scholarly journals Investigating the Juristic basis of State and Provincial Commands in the Civil Lawof Islamic Republic of Iran

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Ardeshir Fathalian ◽  
Dr. Rajab Akbarzadeh ◽  
Dr. Ahmad Hosein Falahi
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Islamic Republic ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader

<p>Governmental commands are commands which the ruler of the society prescribes according to the predicted legal terms and the general well beings of the Muslims to protect the safety of the society and resolve the deadlocks. Guardian jurist's (Vilayat-e Faghih's) and supreme ruler's range of authorizations are complete and full so that Imam Khomeini announced that guardianship should include all issues for which the prophet of Islam and Shia Imams have a responsibility towards it. This study made an attempt to investigate the juristic principles of governmental commands in civil code of the Islamic Republic of Iran.The basis and evidence of the subject were referred to from Quran, narrations, Islamic jurists' and scholar's opinions and the intuition viewpoint. In the civil law of the Islamic Republic of Iran, there are some clauses like 56, 77, 79, 81, 171, 1029, and 1130 which are representative of the influence of governmental command by the supreme leader.</p>

scholarly journals THE JURISPRUDENTIAL AND MORAL FOUNDATIONS OF THE AYATOLLAH KHAMENEI’S FATWA ON BAN OF NUCLEAR WEAPON

2021 ◽  
pp. 221-237
Author(s):  
Mohsen Shiravand ◽  
Abdol-Rasoul Meshkat
Keyword(s):  
Nuclear Weapons ◽  
Nuclear Weapon ◽  
Human Life ◽  
Moral Foundations ◽  
Islamic Republic ◽  
Present Essay ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader ◽  
Global Threat

Today nuclear weapons are a great global threat to human life and security. Meanwhile, Islamic Republic of Iran has strongly voiced its opposition to nuclear weapons based on the religious and rational measures and teachings. Ayatollah Sayed Ali Khamenei, the Supreme Leader of IRI, has also declared prohibited the production and use of nuclear weapons by issuing a Sharia based fatwa. The objective of the present essay is not only the explanation of this fatwa rather the identification of jurisprudential-moral foundations of it. The method used in this essay is documented-analytic. Among the results of this research, one can refer to the fact that Ayatollah Khamenei’s fatwa is a religious fatwa not a merely governmental law and since fatwa is based on the eternal religious sources, it is considered to be strategic, eternal and universal not merely tactical, expediential and temporary. Moreover, rational and Sharia (moral and jurisprudential) documents and reasons in which the present fatwa has its own origin in addition to the subject of “use” includes the prohibition of “production”, possession” and “proliferation” too.

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.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals Substitution of debtor in obligatory legal relationships

1970 ◽  
pp. 188-195
Author(s):  
Ievgen Riabokon
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Basic Factor ◽  
Wide Area ◽  
Legal Entity ◽  
Critical Attitude ◽  
Judicial Practice ◽  
The Subject ◽  
Mutual Obligation ◽  
Property Complex

The author pays attention to the issues of the dynamics of obligatory relationships, providing the possibility of their participants’ substitutions. It is noted that the content of the current civil legislation of Ukraine creates grounds for identifying the notions of “substitution of the debtor in the obligation” and “transfer of debt”, which is unacceptable. The author draws a distinction between these notions, alleges that the transfer of debt is only one of the reasons for the substitution of the debtor in the obligation.        Due to the fact that a basic factor that resulted a perception of the synonymy of the notions “replacement of debtor” and “translation of debt” is an imperfect formulation of Art. 520 of Civil Code of Ukraine, in a perspective legislation it is necessary substantially to extend the grounds of replacement of debtor in an obligation.        It is expedient to define in text of this norm, which one legal facts, that entail legal succession, also result in replacement of debtor in an obligation. These facts may include: inheritance, reorganization of legal entity by confluence, joining, division and transformation, allotment that is not the type of reorganization by the law, agreement on transfer of debt.      The grounds for replacing the debtor (in part of transferring debts) should be considered a transfer of contract providing for the transfer of rights and obligations in a mutual obligation; acquisition of rights of the enterprise as a single property complex, which may include debts under part 2 of Art. 191 Civil Code of Ukraine; changing the owner of the thing that is the subject of the contract, as a result of which the acquirer becomes the assignee of the party both in terms of rights and duties (part 4 of article 358, part 1 of article 770 of the Civil Code of Ukraine); other grounds defining features of the succession of obligations.          A critical attitude was expressed regarding the expediency of introducing into civil law such a ground for replacing a debtor as accepting a debt. It is argued that acceptance of a debt can be understood as an extremely wide area of different legal relationships, that could be associated with substituting the previous debtor with a new one and causing succession, or aiming at changes in the subjects, not connected with the substituting of the debtor and not causing the emergence of the succession. Attention is paid to the peculiarities of judicial practice in the field of application of the legislation on the substitution of a debtor in obligations.

scholarly journals Legal and historical overview of the protection of possession in Serbian law

2020 ◽  
Vol 92 (3) ◽  
pp. 430-457
Author(s):  
Biljana Gavrilović
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
The People ◽  
The Subject ◽  
The Many ◽  
Kingdom Of Yugoslavia ◽  
Civil Procedures

The subject of this analysis are the mechanisms of possession according to the Serbian Civil Code and the Code of Civil Procedure from 1929, during the period between 1844 and 1941. The development of the protection of possession during this period is mostly reflected in the fact that possession in the Principality of Serbia and the Kingdom of Serbia was protected, first of all, by means of criminal justice, while in the Kingdom of Yugoslavia, this role was played by civil law. Although possession and its protection in the Principality of Serbia and the Kingdom of Serbia were also regulated by civil-law norms, the people were still relying on the criminal justice system to get protection. Beside the many ambiguities in the Serbian Civil Code related to it, the protection of possession was not regulated separately from standard civil procedures in the Code of Civil Procedure from 1865. Thus, only when the Yugoslav Code of Civil Procedure went into effect did possession get proper, civil-law protection on the territory of Serbia.

Coming of Age in Iran

2020 ◽  
Author(s):  
Manata Hashemi
Keyword(s):  
Social Practice ◽  
Coming Of Age ◽  
Participant Observation ◽  
Lower Class ◽  
Moral Norms ◽  
Islamic Republic ◽  
The Face ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Class Youth

The subject of intense media scrutiny, young men and women in the Islamic Republic of Iran have long been characterized as walking rebels—a frustrated, alienated generation devoid of hope and prone to oppositional practices. Coming of Age in Iran challenges these homogenizing depictions through vivid ethnographic portraits of a group of resilient lower-class youth in Iran: the face-savers. Through participant observation and interviews, the book reveals how conformism to moral norms becomes these young people’s ticket to social mobility. By developing a public face admired by those with the power and resources to transform their lives, face-savers both contest and reproduce systems of stratification within their communities. Examining the rules of the face game, Coming of Age in Iranshows how social practice is collectively judged, revealing the embedded moral ideologies that give shape to socioeconomic change in contexts all too often understood in terms of repression and resistance.

scholarly journals The Nullity of Non-Remarriage Condition in the Legal Mind and Judicial Decisions of the Islamic Republic of Iran Civil Law

2016 ◽  
Vol 10 (1) ◽  
pp. 127
Author(s):  
Ebrahim Taghizadeh ◽  
Seyed Ali Tabatabaee Far
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Analytical Method ◽  
Civil Law ◽  
Family Court ◽  
Legal Analysis ◽  
Islamic Republic ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Islamic Republic Of Iran

This study investigates the validity of man non-remarriage condition in Iran Civil law by using the judicial and legal analysis in descriptive and analytical method. The purpose of this study is to resolve some of the ambiguities surrounding this condition of the marriage document that can be used for the Bureau of family Court, lawyers, and other legal entities. Our survey shows that although there is no clear wording of the law in the Iran legal system. According to the judicial decisions and some of the Articles such as 959 and 942 in Civil law and the 1201/7 vote of the Supreme Court, it seems that non-remarriage condition in Iran Civil law is considered as instances of general negation and void, but its nullity does not impair the validity of the marriage.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

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