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    • List of Articles اراده

      • Open Access Article

        1 - The preference of inner will for the apparent will in interpreting business contracts based on moral justification
        hossein moridifar Reza  Sokooty nasimi Naser  Masoudi
        Contract interpretation is one of the problem areas in the contracts. There are many basics for interpreting the contract. Approximately the principles of interpretation have been considered in various legal systems. One of the principles presented for interpreting the More
        Contract interpretation is one of the problem areas in the contracts. There are many basics for interpreting the contract. Approximately the principles of interpretation have been considered in various legal systems. One of the principles presented for interpreting the contract is the discovery of the truth based on the will of the parties. It is customary to create conflict between the will of the individuals (dominant and externally) in the field of contracts. Conflict arises from the real and declared will of individuals. In most legal systems, contract interpretation and conflict resolution are preferable to real and inner will, in such a way that if true, the true intention of the parties is other than that which has been expressed, the real will will be preferred, which ethics also accepts. And this issue has been accepted in jurisprudence, Iranian law and EU law. On the other hand, English law has a different approach to these systems, although it is possible that ethics will not accept this interpretation in some cases. In the current research, regardless of the views of researchers in this field, the actual and internal will, with moral justification, is preferred to the will expressed. Manuscript profile
      • Open Access Article

        2 - The ethical obligations of the parties in oil bunk contracts in Iran
        zohre azadi Abdullah  Nasri
        The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More
        The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile
      • Open Access Article

        3 - 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
      • Open Access Article

        4 - Obstacles to the principle of the rule of will and the place of good morals in banking contracts
        Ali  Dizaji Behshid  Arfania ali reza mazloom rahni
        The principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted i More
        The principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted in the lack of will and sovereignty of the will, but are rooted in materials that are themselves relative and variable, so these obstacles can not be considered as obstacles to the rule of will, but these obstacles in the implementation and effectiveness stage. Are effective in position. Of course, this does not mean giving too much credit and expansion, because the need for supervision in the legal world is undeniable, but supervision does not mean restraint. As a result, the conditions stated in the banking contracts should not contradict the bank rules and regulations. In any case, observance of the bank rules is necessary and necessary, and if a special condition or rule is included in the contract contrary to the banking rules, the customer can The court will request its annulment. The aim of this study was to investigate the barriers to the flow of the principle of the rule of will in banking contracts in a descriptive-analytical method. Manuscript profile
      • Open Access Article

        5 - Humanism in Nasim Marashi's "autumn novel is the last season of the year"
        Javan  Mohammad Ali َAbdollah toloeiazar
        Humanism is a concept that originated in Europe, spread throughout the world, and blended with different cultures. With the growth of human-centeredness, man became acquainted with his true position and position. Although sometimes man did not find his true dignity, but More
        Humanism is a concept that originated in Europe, spread throughout the world, and blended with different cultures. With the growth of human-centeredness, man became acquainted with his true position and position. Although sometimes man did not find his true dignity, but with the familiarity of man with his position, he always tried to gain this dignity. The main purpose of this article is to study the components of humanism in Nasim Marashi's novels. The research method is descriptive-analytical. The result of the article indicates that in Marashi's works and especially in the novel "Autumn is the last season of the year", elements such as rationalism, individualism, realism, human will, etc., which are the main features of humanism, can be observed. Manuscript profile