ayat 1 terutama frasa “bukan merupakan kerugian Negara”. Unsur terpenting dari suatu kerugian Negara adalah adanya perbuatan melawan hukum dan nilai kerugian yang riill. Oleh karena itu, pengaturan frasa “bukan merupakan kerugian Negara” dalam Pasal 27 ayat 1 PERPU No 1 Tahun 2020 agar tidak terjadi salah penafsiran atas Pasal tersebut maka perlu diatur lebih detail dalam penjelasan pasal demi pasal pada PERPU yang dimaksud. This study aims to examine the crucial issues associated with the issuance of PERPU NO. 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the 2019 Corona Disease Pandemic (“Covid-19”) which was amended to Law Number 2 of 2020. To be able to find out the meaning of State Loss and Implementation of Good faith in accordance with Article 27. This study uses a normative method by using document studies which include primary, secondary and tertiary legal materials. The results of this study indicate that Law Nomoor 2 of 2020. In relation to matters contained in Article 27 of PERPU No. 1 of 2020 it is also considered to have the potential to cause corruption with the existence of Article 27 paragraph 1, especially the phrase "not a loss to the State". The most important element of a State loss is an act against the law and the real value of the loss. Therefore, the regulation of the phrase "not a loss to the State" in Article 27 paragraph 1 of PERPU No. 1 of 2020 so that there is no misinterpretation of the Article, it is necessary to regulate in more detail the explanation of article by article in the PERPU referred to. 

scholarly journals VALIDITY AND TIME OF CONTRACTUAL OBLIGATIONS ARISING FROM COMPENSATION IN IRAN AND BRITISH LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Ali Asghar Kargar ◽  
Mozafar Bashokouh ◽  
Mansour Eshghpour
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Practical Experience ◽  
Iranian Law ◽  
Moral Damage ◽  
The Law ◽  
Contractual Obligations ◽  
Compensatory Damages ◽  
The Right ◽  
Criteria For Evaluation

Three ways to enforce the same obligation are to terminate and pay damages in respect of the guarantee of contravening contractual obligations in common legal systems, although the primacy of these compensatory methods varies from one to another in each system. In England, four types of damages are foreseen for breach of contractual obligations: compensatory or remedial damages, recovery or restitution, nominal damages, and punitive damages. Recovery damage is assessed with two predicted damages and repossessing damages. The moral damage is also in the category of compensatory damages, but it has its own rules. In Iranian law, the law expresses some conditions, barriers, and forms of damages. Items such as loss, existence of causality, certainty, predictability, and directness as other conditions involved in creating the right to claim damages are raised by legal theory. Applied issues such as the compensation criteria are also not a specific place in the legal system of Iran. Limitations on damages, including unlikeness, discounting theory, the involvement of the injured party in Cairo's rights in England, have been developed to identify each of the criteria and criteria for evaluation; in the Iranian legal system, Cairo's power is explicitly stated in the law. And other cases have been raised more and more in legal theory. The incomplete and disproportionate expression of the rules governing the compensation of Iranian law as well as the necessity of achieving a comprehensive military system in this regard, taking advantage of the theoretical and practical experience of the English law, is an essential requirement for the present study

LANGUAGE AND THE LAW

1999 ◽  
Vol 19 ◽  
pp. 156-173 ◽  
Author(s):  
John Gibbons
Keyword(s):  
Legal System ◽  
Real World ◽  
Credit Card ◽  
Social Institution ◽  
The Real ◽  
Beliefs And Values ◽  
The Law ◽  
Teacher’S Responsibilities ◽  
Language Issues

Law is language. It is not solely language, since it is a social institution manifested also in non-linguistic ways, but it is a profoundly linguistic institution. Laws are coded in language, and the processes of the law are mediated through language. The legal system puts into action a society's beliefs and values, and it permeates many areas of life, from a teacher's responsibilities to a credit card agreement. The language of the law is therefore of genuine importance, particularly for people concerned with addressing language issues and problems in the real world—that is, Applied Linguists.

scholarly journals Sobre la equidad contractual y la obligatoriedad del vínculo: Una mirada a la luz de la protección jurídica del contratante débil

2021 ◽  
Vol 8 ◽  
pp. 174-206
Author(s):  
Renzo Munita Marambio ◽  
Keyword(s):  
Legal System ◽  
Essential Elements ◽  
Good Faith ◽  
The Other ◽  
The Status ◽  
The Law

Contractual fairness and the will’s role on the bindingness of contracts can be regarded as essential elements for the task of juridically argument that it is possible to find enough tools within the law of obligations to protect the contracting party that is in a weak position with respect to the other. In this sense, it is not necessary to have the status of a consumer to be entitled to the aforementioned protection, since such regime can be articulated from particular notions integrated to our legal system. In this framework, the modern interpretation of legitimate trust and contractual equilibrium are stressed. These notions can be inspired by the favor debilis criterion rather than the notion of good faith. This criterion is fundamental to define the directive line of this work.

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