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    • List of Articles liability

      • Open Access Article

        1 - Legal and moarl effects of false advertising
         
        we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can s More
        we should account the advertising as a basic Element in the fate of countries, that role plays in both internal and International domain. Sometimes, the advertising is untrue, and includes some Properties that they are not in present goods or specific services .we can study this kind of advertising, in different aspects. From these aspects, we can name the legal and moral effects of false advertisings on human rights, society and Audiences. If the ads contain false, they are searchable in Ethics, In addition to the contractual relationship as breach of contract, and in civil liability. The main question of this Article is that what legal liability for false advertising is, and what are effects on contract between the parties, and also what are morally adverse effects on the audience and the community Manuscript profile
      • Open Access Article

        2 - Civil liability of a lawyer to a party and his religious and moral rights
        Alireza  Karimi Larimi seyed hosein safaii
        This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that More
        This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that the lawyer of the judiciary in contrast, the legal conflict, will have responsibility or not? There has long been no consensus on this matter, and a traditional view holds that even the notion of responsibility for a lawyer will eliminate his focus on defense and prevent this concern in the area of responsibility for the good defense of the lawyer, but the new theory and career requirements and the lawyer's profession leads to the recognition of the attorney by providing conditions, and the legal assignments, as well as the affirmation of the third party's liability for the lawyer, are suing. Manuscript profile
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        3 - Jurisprudential and ethical analysis of business risk and comparing it to Garar with an emphasis on general rules of revenue generating risk
        Seyyed Mohammad Sadegh  Mousavi Ruhollah  Raisi
        "With technological development and increasing needs of societies, new economical transactions have been formed in societies in which risk has been embedded in the heart of these transactions. Risk in its literal meaning is “The danger resulting from uncertainty about a More
        "With technological development and increasing needs of societies, new economical transactions have been formed in societies in which risk has been embedded in the heart of these transactions. Risk in its literal meaning is “The danger resulting from uncertainty about a possible occurrence of an incident in future”. Risk is a necessity for most of national and international commercial activities. In addition, in ethical perspective, humans’ development in individual, social, and economical, etc. aspects are guided by human’s behavior and decisions. It is obvious that realization of this aim is possible in certain and usual situations. However, in risky situations where a human is uncertain about or unaware of the consequences of his action, it seems difficult to make a decision that is in line with ethical norms. Hence, the present study in addition to analyzing business risk and comparing it to Gharar , aims at answering this fundamental question: what are the fundamentals of jurisprudential legitimacy and ethical narrative of revenue generating risk? The current study by using a descriptive-analytical method will show that: first, Gharar arises from ignorance or risks related to the pillars of contract and its outcome in transactions is the unfair increase in ones’ wealth to the detriment of the other one in the contract. However, risk in business is related to the future of invested capital and it has no relation with pillars of contract. Meanwhile, any profit or loss from business risk is a consequence of economic changes in supply and demand. Second, legitimacy of revenue risk as the superstructure can be inferred from the analysis of general jurisprudential rules on revenue generating risk with the centrality of the rule “Al-kharaj bial-ziman (profits against ‎liability)”. Third, in ethical perspective, a risk is considered legitimate if it is taken wisely and fairly and is based on individual and social interests. " Manuscript profile
      • Open Access Article

        4 - The civil and moral responsibility of the government in applying financial policies based on the criterion of heavy fault
        ghafour Khoini abolhassan mojtahed soleimani amirhossein bahreini
        The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial More
        The civil responsibility of the state is a challenge that has been challenged since the formation of modern-day local governments and has experienced many downs and downsides. One of the relatively newer arenas in this area is civil liability due to government financial policies. These policies have greatly influenced the fate of the people and economic activists, and occasionally caused a lot of damage to them. Accordingly, it is necessary to examine the nature of these policies in terms of the category of governance or business, the possibility of compensating for the damage and the basis for this compensation. At the end of this research, it will be clear that the application of financial policies can lead to civil liability of the state, if it is due to the heavy fault of the government or its agents. The basis for this compensation is based on the general theory of fault. Therefore, in the examples of the government's heavy blame for financial policies, such as the application of financial policies, regardless of the state of the country or the lack of monitoring of the implementation of policies and the like, should not cost the government such actions. Manuscript profile
      • Open Access Article

        5 - The Role of Auditors' Social and Professional Responsibility Insurance on Audit Risk and Audit Quality Using the Delphi Approach and Structural Equations
          Ali  Khozain    
        This research investigates the role of auditors' social and professional liability insurance on the risk of reputation and quality of audit using the Delphi approach. One way to eliminate risk is to transfer risk, and since auditors may face some risks for various reaso More
        This research investigates the role of auditors' social and professional liability insurance on the risk of reputation and quality of audit using the Delphi approach. One way to eliminate risk is to transfer risk, and since auditors may face some risks for various reasons, such as failures, professional liability insurance is at stake for them. This study was conducted using a Delphi approach based on 95 questionnaires completed by the auditors in 2018. Using by Structural Equations the results of the first hypothesis showed that independent auditors consider social and professional liability insurance to reduce the risk of their reputation and there is a negative and significant relationship between social insurance and professional liability insurance and the risk of auditors' reputation. The association with the second hypothesis of the results showed that social and professional liability insurance would reduce audit quality Manuscript profile
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        6 - Intrinsic dignity and protection of human personality in the context of the fundamentalization of civil liability rights
        امیر  نجفی قامت Ebrahim Shoarian Hasan  Phashazadeh
        The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizon More
        The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizontal relations between individuals and subjects of private law. The Influence of Fundamental Human Rights on Civil Liability Rights, while legitimizing traditional rules, provides the basis for the development or redefinition of certain concepts and, ultimately, the effectiveness of civil liability rights. The purpose of this study is to investigate the effects and results of fundamentalism in the field of civil law and responsibility by descriptive-analytical method. In short, due to the common examples between concepts such as rights related to personality and fundamental rights, such as human inherent dignity, the right to health, autonomy and individual independence, the right to reputation and the need for privacy rooted in individuality. They have human beings, this relationship is two-way and it is much deeper than the relationship between other branches of private law and fundamental law, while there is a kind of overlap between the two. Legislation based on inherent human dignity and normative values, interpretation of existing laws based on justice and fairness, protection of legitimate rights and interests, redefining the concept of fault, full compensation and development of claimable damages, including the fundamental effects of this branch of law. It is private. Manuscript profile
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        7 - Examining the moral responsibility and duties of the government towards responsibilities outside the will
        Mohsen Lezgi Hossein Saberi Seyed Mohsen Jalali
        The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important More
        The government's responsibilities towards involuntary civil responsibilities are important and fundamental issues that have not been addressed much. At the same time, the government's duties in this regard, given the growing importance of citizens' rights, are important and necessary issues for discussion. The main question that has been raised and examined in this article in the present article is what is the responsibility of the government from events from its moral and legal point of view? What are the jurisprudential principles, moral and legal principles, conditions and duties of the government towards responsibilities beyond its control? The present article is descriptive-analytical and examines the mentioned questions using the library method. The results of the article indicate that in Iranian law, the government is committed to responsibilities beyond its control. The theory of equality of citizens, the theory of distributive justice, the theory of guarantee of rights, the observance of the rule of justice and the theory of the insuring state are the moral and legal foundations of the government's responsibility for unintentional events. Lack of reason or his inability to pay the ransom, the judge's mistake in judging the government's duty in the event of an accident, and the government's obligation to pay the ransom for traffic accidents (bodily injury insurance fund). One of the most important examples is the responsibility of the government towards responsibilities beyond its control. Manuscript profile