نشریه پژوهش های حقوقی میان رشته ای
پیاپی 10 (تابستان 1401)

Pre-sale is one of the most common transactions in the market, especially the commodity exchange. According to Islamic jurisprudence, pre-sale has rulings, including the lack of license to sell goods before the maturity, which is one of these important issues and a disagreement among jurists. Considering the acceptance of this contract, as one of the mechanisms of commodity exchange transactions, the question arises whether the sale of goods before the maturity in the traditional market, especially the stock exchange is correct?

It is descriptive study.

Ethical Considerations: 

All ethical considerations have been observed.

One of the rulings of the pre-sale contract is the sale of goods before the maturity in the secondary market, which is disputed by jurists. Some jurists have invoked the prohibition of non-licensing for reasons such as consensus, narrative, etc. And also its sales license solutions, including, in the form of lawyers, transfers, etc. It was investigated and explained.

It is permissible to sell the goods before the maturity according to Islamic jurisprudence and law, because by concluding the contract, as the seller owns the money and seizes it, in return, the buyer becomes the owner of the goods.

The contract is usually considered to be the main and most important source of commitment. It creates a series of obligations between the two parties. In this regard, the most important principles that are presented from a moral-legal point of view are the need to adhere to obligations. However, in some cases, one of the parties terminates the contract due to the availability of conditions for termination, and this may also affect the transactions before termination.

It is descriptive study.

Ethical Considerations:

 All ethical considerations have been observed.

The results indicate that the termination of the transaction based on the subsequent transactions has a special effect on the legal and contractual options, which has led to the issuance of conflicting votes in this regard.

In the verdict No 810 if it is stipulated in the contract of sale, if the price is not paid in due time, the seller has the right to terminate and return the sale, if the condition is met. And the exercise of the right of termination, even if the buyer has sold the seller to a person, the seller must be returned to the seller. Failure of the subsequent buyer to be informed of the said condition, according to its inclusion in the text of the contract, due to the normal behavior of individuals and the right of priority of the owner, will not invalidate the condition and the original owner's right to the same property.

Considering the family rights in Iran’s legal system, it can be seen that the legislator has considered rights and obligations for couples reciprocally. These rights and obligations are minimal requirements, and strengthening the family institution is not merely due to its observance.

It is descriptive study.

Ethical Considerations: 

All ethical considerations have been observed.

The couples' mutual rights and obligations are divided into two categories: financial and non-financial rights.

The most important financial right that the couple is responsible for the wife is the necessity of paying alimony. One of the most important non-financial rights is the right to determine housing and the lack of independence of the wife in some conventional rights. On the contrary, the necessity of deference to the wife is one of the most important rights of the couple that must be respected.

In the Iranian legal system, including the law and the doctrine of law, there are many definitions and in some cases duplicates of the family that are often not comprehensive due to the one-dimensional view; In addition, the definition of the family in the present age is certainly different from the past due to the changes caused by globalization, but it has not been considered in the existing definitions; This is while in establishing laws and regulations and formulating policies and plans related to the family and even other than that, a correct and comprehensive understanding of the concept of family in the Iranian legal system appropriate to the present age, has a fundamental role. Therefore, the purpose of this study is to re-read the definition of family while expressing and criticizing the existing definitions of family in laws, regulations and doctrine of law.

The method of this research is descriptive-analytical which has been done by library method and by referring to jurisprudential, legal and sociological texts in the form of interdisciplinary studies.

Ethical Considerations:

 Ethical considerations have been observed in writing this article.

Since the family is a customary institution, the best way to provide a definition of the family in the Iranian legal system is to refer to the current custom of Iranian society and pay simultaneous attention to the teachings of Islam as well as developments resulting from modernity and globalization. Because in the current era, Iranian society, in addition to Islamic teachings, is simultaneously influenced by modernization and globalization, and none of them can be considered alone.

An institutional family consisting of a man and a woman having a legitimate marriage (verbally or in writing) with each other and possibly their child (s), whose most important feature in the present age is solidarity; In other words, according to this feature, what is important in the family is the emotional relationship between its members, not only the man's presidency and leadership, but also the relationship of family members is not only based on blood relations; Members also communicate through breastfeeding, adoption, artificial insemination, and surrogacy. In addition, unlike in the past, spatial sharing is only one minimal tool for solidarity due to the expansion of communication, not all of it.

The development of blockchain technology has had a significant impact on human life in recent years, and some even believe that the fourth industrial revolution has begun. Smart contracts are concluded under the supervision of artificial intelligence on the blockchain platform, the exchange of a contract in them is virtual assets or digital cryptocurrencies. By taking advantage of their unique features such as security, stability and self-execution, these contracts have created new capacities for humans in the field of transactions.

It is descriptive study.

Ethical Considerations: 

All ethical considerations have been observed.

The progress of technology has created a period of transition from traditional concepts and the entry of modern and new concepts in the field of law, while the speed and complexity of technology has brought challenges in the legal system of contracts; among these challenges is accountability and compliance of the basics. Available with new concepts in the field of contract law, this research examines the legal role of blockchain in smart contracts in the field of intellectual property and by scrutinizing the characteristics of this contract, it determines the possibility of using them in the contractual field and in order to support and protect intellectual property.

Among the beneficial effects of this technology on intellectual property are increasing speed, reducing registration costs, maintaining intellectual property records, tracking and managing intellectual property. But this technology, like any other emerging technology, in order to be implemented in the legal system, first requires changes in the infrastructure and the development of laws and regulations.

Advocacy is a contract whereby one of the parties makes the other party his vice-president for doing something. Advocacy has some conditions. Islamic jurisprudence and, consequently, Civil Law, have created conditions for the contract of attorney. The adjudications must be perfect, i.e. mature and sane.

The method of this research is descriptive-analytical one.

Ethical Considerations:

 Ethical considerations have been observed in writing this article.

In this article, the possibility of lawyering the minor and accepting the advocacy by the minor person has been investigated and various opinions of jurists about accepting it have been discussed.

Lawyering the minor and accepting the advocacy by the minor person is against the law and jurisprudence.

The purpose of this study is to investigate the right of residence of wife.

The method of this research is descriptive-analytical one. The information and materials of the research have been theoretically collected in a library method and have been rationally analyzed and concluded.

Ethical Considerations: 

Ethical considerations have been observed in writing this article.

If the wife does not make a condition for (Right of Residence) with the husband during marriage, then the wife must follow the husband here, but when the husband determines a place for inhabitation that is not suitable for wife, she may determine the residence.

If the wife put conditions like the right of residence for herself during the marriage contract, or if there is a necessity for the woman, she will have the right to choose a dwelling.