206,550 results
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Conditional Contract in Iranian Law: A Review Based on the Severability of a Contract from its Effects in Imami Jurisprudence and French Law
Context & Objective: Legal systems validate contracts based on their foundational understanding of contractual agreements. In Iranian civil law, the legal validity and exact status of the conditional contract (ʿaqd-i muʿallaq, an agreement where the legal effect is contingent upon the occurrence…
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Legal Framework for the Promulgation of Business Regulations in Iran
Context & Objective: The promulgation of regulations, functioning in parallel with the promulgation of statutes, constitutes a pivotal element in recognizing and securing the rights of stakeholders within the business environment. Within the Iranian legal system, the enactment of the Law on…
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A Discourse on "Social Justice" Through the Lens of Intellectual Property Law: From Delineating a General Theory to the Necessity of Future Governance
Context & Objective: The intellectual property framework is traditionally conceptualized through an economic and technical lens, positioned as a market mechanism designed to rectify market failures and incentivize innovation. This utilitarian discourse neglects the profound distributive, cultural…
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Delineating the Status of the Golden Rule in Islamic Jurisprudence
Context & Objective: The Golden Rule is a fundamental moral principle advocating that one should treat others as one wishes to be treated. Although this ethical standard appears in numerous pre-Islamic religions and Islamic texts Islamic jurists have not formally recognized it as a jurisprudential…
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A Comparative Legal Analysis of Banking Confidentiality under Iranian and Swiss Law
Context & Objective: The commitment to banking confidentiality is a fundamental principle within the global banking industry, emphasizing the duty of banks, acting in a fiduciary capacity, to protect the financial and identity-related privacy of their clients. As drivers of economic growth and…
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The Imperatives of Constitutional Borrowing in Islamic Countries
Context & Objective: Following the movement of constitutional codification, legal systems frequently utilize diverse sources to design their constitutions, prominently drawing upon the constitutional experiences of other nations. The transfer of legal ideas from a foreign jurisdiction requires a…
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Illegality of Seizing the Property and Spoils of Ahl al-Baġy in Islamic Jurisprudence: Evidence from Imam Ali’s Conduct and Shia-Sunni Schools
Context & Objective: The legal status of the property and spoils associated with Ahl al-Baġy (armed rebels against an Islamic Ruler) constitutes a critical subject in Islamic jurisprudence (Fiqh). The primary scriptural source, the Quran, dedicates only a single verse to the treatment of such…
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Convicts' Acquiescence to Judgments: The Necessity of Restricting Prosecutorial Appeals in the Criminal Procedure of Iran
Context & Objective: Acquiescence to judgment (submitting to a trial court's verdict and waiving the right to appeal in exchange for a mandatory sentence reduction) is a prevalent leniency mechanism in the Iranian criminal justice system. According to Article 442 of the Iranian Criminal Procedure…
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Nexus Between Condition and Contract in Imami Jurisprudence: A Review of Ayatollah Abu al-Qasim Khoei's Theory
Context & Objective: Analyzing the structural relationship between šarṭ (contractual stipulation or condition) and ʿaqd (contract) represents a fundamental prerequisite for deducing the substantive legal rulings governing contractual conditions within Imami fiqh (Islamic jurisprudence). The…
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Application of Economic Analysis of Law in Islamic Legal Reasoning
Context & Objective: The interaction between law and economics utilizes microeconomic tools to evaluate the efficiency of legal rules and human behavior under the constraint of resource scarcity. Integrating the economic analysis of law into Islamic jurisprudence (Fiqh) requires identifying…
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Selling Properties Subject to Usufructuary Rights of Soknā (Habitation): Legal Status in Imami Jurisprudence and Iranian Law
Context & Objective: Contracts transferring usufructuary rights frequently raise complex questions regarding the legal status of the underlying property when the original owner transfers its title. A prominent example in Islamic law is the contract of Soknā (the right of habitation), commonly…
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A Review of the Concept, Principles, and Process Governing 'Legal Risk' Management Based on the International Standard ISO 31022, with Adaptation to the Iranian Legal System
Context & Objective: Legal risks, defined as the effects of legal uncertainties on organizational objectives, are among the most critical threats and opportunities facing modern entities. They manifest across contractual, compliance, regulatory, intellectual property, and third-party liability…
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The Influence of Penal Populism on Community Punishments: A Critical Analysis of Judicial Blogging
Context & Objective: The expansion of social media has facilitated the growth of online content creation across various professions, recently encompassing the judicial sector. Judicial blogging is a novel phenomenon where judges publish verdicts, hearing details, and legal opinions on dedicated…
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A New Perspective on the Modification or Transformation of Islamic Inheritance Rules (Irth)
Context & Objective: The passage of time necessitates the exploration of emergent legal issues (Masa’il Mustahdatha) to find suitable solutions for modern societal challenges. In the specific context of Islamic inheritance law (Irth), it is necessary to question whether the ancient rules remain…
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Feasibility of ‘Relative Legal Incapacity’: From the Perspective of the Concept of Incapacity (Hajr) and the Exemplary Nature of Its Enumerated Grounds in Shia Jurisprudence and Iranian Law
Context & Objective: This research addresses the concept of Hajr (legal incapacity) within Shia jurisprudence and Iranian law, prompted by the complexities of modern economic life. In specialized fields like financial markets, individuals who are legally competent [Rashid] may still lack the…
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Methodology of Maxim Formulation in Imāmī Jurisprudence
Context & Objective: Methodology plays a critical role in structuring scientific discourse and fostering the dynamic evolution of its foundational issues. Despite the unparalleled utility and influence of jurisprudential maxims (qawāʿid fiqhiyyah, foundational legal principles that govern numerous…
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The Inflation of Criminal Law as a Reflection of the Paradox of Freedom and Control in Modern Thought
Context & Objective: In recent decades, numerous legal systems have encountered the inflation of criminal law, defined as the exponential proliferation of statutes, expanded criminalization, and unprecedented growth in prison populations. This shift indicates that criminal law frequently functions…
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Contracts are Subject to the Parties' Intentions: An Islamic Jurisprudential Reexamination of the Principle of Contractual Freedom Based on the Views of Mir Abd al-Fattah Maraghi (d. 1834 CE)
Context & Objective: The principle of the sovereignty of intention and contractual freedom plays a significant role in Iranian positive law, notably referenced in Article 10 of the Iranian Civil Code. The rule "al-'uqūd tābi‘ah lil-quṣūd" (contracts are subject to the intentions) is frequently…
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Mechanism for Protecting Developing Ideas as an Intellectual Asset in Iranian Law: Foundations and Methods
Context & Objective: In the knowledge-based economy, a developing idea represents a highly vulnerable intellectual asset positioned midway between a mere abstract concept and a fully realized, registrable innovation. While it serves as the critical foundation for technological and commercial…
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تکامل هیدروژئوشیمی و برهمکنش آب - سنگ چشمه های کارستی آبگرم الله اکبر درگز، استان خراسان رضوی
بررسی تکامل هیدروژئوشیمیایی چشمههای آبگرم با تحلیل برهمکنش آب و سنگ میزبان، امکان شناسایی مسیرهای جریان، فرآیندهای انحلال، تبادل یونی و کیفیت آب را فراهم میکند. در این پژوهش، رفتار شیمیایی چشمههای کارستی آبگرم و سرد ارتفاعات اللهاکبر درگز، استان خراسان رضوی، با هدف تبیین منشأ و تحولات…
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