مقالات فارسی
Publication Date: 2018/09/23
مطالعات حقوق خصوصی (25885618)(3)pp. 511-528
"Good morals" and "public order" should be regarded as the source of the rule of law and legal propositions so that they have not only a negative role, but also have a positive function. These two sources like other sources are affected by the basis of rules validity in legal system as far as pluralism in legal basis results in different types of "good morals" and "public order". Defining the type of hierarchical relationship between "public order" and "Good morals" also depend on the type of hierarchical relationship in the foundations of legal rules validity; so that we can say in Iranian legal system, "religious good morals" and "religious public order" have credit priority. The difference between "Good morals" and "public order" is not a kind of substantive one, but also is phasic. "Public order" is statutory and legal propositions derived from "good morals" are non- statutory. In other words, "Good morals" is a reminiscent of the duality of rights and the law.
Publication Date: 2025/06/22
مطالعات حقوق عمومی (24238120)(2)pp. 1081-1102
A holistic view of classical international law presents an image of a collection of scattered consensual rules, where coordination as a cohesive and integrated whole is not necessarily observed among these rules. Such a collection cannot benefit from a normative order that includes a hierarchy of rules and guarantees fundamental rights. Nevertheless, later legal scholars have described international law as a "system" of law. This research, employing a descriptive method, seeks to validate this claim and demonstrates that, firstly, the prevalent objectivism in all components of international law, alongside the multitude of active and passive interest-driven actors in the international community, seemingly hinders the acceptance of a structural system; secondly, newer approaches inevitably embrace subjective values, resulting in a goal-oriented convergence within the international community. The outcome of this thesis and its antithesis is that international law is still evolving, and a normative reading utilizing existing capacities enhances its structuring.
Publication Date: 2015/12/22
مطالعات حقوق خصوصی (25885618)(4)pp. 583-603
Iranian legal system has been established based on Imami Jurisprudence and its main sanction against violating the established rules on validity of contract is nullity. Moreover, there are other concepts such as relative nullity or null amendable in law, but not as a general rule of law. While Afghanistan's legal system, in addition to rules of null and ineffective sanctions, recognized and confirmed another general rule based on the Hanafi jurisprudence as "Fasîd" (Vitiation) that causes the Nullity in this legal system to have grades, and in cases whereby the contract is amenable, its nullification is prevented and the contractual relationship of parties continues. Such concept could also enter the Iranian legal system, not with all its consequences, however, as a rule and replacement to concepts of the specific.
Publication Date: 2014
Social Sciences (discontinued) (18185800)9(2)pp. 118-123
In 1928, the Iranian legal system was approached the Western and Roman-Germanic legal system formally, though it was coordinated with Islamic Law in content. There is no separate section under the tide of contract law in Iranian civil code but most of the legal Articles related to the contract law are listed in contracts and obligations from the article 183 onward. Articles 264-300 of civil code of Iran deal with the discharge of obligations. According to article 264, obligations can be discharged in one of the ways including fulfillment of obligation, cancellation by mutual consent, release from the obligation, substitution of different obligation, set off and recoupment and acquisition of the debt. This study, aims to identify the legal system and discharge of contractual obligations in the civil law of Iran. This research study is of library type and uses descriptive methodology. © Medwell Journals, 2014.
