نشریه تحقیقات حقوق خصوصی و کیفری
سال هفدهم شماره 4 (پیاپی 50، زمستان 1400)

Joint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be imposed on the minority. But does the management of the common parts of the apartment, like the common property, require the intervention of all the owners, and in this respect, is there a difference between the possession of the common property and the common parts of the apartment? The law of ownership of apartments does not require the permission of all partners and the decision of the owners of more than half of the relative area of the private parts is mandatory for other occupants of the apartment. Or the permission of each of the common partners is not possible; Moreover, in apartments, due to its special condition and the growing growth of apartment construction, any decision to materially occupy and consequently conclude a contract in order to take the necessary measures for the optimal use and maintenance of the building, in common areas subject to the general rules of common property management in Article 582 BC. It is not and there is no need for the permission of all partners. In practice, the management of apartments is based on principles that come from the management of commercial companies, especially joint stock companies due to its special conditions. This privilege should be applied in the management of other common property that has multiple partners and a majority is expected and necessary changes in law. To occur.

The effects of widespread social changes in private and social lives of human beings made it more and more necessary to reform the laws in accordance with these changes. These reforms are presented in the form of innovation discourse in Islamic law. Accordingly, the present research was carried out for genealogy and to present the strategies of the innovation discourse in Islamic law by Laclau and Mouffe's discourse theory. The research results showed that the innovation discourse in Islamic law dismisses some signifiers of both philosophical and theological discourses and legal discourse in modernity, breaks down their structure, and uses some of their signifiers in a new structure. The signifiers of this discourse, simultaneous attention to the changing and fixed areas of law, promotion of attraction and effectiveness of law, the requirements of national and international society, the priority of subject scholarship to discovering the sentence, innovation while preserving the bases of Islamic law, and considering rational, consensual, and traditional sources are pivotal factors alongside text. A search in genealogy of different Islamic sciences including speech, principles, and the philosophy of jurisprudence proves them to be some abundant capital which in turn shows the necessity of paying attention to time and place conditions and legal innovations. Genealogical stages, understanding the environment with respect to the economy of power, passing through obstacles and challenges, paying attention to innovation sources, preparation, putting sources together, developing an efficient law, performance, the feedback of ...

Swap as one of the new methods of international trade can have a great impact on solving the country's economic problems. This contract has become widespread in the field of international trade. But no research has been done on its advantages and disadvantages in Iran. The present article examines the issue using library resources and answers the question: What are the benefits of swap contracts? And what effect can it have on the country's economic development? It concludes that the swap can prevent the negative impact of price changes on the value of assets and cover the risk of commodity, currency and interest rate fluctuations. Swaps reduce the cost and time of moving goods and currency, and boost the country's transportation, eliminating intermediary currency and using the national currency, and making sanctions ineffective. So the swap has a very positive effect on economic development, but there are also criticisms of it, which is that this contract increases crude sales and reduces domestic production and the value of the national currency. But the important point is that in addition to economic benefits, swaps have significant benefits in political convergence. Communicating with countries around the world through swaps provides political and security benefits, as well as access to the consumer markets for the sale of Iranian goods.

The present article examines the mistake in Iranian law in the field of private law and its application with regard to the latest developments in the French legal system. One of the relationships between people is civil relations and the most significant civil relationship is contracts. The principles of mistake are one of the most important issues in contracts because if a mistake occurs in the contract, its fate may be affected. Mistakes are incorrect or inaccurate perceptions of reality in the elements of legal action that have different effects on the will. In fact, error is the error in knowing and believing the opposite of reality, despite the firm belief or strong suspicion and the correctness of thought and action, and is equivalent to the concept of compound ignorance. A mistake in French law causes absolute or relative invalidity, so that in Iranian law, a mistake is ineffective in some cases and effective in others. Based on the studies conducted, it can be concluded that the use of theories and experiences of French law should not lead to ambiguous legal writings, if some jurists have confused the concept of relative invalidity in French law with the lack of influence in Iranian law, such as Use of the word breach in Article 201 of the Civil law, which is used to express the guarantee of misconduct. Studies show that in Iranian law, a mistake never causes a lack of influence, because the lack of consent causes a lack of influence and the defect of consent causes the option to terminate, and absolute invalidity will be achieved by destroying the intention. Therefore, the duty of jurists is to establish principles that act in the direction of firmness of contracts, such as the principle of necessity and correctness, and on the other hand, guarantee performances such as invalidity, termination and non-influence that guarantee the interests of individuals in the face of these principles. Conclude in this regard.

The principle of minimal criminal law (intervention of the criminal law minimum) allows the use of this branch of jurisprudence in a situation where it is not possible to resort to other guarantees of enforcement, namely the guarantee of civil and administrative enforcement. The volume and scope of criminal law in liberal states is also one of the current challenges of law and politics. The connection with criminology does not have a clear position. In many cases, this position is not accompanied by tolerance, and in some cases, the government has criminalized and enacted the law with the utmost speed and intensity; Hence, the place of observance of the principle of tolerance, which is regularly heard from politicians, is not clear. In Iran, the roots of the government's desire to use criminal law can be related to the scope of government, the entry of this institution into the field of ethics and privacy. In fact, criminalization is not done in a technical way, but influenced by the ideology of the government and the tendencies of this institution. In this article, the authors will refer to the analysis of the basics of the subject in a descriptive-analytical manner.

The protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means protecting the constitution and the condition of legal development in society, which itself is compatible with measures such as public policy, such as criminal policy. Among the fundamental rights of the nation, which are likely to be violated in the security-oriented approach of criminal policy and exceptions to the rule of law, is the right to liberty and the right to sue. With description; In this article, with a descriptive-analytical method, an overview of the components of each of the mentioned matters and the results of the research indicate that; Despite the security contexts of Iran's criminal policy and the requirements of the rule of law, the reality is that the nation's fundamental rights are not violated and the establishment of participatory criminal policy mechanisms and the rulers' real benefit from religious teachings, as well as the necessary measures to control and monitor more. Exercising judicial oversight by the government can put an end to any possible concerns of violations or deviations from the nation's fundamental rights.