پژوهشنامه حقوق اسلامی
پیاپی 55 (بهار 1401)

In this article, the effects of the “Void" of the contract as the origin of debt upon assignment contract have been analyzed in view of the Article 733 civil code.  Does the assignment contract become void when a contract related to the origin of the debt becomes void, or does it remain valid and the resulting obligations must be fulfilled? Additionally, with the annulment (becoming void) of the sale contract which is the origin of the debt, to whom should be returned the price obtained by the assignee (the assignor or the third-party assignee), and the third-party assignee may indicate to the assignor or assignee to return the price he paid; and also, to whom should the customer refer for the price (the seller or assignee). Using the descriptive-analytical research method and extensive study of Islamic jurisprudence and the analysis of Article 733 of the civil code, the study concluded that the void of the contract as the origin of debt causes the void of the assignment contract, and the assignee is obligated to return all things obtained illegitimately to the third-party assignee and the third-party assignee can choose whether to refer to the assignor or assignee in returning the price. This ruling applies to not only sales contracts, but any debt that is created through civil contracts or non-contractual events and an assignment is issued, and then it turns out that there was no debt; to begin with, the above rulings will apply.

There are examples in jurisprudential and legal texts in which the divorcees will or the extent of the divorce's effects are limited. The marriage relationship continues after divorce, even though, by law, it should end upon divorce. There are four examples in this regard: "Is it possible to prevent a husband from divorcing his wife by using the "La-zarar" rule or the "La-haraj" rule, or to force the husband to divorce his wife?" Other examples include the continuation of the effects of marriage in the case of a woman who is in the Iddah and inherits her husband when he divorces her of a disease (that leads to his death)".The purpose of this study is to examine whether "Hokumat" complies with the above regulations. Among these examples, the "Hokumat" does not apply to revocable divorce. In the other three cases, however, the conditions of "Hokumat" apply. While the La-Zarar rule takes precedence over the original provisions, it cannot apply to the prohibition of divorce.

Islam and the law of many countries, including Iranian Civil Law, agree that the murderer is not entitled to the inheritance of the murdered heir. The scope of dispute is only about the limits of this deprivation and its extension or non-extension to the types of murder. But the issue of deprivation of the heir who was an accomplice in the murder, in the case of the silence of the law and many jurisprudential texts, is the place for stopping to give an opinion. In addition, it needs to be investigated whether the deputy in murder can receive a pension from the pension funds as the survivor of the victim or not. On the one hand, the exceptional character of the impediment to inheritance and the need not extend it to indefinite titles and on the other hand, the reasonableness of following the wisdom of the ruling on the deprivation of the killer and its extension has made it difficult to provide a conclusive opinion. However, there are reasons and documents in which we can state carefully that the issue of deprivation of inheritance and receiving a pension is also probable in this case, and the grounds for this conclusion are more solid. Thus, this paper aims to analyze the issue and provide a solution based on an analytical-critical approach.

Oblique action is an exception to the principle of the relative effect of the contract, which permits unsecured creditors or collateralized creditors whose collateral is not worth as much as their claim, under certain conditions, to interfere with the legal affairs of the principal debtor. This action is due to the entry of the result of the lawsuit in the assets of the principal debtor. It also benefits other creditors who have not participated in the action. The comparative study of this institution in the law of Iran, France, and Egypt highlights its abandonment and eventually abrogation of it (article 36 of the Insolvency Code) in Iranian law, which seems critical considering the interests of creditors and the effects of this institution in practice. But French and Egyptian law have been analyzed by jurists, and the French judgmental procedure has been very active in this regard. The purpose of studying the law of these two countries with Iranian law is to identify the conditions, nature, scope, and effects in practice. Additionally, it aims to highlight the weaknesses and strengths of this obsolete institution in Iranian law. This research presents a pathway for the Iranian legislature to revive this institution and predict the related laws in Iranian law. Also, in this research, the difference between oblique action and similar institutions is explained in order to avoid confusion and to avoid the identification of Pauline action and derivative action institutions and in article 418 of the commercial code as examples of oblique action.

The law accepts the obligation to a third party as one of the general rules of contracts. Marriage contracts, like other contracts, are subject to this general rule. It is possible, under this contract, to commit in favor of a third party. Due to the characteristics of this contract, the commitment in favor of a third party is not like other contracts and has its own special rules. Accordingly, the subject of this inquiry is to study the commitment of the third party in the marriage contract and its effects. Based on the findings of this study, the privity of contract rule within a marriage contract differs between stages of formation and work. In a maiden marriage that has grown (ripe and wise) the father's permission is a condition of marriage validity. In the effects stage, the privity of the contract is not absolute and the marriage contract is due to a relative relationship among couples with the relative counterpart. This contract allows you to commit in favor of a third party, but this commitment does not affect the original contract. Law or custom or an agreement by the parties can prescribe the guarantee of breach of a third-party commitment in a marriage contract.

The right to mental health is one of the main components of the right to health and one of the main examples of children’s rights. Various factors are influential in threatening or realizing this right of children including the cyberspace. Cyberspace is important as nowadays children spend a lot of time in it while a significant part of this space is not appropriate for the age and mental state of children as well it has a detrimental effect on their psyche. Using descriptive-analytical method, this study intends to answer this question that: How can the right to children's mental health in cyberspace be realized according to the Iranian legal system, Islam and international human rights instruments? To answer this question, different rights of children in cyberspace including the right to education, the right to privacy, the right to security and the right to play and recreation, and their relation with the right to mental health of children have been investigated. The results indicate that in the international human rights system, especially in protection of children’s right, some measures have been considered by the governments. In Islam, the health of people has been highly emphasized in the Quranic verses and hadith. However, in Iranian legal system, some measures have been taken to protect the mental health of children in cyberspace, but in practice, there are much to do to achieve the desired situation.