عبدالله کیایی

Today, the disputes over the sale of buildings and apartment units before construction are one of the most common problems in society, which relates to pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to the unstable economic conditions at the present time, is one of major reasons for the increased number of disputes and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances which are beyond the control of the contracting parties, many of the contractual and non-contractual issues, due to the multi-dimensional complexity of the pre-sale contracts, cause the disputes between the contracting parties in fulfilling the obligations of such contracts. This paper aims to identify and assess the major factors that cause disputes in contracts related to immovable assets (in general) and pre-sale contracts (in particular).Furthermore, a number of solutions are proposed to prevent disputes in pre-sale contracts. Formal registration of the pre-sale contracts of buildings seems to be one of the most significant solutions. In general, this paper uses a descriptive-analytical research method to identify the causes of the disputes and presents some solutions to prevent such disputes, regardless of the type and nature of pre-sale contracts

Nowadays, disputes in the sale of buildings and apartment units before construction is one of the common problems in society, which depends on pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to today's unstable economic conditions, is one of the important reasons for the many differences and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances beyond the control of the parties, many contractual and non-contractual issues, due to the multidimensional complexity of pre-sale contracts, cause the parties to differ in fulfilling the obligations of such contracts. In this study, the factors that cause differences in real estate contracts (in general) and pre-sale contracts (in particular) are investigated. The government and especially the document registration organization can reduce the number of lawsuits in this area by applying appropriate regulations in various areas such as pre-sale registration, adequate awareness, and implementation of the cadastral plan. Radameh also offers solutions to prevent disputes in building pre-sale contracts, which seems to be one of the most important solutions for the official registration of building pre-sale contracts. In general, in this study, regardless of the type and nature of pre-sale contracts, in a descriptive-analytical manner to identify the causes of disputes with the origin of the administrative system and ways to prevent these disputes from the perspective of administrative law.

Moral damage in various legal systems, despite the many accepted challenges of Iranian law, is no exception to this rule. The importance of this type of damage is due to its social effects through its effect on the human psyche. Violation of an obligation, or the occurrence of a crime, has such a profound effect on the social life of individuals. The result can be seen in relationships and interactions with others or other social interactions. Since maintaining the dignity of human beings and fulfilling the covenant, is one of the religious teachings. Attention to compensation for this type of damage results from its foundations. The study of jurisprudential and legal sources indicates that compensation for moral damage, regardless of its origin, has rich foundations in terms of law and jurisprudence. But in practice and in the position of care, it has little attention and is a serious challenge. First, the Iranian courts do not welcome this type of damage, and the rulings are very limited. However, the same opinions have been issued after the Islamic Revolution. Secondly, after accepting this type of damage in the judiciary, it will also have problems in the position of compensation and evaluation. In this article, while stating the legal and jurisprudential principles and social consequences of moral damages, a solution is presented for both challenges.

The differences between the Iranian and British legal systems in contravention of contractual obligations is the requirement to fulfill obligations in Iranian law and claim for damages in British law. This difference has made the claim for damages in British law more systematic and specific. Therefore, if a contract is violated, the obligee and the victim of the violation cannot watch the loss, but should avoid increasing the damage.
Therefore, if the perpetrator of the damage can prove in court that the cause of the increase in damage was the result of the negligence of the injured party, this argument will be accepted. The rule of guilt of the injured party is accepted in British law and gradually in the law of France and some other countries. In this article, this issue has been examined. According to the jurisprudential principles, including the rule of action, no harm, and some legal provisions, including Article 167 of the Constitution, to what extent is the rule of guilt and mitigation of damages in violation of contractual obligations applicable in Iranian law

Identifying and enforcing the rulings on family lawsuits is very important in terms of the relationship of many of them to public order and good domestic morality.

This research is a library method.

In identifying and enforcing family judgments, in addition to the conditions set forth in the Civil Code and the Civil Judgments Enforcement Law, elements such as citizenship, the couple's residence, the marital-parental relationship, and the religion of the parties to the lawsuit play an important role. Analyzes indicate that the legislature has left significant ambiguities in this regard by delegating the enforcement of this category of judgments to the general enforcement of civil judgments, as well as the need for the judiciary to explore conflict resolution rules. However, the Family Protection Act of 2011, only for the crime committed by the notary public without the existence of enforceable sentences, has considered only a very small dimension of identification and implementation of these sentences.

In dealing with rulings in family litigation, judges should consider elements such as the nationality of each of the litigants, their marital or parental relationship, in addition to applying a limited control system; This has been challenging in some cases; Therefore, it is necessary to remove the ambiguity of the existing laws and increase the level of awareness of judges on how to deal with such rulings.

The aim of this study was to re-examine the Quranic and jurisprudential evidences of selling self-help as one of the Remedies For Breach Of Contract for the purchase of medical equipment.

This research has been done by library studies and descriptive-analytical method. By referring to Quranic, narrative and scientific texts, the necessary information has been obtained and analyzed.

One of the problems that has arisen in recent years in the field of medical equipment is that for various reasons, including oppressive sanctions, some buyers or sellers of Iranian medical equipment are not able to pay the price or the goods and this factor causes uncertainty. The incidence of material damages and losses to medical equipment activists. The main question of the research is: "What is the ruling on Quranic and jurisprudential arguments regarding the sale of self-help (resale) as one of the Remedies For Breach Of Contract for the purchase of medical equipment?" The findings of the research indicate that the requirements of the holy verse "… فمن اعتدی علیکم فاعتدوا علیه بمثل ما اعتدی علیکم…" (Baqarah: 194) and verses 40 of Surah Shura and verse 126 of Surah An-Nahl and other jurisprudential narrations and rules, including the rule of no Loss principle in Islam and the Retalitation rule, as well as legal provisions in similar matters, not only do not contradict this, but also accept it. However, the principle of agreement must be kept and rights of the other party must be taken into account in this regard, and according to the holy verse "… لا تظلمون ولا تظلمون " (Baqarah: 279), neither party to the deal should be wronged or abused.

Medical equipment contractors can sell the property to another and exercise their rights in order to prevent further damage and uncertainty in the fate of the contract. However, this right and authority should not lead to "oppression", "loss" and "injustice" to the rights of the other party, but from the point of view of the Holy Quran and Islamic traditions, justice and fairness should be observed and the rights of the parties to the transaction should be exercised to the maximum.