فهرست مطالب iman hossein pour sharafshad

In this research it is shown that attributing a contratio sensu to a description used by the legislator when providing legal rules is much debatable among Islamic Law Schoolars. The same debate seems to exist among Iranian legal writers. The detailed examination of this research does also show the fact that when justifying a contratio sensu for description, some scholars in Sheih Jurisprudence are of the opinion that in order to prove such implied indication for description it should be an exclusive causal link between description used and the express contemplated Legal rule. In contrary to this view, it is suggested by the writers that it would suffice if it is proved that there is definite causal link between the description used and the legal rule provided by express language.Likewise, althohgh the result is chalangeable in the Principles of Sheih Jurisprudence, it can suggsseted by confidence that such Sensu can be attributed to the Iranian Civil Law Lawmakers in most of cases. This view can be justified by various aruments such as the usual intention of the authority using such language to provide legal rules, normal perception of the addressed persons, reasonable meaning of the texts used by the legislator, constant precedents of the reasonable persons, the reasonability of the legislator, the principle of the necessity of generality in providing the legal rules and the usual use of such language in providing legal rules.Based on this suggestion and in order to identify what kind of description could result into a contratio Sensu or not, the description used in law texts, shall be divided into an indicative which has a contratio Sensu or an explanatory which has not. It shall also be divided into a description which is used to describe the subject-matter and the one which describes the legal rule. In the first case it has not a contratio Sensu and in the second one has. Finally, it is also shown that "the description used in the law texts, has in principle a contratio Sensu, unless it is proved to be an explanatory, or subject matter-conditioning or has no causl linkage with the legal rule provide by exress language."

One of the most important problems in the field of sports is the damage caused to the sports community, the financial system, and the international reputation due to the violation of contractual obligations or the termination of contracts in this field. This research aims to examine the root of the breach of contractual obligations, to guarantee its implementation, and finally, to point out the effect that such breach of obligations has on public rights. The definition of sports rights and sports contract should be mentioned, and then it will be discussed by examining the effects governing sports contracts and the origin of violations of such contracts, focusing on the contract between players and clubs, and as a case study, the standard contract of the English Premier League in the 2022-2023 season. The investigation of its dimensions should be deepened. The findings of this research show that the source of the violation of sports contracts between players and clubs is sometimes the inability of each of the parties and sometimes their refusal to fulfill contractual obligations. Due to the violation of the contract, various damages, both material and spiritual, are inflicted on the other party, which sometimes have an international aspect, all such damages will directly or indirectly affect the public interests and their material and spiritual rights, which is considered as a violation of citizenship rights.