نشریه مطالعات فقه اقتصادی
سال دوم شماره 2 (پیاپی 5، تابستان 1399)

The system is a set of regular and interconnected principles, and each legal system consists of a series of principles and foundations. The existence of any legal system with coherent and progressive principles causes the dynamism of society. Official documents also have a series of special principles and rules, and the legal system connects official documents like the seeds of a rosary, and raises the question of what are the purpose, philosophy and mission of official documents in Iran. And what are the obstacles to these principles and foundations?

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.

A study of the functions of the Property and Deeds Registration Organization and the nature of notaries proves the hypothesis that the backbone of notaries rests on a mosaic of several progressive principles.

Without recognizing and implementing progressive principles, the inherent credibility and mission of the registrar as the body responsible for issuing official documents is compromised. As a result, without implementing these principles, the registration organization always fails to achieve its main goals of establishing social peace and preventing legal disputes.

Diyat is one of the punishments for crimes against human physical integrity. Diyat is the main punishment for quasi-intentional crimes and pure error. In the case of intentional crimes, diyat is imposed if either retaliation is not possible or the victim agrees to determine diyat. Common sense dictates that if someone's right is violated or if someone is beaten or harmed, the damage must be compensated well, and this must be done not only in the stage of proving the damage, but also in the stage of payment. Special circumstances apply.

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.

Depending on the type of crime, the person responsible and the deadline for payment of diyat are different, but what is clear is that the payment of diyat must be done within its legal deadline; Different opinions have been expressed about the rules according to which the diyat rate should be paid.

Some believe that the ransom should be paid at the rate of the day the crime was committed. The reason for this group of people is that on the day the crime was committed, in fact, the compensation for the injuries on the same day has been proven. Another opinion that is presented to the convict regarding the payment of diyat is the day of issuance of the sentence. Legally, a person is considered guilty when a sentence has been issued by a competent court, in other words, a final sentence. According to the third view, the ransom must be paid at the rate of the day it is paid. The protection of victims' rights and preventive criminal policy, as well as various jurisprudential rules, including the rules of "harmlessness" and "respect for the property and life of Muslims," ​​require that the ransom rate be paid at the price of the day to compensate for the devaluation. The new Penal Code provides the same view in the form of Article 490.

The trick in the eyes of the jurists is a secret solution that can be done in a positive or negative way, sometimes it is condemned in the general custom, sometimes it is called to preserve the appearance of the Shari'a laws.

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.

Moqaddas Ardabili, Vahid Behbahani and Imam Khomeini believe in the sanctity of trickery about usury. Imam Khomeini, by testing the intellect of trickery, considers oppression on usurers and considers it forbidden and rejected, the same theory that The Hanbalis and the Malikis, on the other hand, the Hanafis, are known for using the Shari'a trick, and the Shafi'is consider the sects to be the followers of the Hanafis.

It is clear that hail is void in a position that harms the principle of religion and the purposes of Sharia and changes the subject of the ruling and includes the destruction of divine purposes, and no evidence at all indicates legitimacy or illegitimacy.

Twenty-second chapter of the fifth book of the Penal Code, adopted in 1375 as "Threat and Duress" encompasses Articles 668 and 669 are that a slight change in the Articles 233 and 235 of the Former General Penal Code.

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.

Lawyers in the case of titles such as personal threats, blackmail or property or document obtained by force or threat and blackmail are that although its purpose and order in general, but of all the examples and cases mentioned in the articles are not relevant.

In order to prevent the deprivation of the spiritual freedom of individuals in Iranian law, independent crimes such as obtaining a document or writing by force are provided as described in Article 668 of the 1996 Islamic Penal Code. A brief analysis of this article shows that the current legislator, unlike the legislator before the revolution and contrary to the rights of foreign countries such as France, in terms of type and amount of punishment, does not distinguish between the type of threat and its subject and the threat of the threat.

One of the legal actions that the client can take is to dismiss the lawyer and in return, the lawyer can also resign. However, delegating power of attorney to another for the dismissal of a lawyer by the client or the resignation of a lawyer in jurisprudence and civil law is ambiguous.

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.

Some jurists, without being exposed to the possibility of power of attorney in dismissal or resignation of the lawyer, terminated the nature of dismissal and others introduced it as revocation of permission, and another group, while announcing the principle of power of attorney, termination and revocation in principle. They considered matters to be delegated.

Although the possibility of explicit agreement in the power of attorney for dismissal can be deduced from the jurisprudential and doctrinal perspectives based on civil law, giving permission to appoint a lawyer to another does not require a power of attorney in dismissal and resignation of the lawyer. The power of attorney contract inferred it.

One example of a loss in which there is a difference in the ability to compensate is "loss due to the devaluation of money". This means that over time, the "real value" of money, as opposed to its "nominal value", decreases and its initial purchasing power changes.

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.

There is disagreement about the ability to compensate for the loss of value of money over time, but it seems that the reasons for the ability to compensate are stronger. Money is nothing but purchasing power and the power of discharge, apart from being a guardian or like.

In the payment of debts, the debtor must be the criterion for the debtor to be discharged on the day of borrowing. At present, the only provision that can be relied on for the ability to compensate for a devaluation is Article 522 of the Code of Civil Procedure, and therefore there is no general rule in this regard, and the ability to compensate faces a broad obstacle.