نشریه آراء
سال دوم شماره 11 (زمستان 1397)

The financial relations of married couples in Islam are based on the principle of property independence. According to Article 1118 of the Civil Code, "A woman can independently hold in her property what she wants to do" and the husband does not have the right to manage, superintend, or supervise the property of the wife. One of the important financial effects of the marriage contract in the legal system of Iran, which is considered as the wife's financial rights and her most important religious and legal right, and is created by the marriage contract, is the marriage portion". Claiming the marriage portion by the wife is sometimes at the time of marriage, or at the time of the dissolution of the marriage contract, and relative to the above conditions, applying of the obligation of the husband and the entitlement of the wife of which has different effects. Considering that the civil law expresses some of these effects, in accordance with the Imamite jurisprudence, but it is silent on some of its other effects. Considering that, in accordance with Article 3 of the Civil Procedure Law, "judges of the courts are required to comply with applicable laws, issue an appropriate sentence, or terminate the hostility. If the laws are not complete or explicit, or if they are contradictory or there is no law in the said case, they may issue a ruling on the basis of authentic Islamic sources, valid adjudications or legal principles that are not in contravention of religious laws, and as a silent excuse, or imperfection or the conflict of laws, they cannot refuse to process a lawsuit to issue a ruling. Otherwise, they will be recognized as the one to refuse providing the rights and will be condemned to the required punishment". Therefore, it is tried in this article to express the viewpoint of jurisprudence and civil law on various forms of the marriage portion.

Considering the fact that there has been a lot of discussions and discussions with the early and final jurists such as Shi'a and Sunnis regarding the necessity of the issue, the position of the cucumber discussion as one of the exceptions to this principle can be a special place. And the acknowledgment of the authenticity of the hadith from the Prophet of Islam (PBUH), known as "Al-Bayan Balkhir, even Yatrafeh", by all the jurisprudents, and the refusal of the parliamentary cucumber or its attachment to some of the constitutions, has increased the importance of investigating the issue. In Iran's civil code, a matter has been assigned to the cucumber, which is also very vague. In this paper, the cucumber of the Majles in Shiite jurisprudence, public jurisprudence and in terms of Iranian law has been analyzed. This article is presented in three sections; in the first section, the cucumber is considered by the broad and dynamic Shiite jurisprudence and in the second section, this jurisprudence is studied in the jurisprudence of the religions of Arbia. Finally, in terms of civil rights of Iran, the issue is discussed in The third part will be evaluated. For the purpose of this article, more than 100 jurisprudential sources and legal books have been studied and they have been studied. What is more important and less important in legal writings is the observance of which is extracted from jurisprudential books and repeatedly repeated. Which has often been considered in jurisprudential books. Considering that the present essay is based solely on the book or the name of the professor, based on the book of Makbas Sheikh Al-Adam, Professor Sheikh Ansari, as the base text set to prevent repetition.

The age of the growth and criminal responsibility of children and adolescents is one of the important and challenging issues in Iran and other countries' criminal law, which has been criticized and protest by lawyers and is a matter of dispute between Islamic jurisprudents. This age, often referred to as puberty, varies from country to country. In Iranian penal codes, this age is influenced by Imamieh jurisprudence; according to most Shiite jurisprudents, this age is for girls nine and for lonely fifteen years, but in Article 91 Alongside growth, the courage of intellectuals under the age of 18 has been voiced in civilian civic debate among adolescents, which has marked a dramatic development in juvenile criminal responsibility, which in terms of recognition of the growth and perfection of criminals under the age of 18 years of jurisprudence has it. Therefore, the present research first explains the concept of growth and its similar concepts, namely, perfection and distinction, and it is proved that in the legal and juridical terms, growth is not exclusively devoted to a specific civil concept and can be generalized to non-financial issues, including criminal matters Also because criminal matters are far more important than finance, and the condition is first and foremost, or at least the unity of the criterion and place of spatial planning, in terms of criminal responsibility. For this claim, the precedence of precedence in the growth problem is cited and then explained to the term "perfection", and by comparative study of the subject of age, development, perfection and criminal responsibility from the point of view of jurisprudence, rights and critique of existing laws, suggestions The age of criminal responsibility for children is proportionate to their rational development and their differentiation, and it is therefore necessary to review the age of criminal responsibility of adolescents and adopt a single procedure.

The goodwill and the right business or profession or trade, of legal common topic of rights is the history of the last few decades simply ends and the jurisprudence of emerging issues and considered. That the unity or duality of both doctrine and jurisprudence in there and it seems that this is due to the lack of explanation of the legal nature of this right. Although jurisprudence and legal resources, more or less about these two theories have been proposed, according to evolution rules and evolving attitudes Landlord and Tenant legislation In this case and different views on this issue remains to be seen is the car space also, because the issue of goodwill and businesses to trade and its consequences have been less studied and economic and social matters and the matters relating to the jurisdiction of the courts of the current public and opinions of the courts and procedures in case of very different and in this regard has caused so many problems in the study were motivated selection And tried to investigate the problems in different ways and different opinions arrest and detention and auction sales of goodwill and the businesses investigated. In this paper, analytical approach to explore the topic of the rights established in the law and jurisprudence discussed and the similarities and differences of these two words, we try to explain the legal nature of these two rights. It also examines its wealth and its position in the division of movable and immovable property described above. Third ˝brrsy legal theories and practices are discussed and analyzed. Also, due process and the principles of seizure and sale of both the right to consider the bid. The method used to collect data in this thesis is a descriptive analysis and library computers have been used in the articles. In addition, we have tried to study jurisprudence and legal texts, as well as civil law and civil law enforcement experience jurisdictional colleagues also used After researching and exploring and extracting results showed both the right to classify rights (rights), are entitled to financial and economic and ratable value for money and portability are both right, of course.

Business transactions and exchanges take place following modernity and post-modernity standards in the modern world. This necessitates that business transactions and contracts be made in accordance with the law. The purpose followed by studying these principles and regulations is to secure these transactions. One of the most important instruments of guarantying in the modern business world and rules and regulations governing it, is independent bank guarantees. In order to study and to find out the legal nature of the bank guarantees using the available opinions, interpretations and analyses, we seek to perform a comprehensive study of these definitions and to study the features and for the practicality of them in a way that provide confidence for the businesspersons with respect to laws governing them, in particular to provide a conceptual and legal analysis of the research subject matter. Before the revolution, Iran took significant steps toward alignment with the free trade and competitive economy patterns.  However, due to post-revolution developments and interruptions resulting from the governance shift, and subsequent resumption , unfortunately this trend was slowed down. Recently, due to the need for coordination of business transactions, whether internal or international we have to accept and adapt the rules and regulations governing these transactions in the Iranian law. The legal gap that is the result of lack of a uniform definition of the banking relations has been noticed by legists who are active in commercial law, to the extent that the legislator has for the first time opened a new chapter under Independent Guarantee in Article 31 of the corresponding chapter.