فصلنامه حقوق اسلامی
سال پانزدهم شماره 3 (پیاپی 58، پاییز 1397)

The Utility is main element of the exchange value in a contract. The measure of this value, is satisfaction of a situation arising from the balance resulting from the implementation of their obligations and preferences based on the other party. Balance in value of consideration, ownership to ownership, delivery to delivery and balance of rights and obligations of the parties in the commutative contract based on utility, it would result in commutative justice. The two ideals of " Self- Legislation ", namely the emergence of free and informed will and "Reciprocity" to the benefit of mutual benefit will be realized in moral contract. Measurement of commutative justice based on utility by personal criteria and attention to individual identity is more appropriate, because of his co-ordination and his perceptible relationship with the act of committing himself and his rational choice. Adjusting of contract in line with the fulfillment of contractual preference, is a means to restoration of distorted commutative justice. Efficient breach with efficiency criteria of Pareto or Kaldor- Hicks, depends on establish the commutative justice with the view of the party concerned about the utility of the breach of the obligation.

At the process of the conclusion of the contract, the declaration of intention is usually made in the status words, but the parties may choose the words in the contract that contradict with the appearance of contract, but the other contract in the contract of void have. In this regard, some Arab countries with the pursuant of Germany legal system accepted the concept of transformation of contract. The main challenge of this theory is how may be intended a contract with words of a specific contract. This theory is based on the principle of the authenticity of the contract, the need to pay attention to the meanings of contract and goals of the parties and to support the theory of reliance. In fact, for the purpose of concluding a contract, the main element is the parties' of actual intention and the words used by them must be interpreted in accordance with it. In this conditions the second contract can regarded as a valid one.

The achievements of the legal system of the Islamic Republic of Iran were that in the text of the constitution, the rights of the nation and its revival were explicitly mentioned in terms of words and expressions. Specifically, the judiciary as one of its key responsibilities is to support individual rights and restore public rights, so that any device that does not fulfill its obligations to citizens and causes Violations or shortcomings in the provision of their rights, judicial review should be applied to revive the rights of the deceased or rights that they are not sufficiently, effectively and timely to take, and with judicial remedies, compensate and protect Provide. As a consequence of this judicial review, people will feel the sense of justice and trust in the judiciary, which has also been repeatedly referred to by the judiciary, and it seems that demanding a radical change in the system of norms and structures for the revival of citizenship, the requirements of this revival, and Evolution So, in this article, the main question is: "What normative-structural model of the judiciary can lead to reviving the rights of the nation (the public) in the legal system of the Islamic Republic of Iran?" To answer this question, while analyzing the experience of the norms of the field of human rights in the nation and the public, we examine the effectiveness of existing structures in this field and the need for them to evolve during documentary and field studies.

Based on article 143 of Islamic Punishment Law (2013), if committed crimes by legal persons’ representatives are in name or benefit of such persons, penal responsibility should be considered. Article 14 of law has admired conviction of legal persons to pay blood-money and compensation by causality relationship between behavior and posed damages. However, whether Hadd crimes committed by legal person’s representatives can be designated to such legal person, is the greatest challenge of article on assigning crime to legal persons. Argument by article 143, and the special nature and features of Hadd crimes, has yielded to disputes among jurists. Some believe assigning Hadd crimes to legal persons is absolutely unacceptable while by referring to this article, others have accepted assigning such crimes to natural persons. Research findings indicate that one should divide Hadd crimes to two categories namely those Hadd crimes that are or are not assignable to a person. The first group crimes cannot be assigned to a legal person while it is possible to assign the second group crimes to legal persons.

Concerning issues such as protection of natural resources and environment, security, observance of intellectual property and citizens' objective property, profession issue, and maximum use of Iran's capacity and other cases, citizenship rights has common ground with oil and gas laws, which in a way is taken into consideration in rules related to oil and gas contracts. This research deals with common issues, whose correlation will get visible in a way that society members get informed and ground will be prepared for planning by authorities and also our government's international stand towards these common human subjects will be specified. The humanities and interdisciplinary studies of the four-discipline of science, which puts the various dimensions of many of the issues in the hands of researchers, planners, and implementers.

In differential criminal policy, a different response to crimes or offenders is anticipated. The legitimacy of this policy in the Imāmī jurisprudential system requires recounting the jurisprudential justification. In the written and written tradition of Amir al-Momenin Ali (as), in particular Malek Ashtar's treaty, there are different approaches to the crimes of property and white collar comparing to the crimes of ordinary people, which suggests a different criminal policy towards the perpetrators. However, the use of the Malik's treatise in the jurisprudential deductions of disbelief is observed, and the main reason for this is the fact that the Nahj al-Balagh and the treaties are linked to the weakness of the document and the narration of the words of Imam Ali (AS) in this noble book. This paper examines the credibility of the treaty and the responses to the textual doubts, the Sindhi and the Rijal Dynasty, which finds that the letter 53 of Imam Ali (as) has a solid and reliable legal doctrine in compiling a constitutional criminal law.

Today, civil liability is accepted for natural and legal persons of private law, but civil responsibility arising from the practice of the state in the general sense is considered as a new topic in public law. The most fundamental issue in the field of civil responsibility is the basis of civil responsibility, based on philosophical ideas and ideas, as well as the extent of the development and progress of culture and the dominance of a political system. In terms of theoretical foundations, many philosophical ideas and ideas have been opposed to the principle of civil responsibility of the state, or they have no clear position. In the legal system of the Islamic Republic of Iran, the civil liability of the state is not raised as a theory, and there is no general rule of necessity for compensation. However, the transparency of the law on the rights of the state must be clear, to clarify the civil liability of the state, so that citizens can enforce their citizenship rights by relying on those laws.