Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 The Effects and Features of Right (Haq) in Imamiyya Jurisprudence and Civil Code The Effects and Features of Right (Haq) in Imamiyya Jurisprudence and Civil Code 1 14 182 FA A F Journal Article 2012 07 07 Identification of the effects and features of right to distinguish between the right and other similar concepts and facilities is important. Understanding these effects as keys to identify the aspects of the other concepts are applied and it is possible that, for example, in dubious cases between the right and law (hokm), the right is clear. This is how the late Shi’ite jurists in the discussion of the right to work in the treatises, and sentences written on the right and law they have to focus on it. Shi’ite jurists famous for the right confront law, compared with three of features: 1. waiver 2. assignment 3. compulsory assignment. Some scholars attribute the obligation to deny the possibility of adding a fourth title. In this paper works these characteristics on the basis of Shi’ite jurisprudence and civil code perspective is discussed. Identification of the effects and features of right to distinguish between the right and other similar concepts and facilities is important. Understanding these effects as keys to identify the aspects of the other concepts are applied and it is possible that, for example, in dubious cases between the right and law (hokm), the right is clear. This is how the late Shi’ite jurists in the discussion of the right to work in the treatises, and sentences written on the right and law they have to focus on it. Shi’ite jurists famous for the right confront law, compared with three of features: 1. waiver 2. assignment 3. compulsory assignment. Some scholars attribute the obligation to deny the possibility of adding a fourth title. In this paper works these characteristics on the basis of Shi’ite jurisprudence and civil code perspective is discussed.

https://clk.journals.pnu.ac.ir/article_182_f8a00cfc3b3e509cdaf65afb47b60eb7.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Area Difference in Advance-Sold Buildings: The Inefficiency of General Rules In Protecting Weak Party of Contract Area Difference in Advance-Sold Buildings: The Inefficiency of General Rules In Protecting Weak Party of Contract 15 26 183 FA A T Journal Article 2012 04 30 Persons are allowed to make a contract whatsoever they want provided that it is not against mandatory rules, at the same time policy makers bear in mind protecting weak party of contract that may not become actualized in the shadow of freedom of contract. Legislator has decided to protect buyer in the Act relating to contract of short sale of a building to be erected. In these contracts the subject matter of contract does not usually exist at the time of concluding contracts and parties agree to be made it in the future. Consequently area of the erected building may differ from what was agreed. Sometime the area is more the agreed one that may be to five or more than five percent and solely advance buyer may rescind the contract in latter case. In the same manner, it is possible that the area is less than agreed one which shortage may be to five or more than five percent and only in this case advance buyer can rescind the contract. Furthermore in the case of rescission he receives the current price of building. So it can be said that legislator envisaged protecting advance buyer against vendor through enacting this act. Persons are allowed to make a contract whatsoever they want provided that it is not against mandatory rules, at the same time policy makers bear in mind protecting weak party of contract that may not become actualized in the shadow of freedom of contract. Legislator has decided to protect buyer in the Act relating to contract of short sale of a building to be erected. In these contracts the subject matter of contract does not usually exist at the time of concluding contracts and parties agree to be made it in the future. Consequently area of the erected building may differ from what was agreed. Sometime the area is more the agreed one that may be to five or more than five percent and solely advance buyer may rescind the contract in latter case. In the same manner, it is possible that the area is less than agreed one which shortage may be to five or more than five percent and only in this case advance buyer can rescind the contract. Furthermore in the case of rescission he receives the current price of building. So it can be said that legislator envisaged protecting advance buyer against vendor through enacting this act.

https://clk.journals.pnu.ac.ir/article_183_6030fbbe7d2c9e1b4d47d75bce7e7eec.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 The Study of the Necessity or Lack of the Necessity of the Essential Conditions of the Accuracy of the Contracts Considering the Terms During the Contract The Study of the Necessity or Lack of the Necessity of the Essential Conditions of the Accuracy of the Contracts Considering the Terms During the Contract 27 36 184 FA S Gh S D Journal Article 2012 07 19 The discussion of the necessity or lack of the necessity of the basic terms of the accuracy of the contracts considering the terms during the contract is the significant issue in the civil law and islamic jurisprudence of contracts. In the iranian civil law have not been mentioned the conditions of the accuracy of term clearly. Some jurists often for this reason that term is one agreement consider it necessary to be observed and on the other hand some of them believe that the said terms in the article 190 of the civil code are about the independent and main agreements and have not been accept the documentation on it unconditionally considering the terms of the contract paricularly the invalid terms have not been mentioned in the civil code and the legislator has not mentioned items such as unlawfull cause condition during the invalid terms. This research paper offers the proper answer to the said issue with the attention to the principles of the civil code about the basic and general conditions of the accuracy of the contract. By examining the said preview,we have reached the conclution that the intention, satisfaction, capacity and necessity of legality of the cause of condition is necessary like the contracts but basically considering the condition the breif information is inough. The discussion of the necessity or lack of the necessity of the basic terms of the accuracy of the contracts considering the terms during the contract is the significant issue in the civil law and islamic jurisprudence of contracts. In the iranian civil law have not been mentioned the conditions of the accuracy of term clearly. Some jurists often for this reason that term is one agreement consider it necessary to be observed and on the other hand some of them believe that the said terms in the article 190 of the civil code are about the independent and main agreements and have not been accept the documentation on it unconditionally considering the terms of the contract paricularly the invalid terms have not been mentioned in the civil code and the legislator has not mentioned items such as unlawfull cause condition during the invalid terms. This research paper offers the proper answer to the said issue with the attention to the principles of the civil code about the basic and general conditions of the accuracy of the contract. By examining the said preview,we have reached the conclution that the intention, satisfaction, capacity and necessity of legality of the cause of condition is necessary like the contracts but basically considering the condition the breif information is inough.

https://clk.journals.pnu.ac.ir/article_184_5a994e237065be8862c06cab6dc182ce.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Comparative Study of Civil Liability of Teacher Resulting from the Act of Student in French Law and Design of this Liability in Iranian Law Comparative Study of Civil Liability of Teacher Resulting from the Act of Student in French Law and Design of this Liability in Iranian Law 37 47 185 FA A Y Journal Article 2012 06 20 Nowadays the damages arrived on students and resulting from the students is immense that in some of the country ,the section of tort law in title of thelearning events is for this damages that the grand section of this damages resulting from the faulte of teacher.In the civil code of French the civil liability of teacher is in the side of the liability of the parents.In civil law of iran there is no regulations for teachers liability and only the article 7 of tort law is about of the guardian that it dosent cover the teachers liability.Because the teachers liability is more than the regulations of the article 7 .In dispite of the silence of civil law there is this liability in Islamic jurisprudence.there is interesting regulations in French law about the domain of civil liability of teacher and parents and state and there is more evolution that comprativly is be studied in this article. Nowadays the damages arrived on students and resulting from the students is immense that in some of the country ,the section of tort law in title of thelearning events is for this damages that the grand section of this damages resulting from the faulte of teacher.In the civil code of French the civil liability of teacher is in the side of the liability of the parents.In civil law of iran there is no regulations for teachers liability and only the article 7 of tort law is about of the guardian that it dosent cover the teachers liability.Because the teachers liability is more than the regulations of the article 7 .In dispite of the silence of civil law there is this liability in Islamic jurisprudence.there is interesting regulations in French law about the domain of civil liability of teacher and parents and state and there is more evolution that comprativly is be studied in this article.

https://clk.journals.pnu.ac.ir/article_185_18b90c8e478f2e38510e8d139dc50541.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 The Nature and Effects of Pu native Damages in Common Law The Nature and Effects of Pu native Damages in Common Law 49 60 186 FA E T A Kh M M Journal Article 2012 06 09 The punitive, or exemplary, damages are the kind of damages that the defendant should pay for his wrong behavior. At first this kind of damages was paid in common law and especially in England. One of the basic purposes from punitive damages is deterrence the people in the society from intentional damages but some critics amount to some restrictions in this kind of damages. Punitive damage is a powerful civil sanction and is different from punishment. Punitive damages are discussing in tort law but this kind of damages can be used in contract law. The amount of punitive damages should be determined with the court under the surrounding circumstances but sometimes there are some restrictions in some Acts. In some countries, they accept the insurability of punitive damages but we should know that the insurance of punitive damages is contrary with its purposes. The punitive, or exemplary, damages are the kind of damages that the defendant should pay for his wrong behavior. At first this kind of damages was paid in common law and especially in England. One of the basic purposes from punitive damages is deterrence the people in the society from intentional damages but some critics amount to some restrictions in this kind of damages. Punitive damage is a powerful civil sanction and is different from punishment. Punitive damages are discussing in tort law but this kind of damages can be used in contract law. The amount of punitive damages should be determined with the court under the surrounding circumstances but sometimes there are some restrictions in some Acts. In some countries, they accept the insurability of punitive damages but we should know that the insurance of punitive damages is contrary with its purposes.

https://clk.journals.pnu.ac.ir/article_186_dfbf5d3cd78b480756bbeaf2a06b5f99.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Principles and Scope of the Provide Information Obligation to Consumer of Goods Principles and Scope of the Provide Information Obligation to Consumer of Goods 61 74 187 FA J S Y E Journal Article 2012 05 10 Consumer rights and the need to protect it, is one of the common issues of law and economic sciences. If you do not come to the comprehensive protection of consumers against producers, they are at risk. Because there are currently complicated goods enter the market that use of that needs specialty or requires observing instructions that producers should be available to consumers. On the other hand, many of the goods produced at inside and abroad, and be market, not standard in terms of quality and safety standards and not only cause financial loss, but also the loss of life of consumers in few times. Even standard items may be inherently dangerous or dangerous side effects to be followed. The protection of consumers is subject to their rights. These rights include such a component that can be used right to know the information for the products noted. But having the information about the goods is one of the issues and new requirements of production and consumption, based on his principles and special realm, is the subject of this article. Consumer rights and the need to protect it, is one of the common issues of law and economic sciences. If you do not come to the comprehensive protection of consumers against producers, they are at risk. Because there are currently complicated goods enter the market that use of that needs specialty or requires observing instructions that producers should be available to consumers. On the other hand, many of the goods produced at inside and abroad, and be market, not standard in terms of quality and safety standards and not only cause financial loss, but also the loss of life of consumers in few times. Even standard items may be inherently dangerous or dangerous side effects to be followed. The protection of consumers is subject to their rights. These rights include such a component that can be used right to know the information for the products noted. But having the information about the goods is one of the issues and new requirements of production and consumption, based on his principles and special realm, is the subject of this article.

https://clk.journals.pnu.ac.ir/article_187_bd9f77e9fa3f978a17f91d6ec92e07ec.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Responsibility of Maritime Carrier Toward Passenger Under Iranian Law (With a Concise Comparative Study) Responsibility of Maritime Carrier Toward Passenger Under Iranian Law (With a Concise Comparative Study) 75 83 188 FA D A M M F M Journal Article 2012 07 01 Rapid economic growth on one side and the intensity of commercial exchanges between the countries in the midst of the past century on the other side led to the passing of Iranian Maritime Act in 1979. Nowadays, though many people travel by airplanes or cars, some other prefer to travel by ships for their own reasons. Since in such contracts the carriers are stronger than passengers, the question is that: Are the parties free to agree against the law? In other words, legally speaking, are the provisions of Maritime Act mandatory or not? If so, why and under which condition(s)? What are the available remedies for breach of contract? What is the legal basis and scope of carrier responsibility? Is the available provision suffice to meet the needs and to what extent Iranian provisions correspond to the international rules and conventions? The basis of study is Iranian Law. Rapid economic growth on one side and the intensity of commercial exchanges between the countries in the midst of the past century on the other side led to the passing of Iranian Maritime Act in 1979. Nowadays, though many people travel by airplanes or cars, some other prefer to travel by ships for their own reasons. Since in such contracts the carriers are stronger than passengers, the question is that: Are the parties free to agree against the law? In other words, legally speaking, are the provisions of Maritime Act mandatory or not? If so, why and under which condition(s)? What are the available remedies for breach of contract? What is the legal basis and scope of carrier responsibility? Is the available provision suffice to meet the needs and to what extent Iranian provisions correspond to the international rules and conventions? The basis of study is Iranian Law.

https://clk.journals.pnu.ac.ir/article_188_1b2956ec2fb07d347ef3df75c011cdd2.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 The Method of Formation of Electronic Contracts And It's Characters The Method of Formation of Electronic Contracts And It's Characters 85 98 189 FA M M Journal Article 2012 02 28 Electronic environment through the internet is most modern field for e-contracts. Electronic contracts in relation to credit, and assimilation with the rules and regulations regarding civil rights agreements depends to structure forms. A “e-contracts” topic is new and works to identify and review the legal relations arising from the electronic forms of communication technology concepts. Special features of electronic contracts and agreements to this effect on the nature of electronic attributes as well as legal aspects of transactions and general compatibility rules and regulations of civil rights and obligations of the contract on electronic trading of the major goals of releated article. Electronic contracts, essentially not different with other traditional of the contracts. However, the electronic environment has new concepts and features that to be effected the forms of contract is given. Considering this issue, we can say that the form and structure of the technical characteristics of the electronic environment, modern and extensive development in various aspects of contract law has created the potential implications on the nature of the legal side of contracts will be affected. Electronic environment through the internet is most modern field for e-contracts. Electronic contracts in relation to credit, and assimilation with the rules and regulations regarding civil rights agreements depends to structure forms. A “e-contracts” topic is new and works to identify and review the legal relations arising from the electronic forms of communication technology concepts. Special features of electronic contracts and agreements to this effect on the nature of electronic attributes as well as legal aspects of transactions and general compatibility rules and regulations of civil rights and obligations of the contract on electronic trading of the major goals of releated article. Electronic contracts, essentially not different with other traditional of the contracts. However, the electronic environment has new concepts and features that to be effected the forms of contract is given. Considering this issue, we can say that the form and structure of the technical characteristics of the electronic environment, modern and extensive development in various aspects of contract law has created the potential implications on the nature of the legal side of contracts will be affected.

https://clk.journals.pnu.ac.ir/article_189_ae9d47239590e52008b3d90d7700d2f2.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Anti cipator Breach of Contract in Iranian Law: A Comparative Study on the UN Convention on Contracts for International Sale of Goods (1980) and Foreign Legal System Anti cipator Breach of Contract in Iranian Law: A Comparative Study on the UN Convention on Contracts for International Sale of Goods (1980) and Foreign Legal System 99 113 190 FA M K M R Journal Article 2012 06 22 Resorting to remedies of contract usually propound when the due date arrives and promisor doesn’t perform his obligations and the actual breach of contract occurs. It is also possible, prior to the date for performance of obligation, one of the parties by his statements, actions or circumstances leads another party to reasonably conclude that the promisor can’t perform his obligation in due time. In this case “that is named anticipatory breach of contract“ the question is whether the promisee can be resorted to remedies for breach of contract (suspension or termination of contract) or be obliged to wait until the time for performance arrives. Although the doctrine of anticipatory breach of contract is a well established theory in the common law (Britain and the United States of America) and also is recognized in the international provisions particularly in vienna convention on international sale of goods and some of the civil law countries (Germany, Italy,…), but this theory isn’t considered in Iranian law and there isn’t specific article allocated to it. In this article has tried to be clear the Iranian law position in this regard with comparative study. Resorting to remedies of contract usually propound when the due date arrives and promisor doesn’t perform his obligations and the actual breach of contract occurs. It is also possible, prior to the date for performance of obligation, one of the parties by his statements, actions or circumstances leads another party to reasonably conclude that the promisor can’t perform his obligation in due time. In this case “that is named anticipatory breach of contract“ the question is whether the promisee can be resorted to remedies for breach of contract (suspension or termination of contract) or be obliged to wait until the time for performance arrives. Although the doctrine of anticipatory breach of contract is a well established theory in the common law (Britain and the United States of America) and also is recognized in the international provisions particularly in vienna convention on international sale of goods and some of the civil law countries (Germany, Italy,…), but this theory isn’t considered in Iranian law and there isn’t specific article allocated to it. In this article has tried to be clear the Iranian law position in this regard with comparative study.

https://clk.journals.pnu.ac.ir/article_190_ca1380d0185ee58537fbddaa2cc4b776.pdf

Payame Noor University Civil Law Knowledge 2322-1712 1 1 2012 09 20 Sub Agency (Comparative Study in the Islamic Law, Iran and England Law) Sub Agency (Comparative Study in the Islamic Law, Iran and England Law) 115 129 191 FA M E M M Journal Article 2012 05 27 Delegation by the agent has two main types: 1-delegation to the third party, so that in time of delegation to the agent also is give to him express or implicit permission to could delegate to another for the implementation of the subject matter of agency. in this case, the first agent do not deleted from the relationship and as occasion, death or incapacity of him do not effect on the sub agency.2-conferment of agency that ended to transferring of agency to third party and as a result, the first agent deleted from relationship and death or incapacity of him would not effect on sub agency. The present article, allocated to the first type. The authors would try in this article with comparative view on Islamic law, statute, and England law, would study and analyze the concept, bases and nature of delegation to the third party, position of sub agent in relationship with first and sub agent, its results and extents of the powers of agents. Delegation by the agent has two main types: 1-delegation to the third party, so that in time of delegation to the agent also is give to him express or implicit permission to could delegate to another for the implementation of the subject matter of agency. in this case, the first agent do not deleted from the relationship and as occasion, death or incapacity of him do not effect on the sub agency.2-conferment of agency that ended to transferring of agency to third party and as a result, the first agent deleted from relationship and death or incapacity of him would not effect on sub agency. The present article, allocated to the first type. The authors would try in this article with comparative view on Islamic law, statute, and England law, would study and analyze the concept, bases and nature of delegation to the third party, position of sub agent in relationship with first and sub agent, its results and extents of the powers of agents.

https://clk.journals.pnu.ac.ir/article_191_bbe63e1ae620793708320d13e22078b1.pdf