فصلنامه حقوق اسلامی
سال نوزدهم شماره 2 (پیاپی 73، تابستان 1401)

An incomplete contract is one that has not been concluded completely and has not been effective. Iranian civil Act does not have any general principle about the status, rules, and effects of incomplete contracts and ordains some vague regulations on certain instances of these contracts. The incomplete contract has a “waiting period” to be accomplished and effective. Because of the ambiguity of the Civil Act, it is requisite to inquire about the relationship between parties and other legal rules in this period. The possibility of termination of incomplete contracts during the waiting period is one of the aspects of these contracts investigated by this article. The main question of the article is whether parties to the incomplete contract may terminate the contract during the waiting period. The authors answer that the right of termination is specific to valid and binding contracts, whether absolutely valid or potentially valid ones (a common term in the Islamic jurisprudence), and since an incomplete contract has potential validity, the terminator party can exercise his right of termination. Thus, for termination, there is no need to wait until the contract is completed. In this regard, the authors have presented a general principle and then, under the principle, examine the prominent instances of incomplete contracts.

Among the crimes that have had an increasing rate in recent years and have attracted the attention of the executive apparatus and the criminal justice system and have caused a kind of public protest and distrust are the crimes of credit institutions. For this reason, it is necessary to evaluate Iran's criminal policy in this regard. In this article, which aims to achieve the desired criminal policy model in the management of these crimes and descriptive analytical method using library resources, the evaluation is based on three indicators of efficiency, coherence and comprehensiveness.The findings indicate that reasons such as the lack of use of new technologies in the management of these crimes, the general transfer of responsibility for dealing with crime to criminal law, excessive fragmentation of judicial procedure, etc. have deprived Iran of its criminal policy; On the other hand, reasons such as not properly reflecting the risk of banking activities to citizens, non-compliance with the principle of unity of command in managing these crimes, dispersal of laws, criminal prosecution subject to the Central Bank complaint, etc. have made criminal policy in this area ineffective and incoherent..Also, factors such as lack of monitoring tools, unfavorable economic situation of institutions, weak cultural teachings in regulatory institutions, lack of use of experiences of other countries, etc. have made Iran's criminal policy in terms of comprehensiveness also lack the necessary standards.

Identifying which of the criminal behaviors the crime is documented to, has always been one of the problems in criminal claims. This problem changes into a serious challenge when the conducts are effective in the criminal consequence in a longitudinal way. By avoiding objective and material criteria and distinguishing causation from citation using customary concepts, the 1392 lawmakers tried to create basic and fundamental changes in causation and citation rules. Some of the changes in causation rules are the acceptance of sharing responsibility, the possibility of citing a crime to a perpetrator and to a cause simultaneously and the effect of the element of intention in citing the crime to a criminal act which can be due to the legislative deviation from the material and philosophical approach in the category of citation. Although the 1392 lawmakers, have tried to get the rules of causality closer to justice and fairness, following the changes mantioned, but in some cases such as non acceptance of the sharing responsibility in the aggregation of transverse causes and also the existing conflict in provisions 527 and 528, it hasn't been able to have a comprehensive look to this issue. In the present study while reviewing the subject of differentiating the case of causation from citation, we are seeking to evaluate these developments which are based on a customary view to causational and citational rules.

The Anti-Money Laundering Law approved in 1397 is the second law of the Islamic Republic of Iran in combating this crime. However, this law, compared to the previous law adopted in 2007, is a step forward and in addressing the shortcomings of the previous law, is admirable and in line with the development of technologies and in line with national and international regulations, including the UN Convention against Corruption. Is; However, there are other shortcomings in some articles of this law that make it necessary to review this law and the existence of these harms is not compatible with the goals and philosophy of anti-money laundering and any disregard for them reduces the effectiveness of the law in combating money laundering. This article shows the descriptive-analytical method and pathology of some articles of this law that the law has developed a concept that is in conflict with the philosophy of money laundering in defining and explaining the instances of the source crime and in legislating the psychological and material element of the crime, legislative criteria Has not observed and due to neglect of the role of the deputy in the crime of money laundering, has not provided appropriate sentences for it.

Examine the condition of reciprocity with insultsCrimes against the spiritual dignity of individuals is one of the most important issues in the field of jurisprudence and law because human beings are basically sensitive to the violation of their spiritual privacy, dignity and honor, so this is in different legal systems with criminal protection. The most important example of this The category of behaviors is the crime of insult, which is criminalized in Article 608 of the Penal Code. This article examines the legal and jurisprudential impact of retaliation on insult. In this article, the arguments of the pros and cons are evaluated descriptively-analytically and based on the findings of the research and despite the silence of the law, the arguments of the jurists who believe in the effect of the rule of retaliation in insult were accepted. In a few cases, it is considered a justified factor.

The basis of Law is its obligatory source, for discovering which, scholars were have been searching within the topics of philosophy of law. From the past until today “Natural School of Law” and “Positivist School Law”, had been the two dominant streams of law that always been trying to prove oneself and reject the other. Islamic Law scholars who had an independent basis and unique school of law, used to criticize these prevailing schools. They believed that wise will of the divine legislator is the basis of law. Though Islamic scholars have sometimes used Qur’anic teachings in order to prove their fundamentals, nevertheless, criticizing the above mentioned law schools on the basis of Qur’an has been done for less. Natural School of Law can also be criticized by Qur’nic basis, however the author of the article tries here to criticize Positivist School of Law that is relied on the will of government or Public conscience. Therefore the author uses Qur’nic teachings on the basis of “Nemone” exegesis, besides applying an analytic method.

The effects of the instability of the economic system on the parties to contracts, especially contractual contracts, have always kept alive the debates over contract modification. Lawyers have tried to justify the judicial modification of the contract by presenting theories, such as the theory of contingent loss or the rule of prohibition of detriment.However, differences of opinion on the basis of these theories have led to the failure of these efforts to persuade the judiciary to accept moderation. One of the results of determining the nature of the contract and accepting the lease as the nature of this contract is that the amendment can be accepted as requirements of the absoluteness of contract. In the other word, it is considered as one of the effects of the contract and therefore took a step towards resolving the dispute of amending the contractual contract.

The law system of water, which in the past was based on customary rules based on private ownership and management of water resources, with its mechanized and uncontrolled exploitation during the last hundred years, has given way to the centralized system of ownership and management of the public sector. Relentless competition from exploiters has been effective but has not led to a reduction in consumption and the rescue of groundwater aquifers. Therefore, the study of the legal system governing water resources in terms of principles, structure, functions and its effects following a review of the relevant laws and regulations in a descriptive-analytical manner and using documentary study tools can lead to pathology of legal governance of water resources. And then, by strengthening the principles and general structure of water legal governance and resolving conflicts of laws, help solutions to improve the legal system governing water and, consequently, the optimal use of this vital resource.Keywords: water ownership, ownership, public