contracts

In law and jurisprudence (fiq’h), the basis, conditions, and duration of the option have been examined. The less discussed matter is the scope of the said option, which raises questions on its plausibility about unilateral juristic acts (Iqa’) and revocable contracts. In this research, by analyzing the basis of the option, it is proved that in principle the said option is possible in all types of contracts unless it is contrary to the contract’s quiddity. This option is not limited to irrevocable Contracts. In unilateral juristic act (Iqa’), because it is effective for two sides of the act, it is possible to use the option. Also, even though a revocable contract can be terminated at any time, its termination based on the option, due to its advantages and effects, justifies the use of the option in revocable contracts.

The social security is one of achievements of development and business activists bear an important part of burden of economic development. Hence, in long term both sectors (the social security and business activists)would encounter some problems. This issue necessitates the interaction between them. The purpose of this study is to recognize challenges of the interaction relying on entrepreneurs’ viewpoints. Experts in social security field and business activists were interviewed. The qualitative data were analyzed. The findings show that the main challenges for interacting with the social security organization are as follows: weakness of processes related to incorporation of a company, problems related to present list of insurance, lack of unity in procedure and transparency in calculating insurance premiums for contractual agreements, weakness of processes and structures related to insurance inspection, lack of enough attention to branches and votes by boards, reconsideration of votes by Administrative Court of Justice, weakness of administrative, financial, and legal structures and process of account settling. Therefore, it has been tried to consider both exogenous and endogenous factors in solutions.

According to the widely known viewpoint of the Uṣūlīyūn, khabar al-wāḥid (tradition with a single transmitter) is valid as a special presumption (ẓan al-khāṣ). The most important reason for its validity is considered to be the intellectuals’ attitude. But some others, citing the reason for obstruction (insidād), use akhbār al-wāhid for the absolute benefit of presumption. What needs to be discussed is whether the validity of the khabar al-wāḥid is used in the same way in both parts of worship (ʻibādīyāt) and transactions. Written in a descriptive-analytical method, this study shows that by proving the principle of non-devotional transaction rules, in its specific sense, the Akhbār al-Āḥād of these chapters are not useful for the presumption of survival (ẓan bih baqāʼ). Therefore, the proof will not be valid due to obstruction. Thus, in the chapter on transactions and contracts, Khabar al-wāḥid cannot be considered as validation either because of a specific proof or because of obstruction. Consequently, legislation in the field of transactions and contracts is the responsibility of experts (jurisprudents) and their compliance with the general purposes of the sharīʻah, such as non-ghararī (uncertain) and non-harmful. However, the usefulness of the narrations of the mentioned chapters can be indicative of the attitude and perception of the lawmaker (shāriʻ) in setting the laws of the society. As a result, the invalidity of akhbār al-āḥād will be useful for restricting transactions to contemporary transactions of maʻṣūm (infallible) and the transactions approved by him.

The analysis of the political events and currents of the last two centuries and a clear and documentary drawing of contemporary Iranian political and social history is a political necessity. Inevitably, the success of Iran's foreign policy is linked to the issue of oil, and this success is best achieved when the country's foreign policy has an international orientation. In foreign policy, decisions are not the product of the work process and the task of an institution but the product of the effect of the position of those who have used their job position and played a role. Personal, occupational, incentives and bureaucratic characteristics play a major role in the decision-making process, and the psychological environment is a rich source of decision-making. Ideology and beliefs are the historical mental legacy, individual personality, and mental readiness of psychological environment variables. In the last two hundred years, Iran-British foreign relations have had many ups and downs, and the analysis of the political-oil issues of the two countries in this period is an inseparable part of the political-social history of Iran. The research method is an analytical-analytical that combines library and document studies with analytical accuracy, and according to Graham Alison's Theory, it evaluates foreign policy and the behavior of governments in terms of the wise actor model. Therefore, the present study attempts to answer the question of what effect the personalization of the kings and rulers of the desired period from the D'Arcy Concession in 1901 to the Oil Concession in 1933 had on the foreign policy of Iran and England regarding oil.

One of the issues of contract law is the presentation of criteria and effects of the division of contracts according to Imamieh and Iran's subject rights. Therefore, the main question of the research is what are the criteria and effects of the division of contracts in Imamieh jurisprudence and Iran's subject rights؟ The present research seeks to answer this main question and its related questions, so that, while examining the theories of jurists and lawyers in this regard, it can be a criterion consistent with Iranian law To divide the contracts headquarters from Imamieh jurisprudence and Iran's subject rights by analytical and citation method. The autonomous theory of research in the criteria and effects of the division of contracts headquarters is the integration of different criteria under the criteria of opposition and non-contradiction of contracts with the required rules and laws of the book and the age of comparison and its works.

The concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator.

The purpose of the current research is political sanctions and its impact on contracts based on jurisprudence and legal solutions, and the research method is descriptive-analytical. In the current conditions of contracts and obligations, they are heavily influenced by the political conditions of the country and the increasing price. And the lack of stability in the market has led to a severe loss to the obligee, who must compensate for it. It may cause unbearable difficulties for the obligee and lead him to the abyss of economic collapse. Now the question is whether the commitment of these people is still binding according to the sanctions or it can be changed according to the changes in the situation. However, due to unforeseen events, it is possible to revise the provisions of the contract and provide a clear and explicit solution in these cases based on jurisprudence.

Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area in most legal systems, the legal aspects of this situation have not been adequately explained. The issue of the life or death of these patients is one of the important issues for explaining the legal status of patients in a vegetative state. In this study, according to the religious and jurisprudential concept of death according to the sanctity of the right to life and with the similarity with the regulations governing the incapacity, the view of being alive has been accepted and according to this view and with a comparative approach, the legal effects of vegetative state has been analyzed. The selection of a guardian and trustee and the transfer of financial affairs to them, the possibility of seeking divorce due to circumstances created by the spouse in a vegetative state, and the termination of personal contracts are the most important legal effects that have been accepted in this study

backgroud and The principle of good faith and fair behavior is one of the important moral and legal principles. The purpose of this article is to examine the rules of good faith and fair behavior in contracts in Iranian jurisprudence and law and European Union law. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. In the laws of the European Union, the principle of good faith and fair treatment is clearly stated. In Iran's legal system, the term "good faith" is not used in the civil law, but in laws such as the civil liability law approved in 1339 and the e-commerce law of 1382 and Iran's trade law, this term is implicitly used. In Shia jurisprudence, there are reasons that emphasize the necessity of honesty and correctness in contracts, including commercial contracts. In European Union law, good faith and fair dealing in contracts are explicitly recognized. The scope and function of good faith in Iran's law has been more prominent in the pre-contract periods and it is formed based on the will between the parties to the transaction and the intent to create contractual obligations. So that the issue of the functional domain of goodwill in Iranian law is related to intention

Improper influence means the abuse of spiritual influence with the aim of reaching unfair and unjust contracts, which exists in all societies. This theory was first proposed by the Court of Justice to modify and adjust the contract in order to protect the weak party of the contract in English law. There is no mention of this title in Imamiyyah jurisprudence and Hanafi jurisprudence, but its examples are abundantly seen in social behaviors. The question is whether Imamiyyah and Hanafi jurisprudence have a plan to support the deprived class who are oppressed through influence. In Afghan law, which is based on Hanafi jurisprudence, there are legal articles (698, 631, 621)civil law, and in Imamiyyah jurisprudence there are rules (the rule of no harm and the principle of justice) that protect people who are subject to abuse by influential people. And according to those rules, any kind of illegal transaction is forbidden and non-enforceable, and receiving any money through it is considered to be invalid, contrary to Sharia and legal regulations, and one of the examples of unlawful ownership. key words: rulings, works, undue influence, contract, Imamiyyah jurisprudence, Hanafi jurisprudence.

What has been learned from the Quranic verses is that the fulfillment of the covenant has a wide scope and includes within its many fields international obligations, and the widening of the circle of international obligations stems from the agreements in the two stages of implementation and limiting the breach of covenants. In the light of the Qur’anic verses, we see that the close interdependence between the arena of action and the ethical recommendations is what is required by divine wisdom to ensure the goodness of people to protect it from any harm. In this essay, using the method of legal interpretation, it was shown that fulfilling covenants and fulfilling international obligations is on the one hand an instinctive matter, and on the other hand, it is fixed as a Qur’anic value in the context of piety linked to this legal principle. just as the interpreters of the Holy Qur’an concluded that the ugliness of breaking covenants is considered an innate matter and fulfilling a covenant is a value by itself and we must always be just and fair. Interpreters through their understanding of the Quranic verses have shown that the value of justice in international legal relations proves the values of piety.

IntroductionToday, non-governmental organizations, including charitable institutions, play an important role in various fields of human societies. In the various categories of economy, politics, science, culture and art, environment, religion, sports, health and treatment, etc., it is rare to find a category that is not under the influence of non-governmental organizations (see: Tayeb Nia et al., 2019: 32; Derakhshan and Nasrollahi, 2013: 62). In Iranian law, however, the relations and legal issues of these organizations have not been paid attention to, as it deserves, neither at the level of laws, regulations, and judicial procedure, nor at the level of research and scientific studies. The authors of this article analyze one of the fundamental issues related to charitable institutions, i.e. the legal status of the property of these institutions after their liquidation. Research methodologyIt should be said that the authors of these lines have taken a step towards identifying and collecting research sources with the library method. Then, they have taken a proof or descriptive approach to the analysis of the mentioned sources, and by adhering to the normative or prescriptive approach, they presented their appropriate suggestions. Findings of the researchBy relying on the relevant reasons, the authors have proven that the use of part "S" of Article 16 of the Non-Governmental Organization’s regulations (approved on 17/08/2016 by the Council of Ministers with subsequent amendments and additions) is not referable in any way; therefore, it is not possible to divide the property and surplus income of charitable institutions among their founders, managers, and members. In addition, some approvals such as part "d" of article 6 of the executive regulations subject of note 3 of article 139 of the amendment of the Direct Taxes Law (approved by the Council of Ministers on 19/02/2002), paragraph 4 of the instructions on how public benefit charities are exempted from the subject Clause (i) of Article 139 of the Amendment of the Direct Taxes Law (approved by the Tax Affairs Organization of the country) and Part "T" of Article 1 "Instructions for Authorities, Description of the Duties and Features of Supervisors of Charitable and Non-profit Institutions" Subject of Clause (i) of Article 139 Amendment of the Law on Direct Taxes" have stipulated thatThe incomes of charitable institutions are subject to tax at a zero rate if their articles of association indicate that their property will be handed over to the country's welfare organization or one of the government institutions or other charitable and public benefit institutions after liquidation. Considering legal principles, the property of charitable institutions is not acceptable in terms of legal principles and rules.  Discussion and conclusion First of all, the liquidation of charitable institutions is one of the important issues that its various and complicated aspects are not analyzed and explained in the relevant regulations and legal studies. Secondly, the application of part "S" of Article 16 of the Non-Governmental Organization’s Regulations (approved by the Council of Ministers on 17/08/2016  with subsequent amendments and additions) is not referable; therefore, it is not possible to divide the property and surplus income of charitable institutions among their founders, managers, and members. Thirdly, handing over the property of charitable institutions after their liquidation to executive bodies such as the country's welfare organization is against the appropriate legal standards.

"Voidness" is a status on which no legal effect is exercised according to the law. Although this status is contrary to the rule in Islamic law, it has significant examples in Islamic law. An examination in jurisprudential and legal books shows that scholars of jurisprudence and law have tried to reduce the scope of this legal status and reduce its examples by creating institutions such as withdrawal of the contract, the principle of correctness and the theory of spiritual commonality. In this regard, according to the examples of correction of void contracts in Islamic law, we can reach a comprehensive and complete theory called "correction of void contracts", which on the one hand compared to similar comprehensive institutions and on the other hand It has far fewer problems than such institutions. Correction of a void contract means that a void contract is corrected by removing the invalid causes or changing and transforming the annulled elements of the contract.In this research, we intend to examine the aspects of this theory and to assess its validity in the balance of jurisprudence and law. The result shows that there is no serious problem in correcting a void contract from a jurisprudential and legal point of view, and this legal act can be considered as one of the legal theories along with other institutions limiting the scope of voidness.

the USA has extracted its very first oil reservation in the late of 19th century and it caused the notable change of political and economic position of the USA in the world. from the legal perspective the USA also faced with essential change in the contractual system and it was because of the common usage of joint operation agreements that is one of the most popular contacts in the USA oil & gas industry and legal system. The parties of this kind of contract are divided into operating party and non-operating party. This article has analyzed the reason why this kind of contract is popular in the USA oil & gas and legal system, the role and duties of operating party and the method by the rights of non-operating party might be preserved to make sure that the rights of the non-operating part is preserved and the expectations of the contract will be fulfilled.

Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurence, especially contracting contracts that in the current practice of the Social Security Organization and the claims assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the vots of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.

According to Article 223 of the Civil Code, "any transaction that has taken place is a product of validity, unless its corruption is proven." That is, the principle is that every transaction that has taken place has all the basic conditions for the validity of the transaction and the specific conditions of the contract, and therefore the principle is for its validity as long as it is not proven otherwise, it remains valid and strong if one of the parties He claims that at the time of the transaction, one of the basic conditions for the validity of the transaction did not exist. In any case, the implementation of the principle of correctness is in a case where there is no doubt in the apparent occurrence of the contract, and otherwise the doubt in the realization of the contract and the difference in its occurrence can not resolved with the principle of correctness. The mentioned principle has many applications in Iranian law and several articles of our laws have been regulated and approved based on this principle. What is mainly discussed in this article is generalities about the principle of correctness, necessity and its effect on laws. On the other hand, the historical background and its nature, as well as the principle of correctness in legal and thematic doubt and the conflict between istishab and the principle of correctness and the principle of correctness in Sunni jurisprudence will be discussed in terms of their relevance to the subject of research

The theory of spiritual communion is that if the contract bear a result of another contract, it is another contract in fact, even though the parties had not considered such intention. In the following research, we analyzed the theory by using descriptive-analytical method and according to the references cited. This theory has a serious disagreement among shia and sunni scholars. The shia scholars have accepted this theory as an instance, but the famous jurists of the sunni scholars have raised this theory as a general theory. According to the view that the theory doesn't considers intention of the parties and also, on the other hand, cause chaos among contracts; It seems necessary to treat it as a sentence and partly (not generally; Therefore, if there are legal texts, then intentions of the parties shall be the criterion.

In many projects, project financing has progressed beyond the feasibility study and bankability of the project. This issue is more important in project finance in comparison to other project financings. the term project finance implies that the underlying debt is non-recourse or limited recourse to the project sponsor and project finance lenders base credit appraisals on the projected revenues from the operation of the project and the revenue-producing contracts and cash flow. That is why the bankability criteria of the contractual networks in project finance need to be analyzed.

In this paper, the corona pandemic, as force majeure, has been analyzed by comparative study of Iranian and French law using descriptive-analytical research method. The main question is whether the corona pandemic or the actions of governments to deal with it are considered force majeure and exempt the obligor from fulfilling the obligation or paying compensation. In addition, what measures have the Iranian and French legislators devised to protect the parties to the agreement against the harmful effects of the corona crisis? By studying the legal doctrine, jurisprudence, acts and regulations approved in Iranian and French law, and by considering the deadly dangers and extreme fears of the virus, and in particular governments' efforts to curb the coronavirus, such as the closure of many businesses and guilds, closing borders and canceling flights and banning or restricting travel and the similar cases in the two countries, it can be said that unlike other pandemics, the corona pandemic has the potential to be a force majeure, especially during quarantine and government restrictions. But the corona pandemic cannot be considered absolutely and in all cases an example of force majeure; rather, it is subject to force majeure and its effects only in cases where the corona crisis is an external accident, unavoidable and unpredictable. Moreover, the French legislature has taken special measures to deal with corona's destructive effects on contracts, much more urgently and effectively than the Iranian legislature, to protect the obligor. However, the judiciary as well as the legislature, by adding a section to Article 229 of the Civil Code, can use the results of the present study to consider dangerous epidemic diseases (such as the crisis caused by Covid19- and other similar pandemics) as force majeure.

The purpose of this study is to analyze the position of good morals in Imami jurisprudence and the Iranian legal system, so the issue of the present study is what is the place of good morals in Imami jurisprudence and the Iranian legal system; Based on the findings of the present study, which has been done analytically and descriptively, the results were obtained that good morality, based on nature and norm, is to limit the will of individuals to protect social interests and it should be the source of legal rule and legal propositions. He knew that in addition to a purely negative role, it also has a positive function and this source, like other sources, is affected by the basis of validity of rules in the legal system. Crimes against good morals are widely mentioned in the jurisprudential chapters and laws of Iran. These crimes are sometimes committed individually. If these crimes are committed in an organized manner, the issue of negligence and veiling will be removed and a serious confrontation will be put on the agenda, especially if this act is done with the intention of disrupting the Islamic system or overthrowing it, in which case It will be subject to titles such as corruption on earth. Also, in order to annul contracts that are against good morals, it is not necessary that there is a specific legal text, but it is enough for the judge to recognize the contract as against good morals and declare it invalid, even if the law is silent about it. This article analyzes the position of good morals in Imami jurisprudence and Iranian law.