نشریه مطالعات فقه اقتصادی
سال دوم شماره 3 (پیاپی 6، پاییز 1399)

There are generally two types of jurisprudence knowledge topics; "Jurisprudential issues" that discuss the minor rulings and the issues of rulings; And "jurisprudential rules", ie general principles and frameworks that are widely used in minor issues.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Jurisprudential rules are divided into types; Some of them are used in all or most of the chapters of jurisprudence, such as the rule of no harm and the rule of no harm (general rules), And some are specific to business chapters and economic issues, as a rule of loss and lack of trustworthy guarantee. The rules of economic jurisprudence have beneficial effects on the economy and society, including the formulation of economic regulations, the establishment of order and security in all economic matters, and the preservation of national wealth.

Jurisprudential rules are the foundation of the laws of any Islamic society, which is very effective in creating economic stability and facilitating labor relations in society. Economic activities are formed in the space of legal relations of institutions. Legal relations clarify the form of ownership, its boundaries and how to protect it, and the system of production and distribution grows with the development of legal relations.

Ensuring the security of e-commerce, especially in the field of literary and artistic property, is one of the most important issues in e-commerce. The main question that arises hereof is how the legal requirements in Iran’s law and the international trade law documents that are intended to ensure the security of e-commerce to protect the owners of intellectual property rights, could be assessed?

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of this research suggests that in order to ensure the security of e-commerce (virtual), Iranian lawmakers had to legislate for titles that had previously supported in non-virtual space, but the distinguish of e-commerce led to the formation of trade and the law of computer crime that have been specifically developed for this purpose and indicate the special place of requirements in Iran’s law. International conventions include guidelines for the protection of literary and artistic property rights, that member states by joining the convention accept them as domestic law.

Ethical Considerations:

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It seems that the guidelines of conventions such as Thrips need to be updated according to the new developments in e-commerce and in domestic law, although the Iranian legislature, in order to achieve this goal, in some cases refer to laws related to non-virtual space and in some cases it has developed new legal provisions but there are still violations and gaps.

The guarantee of understanding is the responsibility of the seller for the price he has received. If the seller of the property is not. The aim of this study was to explain the basis of civil liability resulting from understanding the subject of the transaction in Iranian judicial practice.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Examination of judicial procedure shows; Where the court sentences the seller to refund the price and damages for late payment based on the central bank rate index, he pays more attention to the coercive basis of his responsibility. However, courts that order the seller to pay the price of the seller's day are liable for more damages on the basis of contract;

Judicial practice has accepted the principle of compensation, either as a condition of the contract or as civil liability. However, regarding the amount of compensation, the judicial procedure did not have access to a single opinion and some believe in the return of the original price in addition to indemnities including registration fee and home office and some return the price plus compensation for late payment based on inflation rate and some calculate the price according to the daily price. The resulting property has two different bases. Judicial practice is divided on the basis of civil liability arising from the understanding of the subject matter of the transaction

accessory contracts are one of the famous jurisprudence regulations that is not only accepted by all Muslim but also by all the wises then this is an obvious factor and doesn't need to be deducted.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

there are some conditions which do not base on this regulation such as contracts which are conducted under threatened conditions, concubinage, sellinsomething under deforcement, Moatelat, ...

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Sonia have considered fallacies such as jocularity, reluctance and sellinwithout pricing and renting without payment which do have some reasons which are provided in following. Of course these are not accepted by all the jurists, and considering the apparent and esoteric intention and religious strategy is defferent when these two argainst each others.

The principle of succession is in fact the issue of the insurer referring to the cause of the loss, after the payment of compensation by the insurer, which is one of the basic issues in insurance law. In most of the legal systems of the world, the insurer, after compensating the loss, files a vertical lawsuit to claim damages from the cause of the loss. The principle of succession has been chosen as the basis for the insurer's recourse due to the payment of French insurance law as well as Iranian insurance law, because there is a strong connection between the compensation of payments and the principle of succession; Any payment of compensation by the insurer is followed by his deputy.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It can be said that Iranian civil law, unlike French civil law, has not explicitly recognized a paid successor; Because the issue of the deputy due to payment is rooted in the law of France and there is no trace of it in the law of Iran. Therefore, it may be inferred that it is impossible in Iranian law to accept the right of recourse of the insurer on the basis of succession due to the payment of compensation.

In discussing the nature of the insurer's recourse, some, in addition to the litigant's lawsuit, have spoken of the insurer's direct litigation; And some others have considered it as a dispute over the payment of another religion and a group in the ranks of the deputy

one on of the most important duties of the people in Islamic societies is helping needies and indigents. Every one had to compensate the existing shortages of the others depending on her hisown possibilities.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Shia important jurisprudences and some of the Sonnet tribes had accepted this and they have said: Adult women can decide to do everything with her own properties, either she has husband or not.

Women, like men, can run her own properties which had acquired by economic working, inheritance, dower and alimony, women can decide what to do with their own properties such as buying and selling, leasing, mortgaging, farm letting, donation, bailment and loaning and they do not need to let anyone even their husband.