Scientific Research
heydare amirpour
Volume 7, Issue 1 , December 2018, Pages 11-20
Abstract
Islamic insurance (Takaful) is distributing common responsibility of the insured via establishing mutual funds and refraining from any kinds of risk in investment. In this kind of insurance, increasing individuals’ mental safety than property and life health and their activity in comparison with ...
Read More
Islamic insurance (Takaful) is distributing common responsibility of the insured via establishing mutual funds and refraining from any kinds of risk in investment. In this kind of insurance, increasing individuals’ mental safety than property and life health and their activity in comparison with danger arising from detriment is accompanied by members’ cooperation to realization of public’s interest. It is different from partnership and mudarabah contracts in terms of risk management and preminence of cooperation and reinforcing fraternity relationship among individuals than a mere economic and monetizing approach. Its main difference with legal relations of donation and liability is in investment. Risk management, parties’ usufruct, optimal partnership in investment and economic growth, reinforcing responsibility spirit and increasing mental safety are of the most important advantages of Islamic insurance than other current insurance. rom Islamic perspective, legitimacy of this insurance can be studied byconcepts of “pacta sunt servanda”, “Allah has permitted trade”, business by mutual consent, “ Al-momenoon end-e shorotehem (Muslims are bound to their obligations), bin al-uqal (the conduct of the wise), and exchange permission principle, also based on liberty principle, non-limitative contracts in positive law and credit of common innominate contracts in common law. Besides studying concept of Islamic Insurance (Takaful) and its advantages, this descriptive-analytical study aims at analyzing Takaful legitimacy in jurisprudence and positive law and explains similar contracts.
Scientific Research
mohamad rasol ahangaran
Volume 7, Issue 1 , December 2018, Pages 21-34
Abstract
The principle of public order to prove the authenticity of what is meant to be is meant to be a judgment on the situation and documenting the works of tertb, aqlast to سیرۀ implies current; the principle of accuracy in the application of Iranian legislators accepted موضوعیه article 223 of ...
Read More
The principle of public order to prove the authenticity of what is meant to be is meant to be a judgment on the situation and documenting the works of tertb, aqlast to سیرۀ implies current; the principle of accuracy in the application of Iranian legislators accepted موضوعیه article 223 of the civil law, but its flow is located has not been determined what is inherent, hence the need to see whether this principle only In the event this contract the parties being Muslim? Does this principle of duct, after obtaining knowledge of the parties of the contract terms are valid? Whether the condition for the flow of this principle, after achieving the capacity and the motive of استیفاءin the party to a contract? Possible answers to the questions of the time will be possible for the principle of juridical authenticity of the documentary that is specified, and only in this case the possibility to determine the scope of the different directions; the importance of the subject of the present discussion separate from it for that if the opportunity is not determined on the basis of current conditions existed, according to the Explain the law of this. spect, fitted in a taste run action resulting in تطبیقات of the framework will be based on the outside.
Scientific Research
mahmood bagheri; sadeghe abdi; nasime barkhi
Volume 7, Issue 1 , December 2018, Pages 35-48
Abstract
development Therefore,the stability of the banking system can have an important role in economic stability.For this reason, some countries have introduced deposit insurance system.Deposit insurance is a form of government mechanisms to enhance the internal security of the banking system has been used ...
Read More
development Therefore,the stability of the banking system can have an important role in economic stability.For this reason, some countries have introduced deposit insurance system.Deposit insurance is a form of government mechanisms to enhance the internal security of the banking system has been used and as well as for the protection of small depositors when banks used bankruptcy.In this article, deposit insurance, global experience in the field of deposit insurance and common practices as Overview.Then importance in the functioning of the banking system's deposit insurance system requirements and prerequisites that have been mentioned.Finally, the question is who is responsible for the insurance of deposits in Iran and what is the current situation in Iran?
Scientific Research
reza khosnodi; seyed ali reza shokohiyan; reza alipour
Volume 7, Issue 1 , December 2018, Pages 49-62
Abstract
In the field of competition law, concept and range of loss can analys with different views. One of this views is that damages should be arise from anti-competitive conduct. Next one is the range of the compensable damages, which is very important; because occurs in the context of market. Nevertheless, ...
Read More
In the field of competition law, concept and range of loss can analys with different views. One of this views is that damages should be arise from anti-competitive conduct. Next one is the range of the compensable damages, which is very important; because occurs in the context of market. Nevertheless, with theoretical view and the basis of general principle, all of the damages should be compensated, but it is not completely observed in practice and some of losses remain uncompensated; whether because their occurance context or some prevents or exemptions that arises from regulations and competition policies. Moreover, separation of direct losses from indirect losses and situation of victim, plays an important role in determination of compensable losses range. Also, in analyzing the losses that arises from anti-competitive conducts, judge should apply the approach that is more compatible with actual position and can determins the range of related market and consequently the losses which occured; because we deal with market in competition law. Then, for analyzing the related markets, it is necessary to pay attention to »related product market«, »geographic market« and »temporal market«. Moreover, in analyzing the losses, it is necessary to spend more attention to traditional approaches like»before-and-after approach«and» yardstick or benchmark approach«and new approaches like »comparator-based approach«, »financial-analysis based approach«and»market-structure-based approach«.
Scientific Research
abas karimi; mohamad sadeghi
Volume 7, Issue 1 , December 2018, Pages 63-78
Abstract
As a result of the implementation of civil-law contracts with securities transactions, it is hardly possible to carry out all the civil and civil rights treaties. For example, one of the key issues regarding stock trades should be considered in terms of procedures and interpreted the effects of the transaction. ...
Read More
As a result of the implementation of civil-law contracts with securities transactions, it is hardly possible to carry out all the civil and civil rights treaties. For example, one of the key issues regarding stock trades should be considered in terms of procedures and interpreted the effects of the transaction. In addition, the mere failure to comply with procedural rules cannot be considered as a license to enforce traditional civil rights performances, since in this area there is a prevailing principle that must be considered, The present paper, taking into account one of the important judgments of the arbitration board of securities and exchange organization to announcing the failurerealization of the transaction, while outlining the nature of the procedures in the stock exchange, has analyzed some of the important issues of arbitration board voting and, ultimately, due to the existence of general aspects of the law in transactions Securities have the basis for adopting the mentioned prosecution with gaps, such as the loss of security and trust in the market and the neglect of pragmatism in these transactions. If this is the case, due diligence on this matter, the arbitral tribunal’s procedures can deal with a lot of issues in the field of securities and securities. It secures the silence of the municipality.
Scientific Research
mohamade golamalizade; mohsen solimani
Volume 7, Issue 1 , December 2018, Pages 79-88
Abstract
Islamic jurists are agreed about selling the object of lease to lessee is valid are effective. But they are not agreed about retention of lease contract after transferring the object of lease to the lessee. Transferring acts of lessor are approved by articles 498 and 604 in Iran and Egyptian civil law. ...
Read More
Islamic jurists are agreed about selling the object of lease to lessee is valid are effective. But they are not agreed about retention of lease contract after transferring the object of lease to the lessee. Transferring acts of lessor are approved by articles 498 and 604 in Iran and Egyptian civil law. But these articles did not mention about transferring the object of lease to the lessee himself/herself. Despite this in Egyptian civil law transferring the object of lease to the lessee himself/herself results in dissolution of the lease contract. In contrast, in Iranian law retention or dissolution of the lease contract is conceivable.
Scientific Research
rahime ghorbani; amir hamze salarzaei; mohamad reza kikha
Volume 7, Issue 1 , December 2018, Pages 89-98
Abstract
AbstractThe right to imprisonment in the Islamic legal system is one of the benefits and guarantees of the financial performance of the wife as woman gives the right to refuse to perform her duties against her husband to make the couple, with the right to maintenance, to give her the dishonorable dowry ...
Read More
AbstractThe right to imprisonment in the Islamic legal system is one of the benefits and guarantees of the financial performance of the wife as woman gives the right to refuse to perform her duties against her husband to make the couple, with the right to maintenance, to give her the dishonorable dowry to him.The provisions of Article 1085 apply to this guarantee, but this article faces challenges that present paper seeks to examine.One of challenges is that when divorces are sometimes astronomical and out of pocket capacity, the exercise of this right confronts the basis of marriage and family formation with irreparable impulses.and it actually leads to harm and harm, which undoubtedly causes these two rules to violate the original rules and rules on the part of the ruling and causeWith the payment of the first installment in heavy and out-of-pocket dowry, the wife is condemned to give up from her husband.The necessity of this discussion is that it is very difficult in our age that marriage and family formation are difficult and it is necessary to analyze and harmonize the rules to facilitate the formation of the holy system of the family as much as possible, and to provide for consolidation which will be necessary and God-friendly Was.The research type is descriptive-analytical, and result of the Article 1085 binding on the non-compliance of the wife and the condition of the power of payment by the couple is the couple, otherwise the wife's refusal to perform his duties becomes illegal.
Scientific Research
mohamade mazhari; sommayeh marandi
Volume 7, Issue 1 , December 2018, Pages 99-111
Abstract
AbstractThe competence and the capacity are two important keys in classical branches of law hence public law and private law that have many functions. The distinction between the competence in public law and the capacity in private law is related primarily to classic distinguish between public law and ...
Read More
AbstractThe competence and the capacity are two important keys in classical branches of law hence public law and private law that have many functions. The distinction between the competence in public law and the capacity in private law is related primarily to classic distinguish between public law and private law. To understanding the nature of the competence is involved factors such as the rule of law, the limitation of power, the classification of legal norms and the administrative and the regulatory- organizational hierarchy, Therefore, by this distinction, is stems results including the being right of the capacity and the obligatory of the competence. Therefore, the purpose of the lack of capacity is the individual interests and the purpose of the lack of competence, is the public interest. This distinction between the capacity and the competence is bring to specific legal effects. In other words, is caused distinction in monitoring between the capacity and the competence. The other legal effects resulting from the recent distinction, the difference in the reference procedure between the capacity and the competence, because the scope of the competence claims may be constitutional or administrative proceedings so they have a different reference compared with the capacity claims that proceed in General Courts, are processed to the Court of Administrative Justice.
