نشریه آموزه های حقوقی گواه
سال سوم شماره 1 (پیاپی 4، بهار و تابستان 1396)

Civil liability arising from vehicle accidents in the light of the new Compulsory Insurance Act adopted in 2016. Civil responsibility, as one of the most widely used branches of Law, has emerged from the beginning that people gathering together, and after the determining of the importance of compensating for the loss suffered by people due to the expansion of social interactions, it was formed. One of the main subcategories of this topic is civil liability in accidents caused by vehicle accidents. In this article, after an overview of civil liability of vehicles in general, specialized in civil liability due to the collision of "ground motor vehicles" has been investigated. There are many articles about civic accountability from driving accidents, but it seems that none of them has come up with a comprehensive overview of existing laws. This article attempts to clarify the angles and ambiguities in this topic, in light of the history and approval process of civil liability laws driving accidents. It is natural that the answer to all our questions is not found in the rules of the law, and in order to address the details of the subject, it should inevitably follow the principles and rules of law and jurisprudence. The final goal of this paper is to determine the scope of civil liability caused by accidents on the basis of the responsible person and the type of damages to be compensated, to clarify the practical direction and how to refer to the rules and to eliminate the confusion caused by the multiplicity of rules, especially in the judicial authorities.

For the first time, because of Iran's economical, social and cultural second five years law participatory bills were discussed in 1373 and with law of participatory bills contribution method passage in 1376 these bills were considered for second time in order to compensate vacuity of the role of treasury bills which were set asided caused by possibility of being usurious in economical and financial system of our country. After Islamic revolution, doubt of usury about treasury bills, make Iran's legislator to seat participatory bills instead of treasury bills. Since methods of participatory bills law passage in 1376 then it’s administrative bylaw in 1377, the structure and nature of these bills have been discussed economically and legally. From juridical point of view, the question is that: Do participatory bills look like previous treasury bills or have alternative nature? What's the factors of these bills by view point of nature and notion, prerogatives, different sorts and qualification of publications? In this essay we want to clarify various angles of participatory bills in order to not only we have recognition to nature and ongoing procedures on participatory bills, but also approach these important issues profoundly

Administrator is not responsible for any defect property that has been entrusted, except in cases of negligence. Many jurists and some lawyers are hesitant about possibility of making absolute liability a condition against administrator; they reason that the trust and the absolute liability are conflicted. But they have spoken less about possibility of obtaining guarantees from the administrators. However, articles 1013 and 1243 of the Iranian Civil Code, about the administrator of the absentee and the Mandate, impose a unit regulation: "The possibility of obtaining guarantee from the administrators that the court appoints them". The condition of bringing the guarantee is for a time when the administrator became responsible, for compensation, easily, the hesitant damages .To investigate the possibility of generalization this regulation to other administrators, firstly the types of administrators, includes proprietary and judicial and legal administrators, are defined; their judicial effects and regulations is expressed. After expressing the definitions and the main elements of Article 1013 of Iranian Civil Code, by adopting the criterion unity, the currency this regulation is proven for the other legal administrators. To say that exerting governorship, in legal administration, is basically for the governor; but because this is done through the installation of the administrators, they must provide her legitimate conditions. In proprietary administration, because of the Domination Principle, prohibition modification in property another person without their permission and justifiability of trade that is with compromise, obtaining guarantee from the administrators is possible .In all of this, observing the imperative regulations is necessary. But, requesting the guarantees from legal administrators, depending on its types, is not possible. In addition, the conditions and obstacles of legal administrator are different with judicial administrator.

One of topics that arises after revocable divorce is revocation right to woman for man during Eddeh days that related to nature of revocable divorce requirement. At first in this research, the nature of revocable divorce and revocation have been focused to review the inaccuracy or accuracy of non-revocation condition by descriptive_analytic method and it has been determined this condition isn’t contrary to nature of revocable divorce. Then, given that some disagreements about this subject related to being right or sentence of revocation permission, this subject and features of these two items was studied and since the revocation permission is one of dubious instances, at the end, a solution for recognition of dubious cases is provided. In the following, with the help of juridical, legal and juridical foundation, the result has been achieved is that this condition is not contrary nature of revocable divorce requirement and is not lack of ability for waiving because of being sentence. Also, the nature of revocable divorce does not turn into irrevocable divorce with waiving of revocation right and the wife can enjoy from her rights during Eddeh days of revocable divorce, such as alimony, housing and inheritance.

Murabahah is an attribute that the commutative contracts such as sales can be attributed to it. Jurists say that Murabahah sale is when the vendor with the saying the capital and profits to the customer's request, supply the sales.
With legislation such as the interest-free banking as well as the five-year plan, Murabahah contract became one of the financial instruments in achieving legal and Interest-free banking system into the country's banking system, And with the approval of the Murabahah contract procedures in 1390 by the Council of Money and Credit, The first article of guidelines of Murabahah says: Murabahah is a contract that Supplier informs the cost of goods and services to applicant Then, by adding an additional amount or percentage as profit, grants it to the applicant. With regard to the definition of jurists and lawyers from Murabahah sale and operating instructions, to enter into any Murabahah contract, must in addition to the public condition comply with the specific condition, such as knowing capital and interest. In this article, it is referred to specific provisions in legal and law texts. Our research method is descriptive and analytical. We tried to bring the Jurisprudence and legal opinions with the Legislation to conclude.

The basis of civil liability has always been from controversial topics in civil liability. Some of the basics are from western origins and some others are from Islamic sources. The foundations named "danger" and "fault" Retrieved from the West and the basis "negation of loss" or ability to attribute customary the loss can be deduced by the Islamic principles. Islamic Republic of Iran’s statutes in the course of their evolution, in each case has selected one of the foundations for civil liability that cause confusion for the lawyers. According to studies in Iranian law, it can be said that in spite of the richness of jurisprudence in the field of civil liability, the laws in this field is widely distributed in Iranian law. Civil Code Considering jurisprudential norms and mentioning some of the article in general, expresses the principles of civil liability; civil liability code based on theory of fault does not match to other rules; the previous and new Islamic penal codes suggest examples of Guarantee. Generally, it can be said, apart from civil liability code, other statutes are close together and derived from rich Islamic jurisprudence. The basis of destruction and causality is wide and absolute which shia jurisprudence confirms. This research which prepared in library, has a new sight of usual basis of civil liability.