contract

In the process of pre-award, award, and post-award of the capital asset acquisition programs, it is possible that offenses occur in the realm of “Budget and Credits” and “Public Procurement”. Therefore, the intervention of criminal legislator is justified based on the principle of harm and protecting the public interests. It is obvious that the lack of proper thinking in the face of this issue will have far-reaching consequences. Therefore, continuous evaluation of criminal policy is necessary. In present research, by descriptive-analytical method, the nature of criminal policy was evaluated in terms of severity, integration, update of laws, and coordination of supervisory and judicial authorities, which are the criteria of a desirable criminal policy. The results of the mentioned evaluation indicate the lack of integrity in the legislation, lack of efficiency and lack of proportionality of the criminal response, and lack of coordination of the supervisory authorities. Therefore, it is necessary to think of a solution to solve the mentioned gaps.

Today, in the world of trade and diplomacy, before concluding contract, the parties negotiate directly and indirectly. Negotiation, such as mediation, and other alternative solutions provides the necessary facilities for a a binding contract. Of course, negotiation or mediation may not lead to an agreement.. In this case, what executive guarantee is there regarding the disclosure of commercial or political secrets of one of the parties due to termination of negotiations? This article is done with a comparative approach and a descriptive, analytical method. It also deals with the descriptive analysis of negotiation and its difference with mediation, the rights regarding the termination of negotiations and also the guarantee of the implementation of the protection of trade secrets of the parties in the principles of European contract law and Iranian law. If the termination of the negotiation is in such a way that the other party's commercial and political information is disclosed, he acted against good faith and according to civil liability, it will be required to compensate for the damage.

One of the most important economic issues that has a lot of use in law systems, especially in the Iranian law system, is the issue of blasphemy. There is always a difference of opinion among jurists regarding the nature of reward, that reward is a contract with a unilateral juridical act. Some have considered it as a unilateral juridical act' and some have considered it as a contract. In civil law, the nature of the contract is not clearly stated, but the contract is introduced as one of the specific contracts, and in the seventh chapter of this law, articles 561 to 570 are related to this issue. Assigned therefore, it is important to know the law nature of reward in terms of the conditions of realization and the effects and rulings that follow it. The purpose of the current research is to identify the nature of blasphemy in Iran's legal system. In the present study, which is using descriptive and analytical methods, we analyze the nature of the contract in the Iranian law system. The findings of the research show that the nature of the contract is the contract, because the agent decides with his own intention and consent to perform the contract. Therefore, it cannot be considered that the reward was concluded with only one will and the same thing. It excludes reward from the number of occurrences.

The principle of freedom of will in contracts is one of the most important points in the conclusion of contract; today, in legal science, with increasing transactions and the way of concluding them, problems have arisen in this principle with specific frameworks. one of the most important cases that has hindered the establishment of the principle of freedom of will of the contracting parties and the manner of speech and declaring it in custom and law is duress; which, with abnormal and illegitimate pressure from an external stimulus, causes the lack of consent in the parties or one of them, and causes the non- establishment of this principle in the contract. in the laws of Islamic countries, regarding duress, more support for the threatened person is seen, and a different executive guarantee has been established according to the subject and depending on the conditions. the researcher decided to first give an explanation about the history of duress and its concept with a descriptive method; And then answer the questions raised with a descriptive and analytical approach and examine the issues related to the subject:Does reluctance in any degree have similar legal effects? Are reluctance and urgency different from each other or are they the same concept with two words? Can all emergency transactions be considered valid by using Article 206 of the Civil Code?

The increase in construction contracts in recent decades has increased the necessity of creating dispute resolution methods in this field that are appropriate to the requirements of this type of contract. Different methods for resolving disputes are considered in construction contracts. The use of dispute resolution methods due to its non-judicial approach can help to resolve disputes quickly and reduce costs. The nature of construction contracts requires that disputes be resolved quickly and sometimes at the site of the project. In this research, while examining the terms of dispute resolution in Article 53 of the general terms of the contract and comparing it with the terms of dispute resolution in the FIDIC contract, the shortcomings and loopholes in Article 53 of the general terms of the contract will be presented, and suggestions will be made to amend this article.

One of the most significant political philosophers who devoted his works to the problem of inequality is the French Rousseau. In his famous article "A Discourse on Inequality", he claims that the first historical cause of inequality is private property. Therefore, this research with the theoretical framework of radical democracy, Moff, tried to answer the question of what theoretical basis is based on Russober's hypothesis. What is Rousseau's solution to get out of the crisis of inequality? The result of this research shows that Rousseau's assumption is in line with the criticism of the teachings of the Catholic Church, Locke, especially in the theoretical criticism of Hobbes in Leviathan. There are three main axes: criticism of the natural state/natural law, strong opposition and weak and the nature of sovereignty is stable, and Rousseau's solution to the crisis of contract relies on freedom, which will lead to the unity of contract.

Considering the increasing needs of the country’s defense supply chain to use the latest technologies in the field of strengthening the defense forces in the face of advanced threats and also the need to provide part of these requirements from abroad, but the international sanctions imposed against the Islamic Republic of Iran has been one of the challenges in this regard. In order to obtain the required technologies, the supply chain is forced to carry out commercial interactions with foreign countries, and due to the embargo of all industries related to the defense field, it is not possible to do this directly, and it is necessary to use internal intermediaries and contractors. It should be used in this regard that the requirement for this was the conclusion of contracts for the supply of goods and services, and sometimes in these contracts the contractors used the issue of sanctions as a force majeure and unforeseen event to fail to fulfill their obligations. This issue and the examination of the element of force majeure in commercial contracts have adopted appropriate solutions to prevent the occurrence of problems in contracts. The research method was a descriptive-explanatory mixed method with a tool for collecting library information and checking existing contracts. Considering the results obtained and the characteristics of the contracts concluded in the supply chain of the armed forces, such as confidentiality and financial and time limitations in the supply of items, one of the solutions is to prevent the contracts of these collections from entering into long judicial processes by using other levers and tools. It is specified in the law of contracts and the like, which is explained in the text of the research.

In recent Iranian intellectual space, some thinkers of political thought and jurisprudence (in particular the late Dr. Davood Feirahi) have believed that Iran’s situation in Islamic world is similar to and comparable with England in Europe and Christian world. That's because Iran is a Muslim country yet at the same time a Shi'ite one and England in Europe is a Christian yet at the time an Anglican one. On the other hand, they have believed that the situation and the political project of John Locke in England is similar to and comparable with the situation and the political project of Allameh Mohammad Hossein Naeini in contemporary Iran. That's also because both of them tried to defend freedom and democracy on the basis of a religious ground, that means the holy text. And both of them had religious opponents (Sheiq Fazlollah Nuri and Robert Filmer). Therefore, the quarrel for democracy and freedom at the time of John Locke and Allameh Mohammad Hossein Naeini was a religious one. That means it was religion against religion, both authoritarianism and democracy was based on different accounts and interpretation of the hole text. Hence, in Iran Feirahi believed that secularism isn't our real problem but the problem is religious accounts of authoritarianism and democracy. He believed that the path of democracy passes through a democratic account of religion. Here, what he called as modern theology can make sense.The main concern of the present article is to evaluate this claim. Is Shi'ite Islam is comparable with Christianity and Anglicanism in particular? What are the differences? At least we know the Constitutionalism movement in Iran came to a different conclusion than the Constitutionalism movement. In Iran, only after two decades after the Constitutionalism revolution an authoritarianist government came to power and it can be said that Rezakhan destroyed democracy. The main subject of my essay is Law but not any kind of Law (Natural Law, Religious Law, etc.). It is only governmental law or human Law. What is created by man and in particular by a government. In order to evaluate the aforementioned claim and what people like Feirahi said I chose the concept of law and on the other hand I tried to study the concept in the context of the two important treatises of these two thinkers; the second treatise of John Locke on Government and Mohammad Hossein Naeini’s Tanbih o lommah va Tanzih o lmellah. It should be added that Law is very important for these two. Locke defines political power on the basis of Law. For Locke, that's Law which draws a distinction between a state of war and a political state. For Naeini, Law is an alternative for ismah (innocence) of imam at the time of qeibah (absence of imam).It should be noticed that Law in Iran was a goal that so many people had tried the achieve. One the main aims of the Constitutionalism revolution was to create Law and to limit and control the behavior of the governors on the basis of Law. So, the essay studied different aspects of the question of law in the project of those two thinkers (Naeini and Locke) and what the said in their most important treatises (Tanbih o lommah va Tanzih o lmellah of Mohammad Hossein Naeini and John Locke’s Second Treatise on Government). This study is a part of a wider research, which tried to find the basis of such comparison. My methodological approach in present essay is an interpretive-comparative one. That means that I tried to interpret both texts from the viewpoint of Law and after that and the same time I tried to compare the two texts.   The present essay is divided in different parts. First, I studied the foundation of Law in the two treatises (a metaphorical one and a normative one). Then I wrote about the limitations of Law for Locke and Naeini. For Locke and Naeine there two different kinds of limitations. Locke limits Law by Natural Law or Natural Rights and the contents of the very basic contract between people and the governors. On the other side. Naeini limits Law by Shari'ah and the contents of the very basic contract between people and the governors. Then I talked about the Legislative Power (Parliament of Majlis). Here I studied the position of the the Legislative Power and its conditions. And in the end, I wrote about the goal or aim law, what Law tries to achieve. Here I pointed to the relations between public good and its relation with consent. In the final analysis, the present research shows that in spite of some similarities, there are fundamental differences between John Locke and Naeini, which cannot and should not be overlooked. I believed that the proponents of the claim are ignorant of the differences. Such ignorance twists our system of thinking more and creates more problems.

The contract is one of the most important legal institutions that has existed for a long time in the history of mankind, and it can be said that the norms related to it are among the oldest legal norms. Thus, the history of the evolution of legal systems is directly related to the evolution of related legal norms in different legal societies and cultures and different forms of government. The most important legal and judicial developments of the present era can be attributed to the formation of social rights in the last decades of the 19th century. The main question of this research is whether it is possible to believe that the legal entity of the contract is affected by non-legal factors? In response, it seems that the contract as a social institution can also be affected by non-legal factors. It seems that the contract has elements that have undergone changes in each system, which we will discuss in this article in a descriptive-analytical manner. As a result, it can be said that the institutional contract is not purely legal and can not be viewed with a positivist approach and has witnessed changes under the influence of social factors.

Man is a social being with social ties who is bound by a set of human and social obligations and contracts to meet his needs and achieve his goals. There are different opinions between jurists and in terms of the Holy Quran on how to arrange the contract and the formal conditions of the contract. A number of scholars consider the creation of a contract to be oral and some in writing. This article examines the security of contracts and its principles in the Holy Qur'an and tries to explain their reasons. Create people in the community. Therefore, solutions can be found in the Qur'anic principles such as the transparency of the text of the contract, as if the contract was unambiguous and written, which will lead to the strength and security of the contract. One of the most important reasons given for the non-legal monopoly of contracts is the holy verse, "O you who believe, and you who enter into contracts." In this article, which has been written in a descriptive-analytical manner and using library resources, the meaning of the verse is not limited to contracts in the time of the Shari'a, as well as the problems raised around it. "Contracts" refers to emerging contracts.

In transactions, individuals use collateral to secure their rights, one of which is the guarantee contract, which is used in almost all societies. Both Islamic and common law systems This legal institution has dealt with and determined the works according to their legal principles. In Iranian jurisprudence and law, the necessity of applying a guarantee contract is to be a carrier of dhimma, during which dhimma is the subject of annihilation and dhimma is engaged to the guarantor against the content of crushing. In this case, with the conclusion of the contract, the obligation of the subject has not been removed, but the obligation of the guarantor, along with the subject of the opposition in front of the content of the crusade, is engaged in seeking him. He examined the effect of the contract, one is the relationship that we establish between the guarantor and the subject of the contract, the other is the relationship that arises between the guarantor and the subject of the contract, and finally the relationship that we establish between the subject of the contract and the subject of the contract. In the common law system, the effect of the guarantee contract is liability to liability, but in some issues arising from this contract, such as the passage of time, there is no consensus on the guarantee contract and a single procedure for this contract, such as Scotland. It has a different approach to the UK, Wales, Ireland, the Republic of Ireland and the United States

Corruption of contracts in society creates adverse effects, deep class differences. Corruption of the contract causes the loss of the party who, relying on the validity of the contract, incurs costs and lays the foundation stone of his trust in the contract, which is ultimately annulled. In the relationship between the parties, there is no doubt about the return of the same property to the corrupt contract, and since the invalidity has no legal effect and no ownership is created, the status should be restored to its previous state and the pre-contract status should be revoked. . This is because the parties to the contract may have waived costs or opportunities in concluding it. In the case of financial corruption of the contract, all these cases are considered as damages, because the party to whom the cause of the corruption is attributed and nevertheless enters into the contract, is guilty and should be held responsible for compensating such damages. In this regard, contract corruption is an executive guarantee to advance the goals of society towards proper legal relations. Under UK law, a contract may be declared void and ineffective. This invalidity in terms of creation, such as contracts that are contrary to public order, morality, good and illegitimate, has many similarities with Iranian law. Regarding the status of the contract in English law

E-commerce and its theoretical topics are still considered fantasy fields in underdeveloped countries, which have attracted the attention of many researchers. It should be noted that business has operations in its concept and content, and mere scientific study of the subject does not lead to the practical development of e-commerce. Different types of e-contracts, e-payments and e-commerce taxes, civil liability in this type of business, concluding contracts in e-commerce and also discussing the situation of e-commerce in Iran, are the main topics of e-commerce in this article. Therefore, the present article has been written with the aim that e-commerce is an integral part of commercial law and civil law in its traditional sense and intends to examine various issues of e-commerce law based on judicial and commercial practice. This article is limited to examining the status of contracts and e-commerce law in the field of cyberspace law. The result of such an approach is the simplicity of this tendency on the one hand and the applicability of the issues raised in it on the other hand.

An important issue in the field of civil law as well as the jurisprudence of contracts is the discussion of the necessity or non-necessity of observing the basic conditions for the validity of transactions regarding the terms of the contract. In the Iranian civil law, the conditions for the validity of the condition are not explicitly enumerated. One group mainly cites that the condition is also a kind of agreement, all the basic conditions of the validity of the transaction must be observed, and in contrast, another group considers the conditions mentioned in Article 190 of the Civil Code to be related to independent and original agreements. They do not face it unconditionally in the field of conditions during the contract. In particular, invalid conditions are enshrined in civil law, and the legislature has not specified such things as invalid conditions as invalid conditions. This article considers the provision of an appropriate answer to the issue in question depends on paying attention to the principles of civil law in the field of basic and general conditions of contract validity. Examining these principles, we come to the conclusion that intention, consent, competence and the necessity of legitimacy are necessary for a condition such as contracts, but in principle, a brief knowledge of the subject is sufficient.

until the basic conditions for the validity of the contract and, as the case may be, the specific conditions necessary for the validity of some contracts are observed and the contract does not conflict with public order and good morals, the principle is the validity of the contracts. In case of absence or non-observance of any of these conditions, the contract will be void. The annulment of the contract has effects, including the responsibility of one of the parties to the void contract to compensate the damages caused to the other party to the contract. Liability arising from a void contract and the obligation to compensate for the resulting damage is of non-contractual origin. In order to achieve the goal of civil liability, ie full compensation, it is necessary to determine the best method of compensation that the courts use as part of the compensation in each case and avoid any kind of compensation and order to pay damages in cash in all cases. In the event of an obligation and its breach, liability for breach of obligation is conceivable, which has different types of liability and includes civil or coercive liability, contractual liability, criminal and moral liability. The conditions for fulfilling the responsibility are: certainty, directness, personality, non-compensation, predictability and damage to the damaged legitimate right. In the present article, we try to discuss the conditions of fulfilling the responsibility in repairing the damage caused by false transactions by descriptive-analytical method and studying libraries.

The Civil Code, despite the fact that the conflict resolution rule is clear for the sections of personal status, contracts, property and type of documents, has not answered about non-contractual responsibilities. And so the court must enforce Iranian law on civil liability claims, whether they have a foreign element or not? Or is there a conflict resolution rule and that is the principle of territoriality of laws? That is, the Iranian court considers this principle as a rule for resolving conflicts of law and implements Iranian law on civil liability? The present article seeks to show that neither of these two correct attitudes should be the rule for resolving "communication groups" and that non-contractual responsibilities should be as conflicting as the others. Good slow. This is why the law governing civil liability was chosen. The role of the rule of will in determining the governing law has received considerable attention, and this is the right. At the same time, in the absence of mutual consent, the crime scene law is still the best solution.

The holy religion of Islam has special programs, customs and traditions for the management of human life in all fields, the use of which guarantees the happiness of this world and the abode of the Hereafter. One of the programs and customs of Islam in dealing with human sexual instinct is the subject of marriage or contract. An issue whose content is fully in harmony with human nature and also leads to the proper growth and training of human natural forces and the satisfaction of instincts and the provision of his genuine needs. The religion of Islam, based on its attention to the innate needs of human beings, sets appropriate rules for their proper saturation and shows the principled ways in this regard; According to Islam, marriage is the only way to modify the sexual instinct, the correct use of which can lead to human development. The subject of marriage is discussed in many verses of the Qur'an. In this study, we decided to use a descriptive-analytical method based on library information to comparatively examine the verses of the rules of marriage legitimacy from the perspective of Fadl Miqdad and Jasas. Based on the findings of the present study: 1- From the point of view of Fazel Meqdad, a contract becomes a verbal contract, which first appropriates the vat that this naming is allowed,

The present research has a main concern and it is to study the relation of consent and obedience from the viewpoint of the question of law. In a political theory like Locke’s, there is a fundamental complexity and that is believing in free equal men while justifying law as something which requires obedience. For Locke, law is the place of balance of consent and obedience. On this basis Locke tries to show that law is something of the kind of contract in which people consent to be subjects of a politico-legal order. According to Locke, human being is an entity which has self-governing in a fundamental way. In political society, this capacity appears in the Legislative and therefore it is the basis of political society. Hence Locke places the Legislative at the top of the political order. However, there are limits and conditions that shouldn’t be exceeded or violated by law and the Legislative. On the other side, although law should always be in the direction of public good, what makes law valid and legitimate is the bond of law and people’s consent. The lack of the bond abolishes the legality of law. There can be drawn no distinction between a law without consent and command of a bandit. So patriarchal expediency and discerning the good of the people are not sufficient grounds to justify law and political subjection.

In the past, they tried to resolve disputes by referring to different judicial systems, but nowadays, more or less, instead of referring to the judicial system, other dispute resolution methods, especially conventional arbitration, have been resorted to. Therefore, the role of the arbitrator in resolving disputes, especially contractual disputes, has been in the spotlight. The present article aims to "investigate the role of the arbitrator in the settlement of contractual disputes", therefore, after expanding the conceptual space of the subject, it tries to investigate the importance and position of arbitration in contracts as well as the international system by using the descriptive-analytical research method. Next, the question arises: What are the reasons for the importance of the arbitrator's role in resolving contractual disputes? The findings show that arbitration in international trade contracts in the era of economic and legal globalization, as a valid and original tool to resolve disputes arising from these contracts in particular and from international trade in general, the validity of this is due to the specialization of the issues. Business and the feeling that commercial issues will be dealt with more appropriately in arbitration courts are among the reasons for choosing and accepting arbitration clauses in contracts.

The Rules of PECL are laid down by the European Union to uniform the rules of the member states for convergence and to create economic between the countries. The study and implementation of these regulations can be a model. In this article, one of the main pillars of contract formation based on the PECL and Iranian is examined.Among the conditions for the validity of the contract, the will and intention to sign both in Iranian law and in the PECL as the intention of legal obligation has been the most important condition for concluding the contract. The purpose of special ceremonies was only to achieve the intention of the parties. So that even putting considration or writing a contract has been to achieve the real intention of the parties. Today, most of the regulations for legal acts reduce the formalities and do not even consider it necessary to conclude a legal act and a contract in the form of requirement and acceptance. The stipulation of the Intention to be legally bound in the PECL indicates the importance of this issue so that it is not invalidated. In some cases the intention of the parties may differ from what has been stated.The question arises as to whether the PECL, in comparison with Iranian law, are based on esoteric will or apparent will? In order to achieve the intent of creation, an objective criterion should be considered or subjective criterion? The PECL in this regard are not significantly different from Iranian law.