List of Articles جبر

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  1 - Comparative study of moral damage in Iranian and Egyptian law
  Hasan  Ajdari Nejad Ali  Almasi Iraj  Pour Erfan
  For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter More

  For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it. Manuscript profile
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  2 - Compensation for Losses Caused by Increase in Prices of Object of Sale and Security against Faults in Tille
  Pouria  Razi
  The mechanism envisaged by the Civil Code regarding the guarantor of a security against faults in tille, economically, makes a large part of the damage indemnified, especially damage caused by the difference in price of object of sale. The uniform practice verdict No. 7 More

  The mechanism envisaged by the Civil Code regarding the guarantor of a security against faults in tille, economically, makes a large part of the damage indemnified, especially damage caused by the difference in price of object of sale. The uniform practice verdict No. 733, while posing the same question, has seen it as damages caused by the devaluation of currency. However, the fate of the possibility of obtaining compensation due to the difference in prices of object of sale is unclear. The remedies proposed by lawyers to compensate for these losses will remove the security against faults in tille from its original form. It seems that by studying the exact nature of today's currency as an exchange commodity not consumed, it would not only be possible to clarify the liability for this loss, but also to define the security against faults in tille in accordance with the new concept of currency. Manuscript profile
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  3 - Themes of Love and Determinism in the Naturalistic Stories by Sadegh Chubak
  Nasrin  Hallajan Parvin  Dokht Mashhur Mehdi  Norouz Mahboubeh  Zia Khodadadian
  20.1001.1.23833279.1399.10.40.7.1
  Love and determinism ‎are the most prominent themes of Persian literature. Determinism ‎is opposite to the highly frequent term Free will. Love in its spiritual aspect is reminiscent of the mysticism of the Divine Atonement, both physically and according to its instinct More

  Love and determinism ‎are the most prominent themes of Persian literature. Determinism ‎is opposite to the highly frequent term Free will. Love in its spiritual aspect is reminiscent of the mysticism of the Divine Atonement, both physically and according to its instinctual origin, and is known as earthly love. The current paper aims at examining, describing, and analyzing Sadegh Chubak Naturalist fictional works to study his view of Earthly and Physical Love and Human Fate. The animal nature of human in these stories as an overbearing, lustful creature is portrayed in a naturalistic view, and love is presented as a legitimate experience in the form of physical and gendered desire and determinism, that is, human beings - has to comply with biological requirements, and fails to exercise the will of man to submit since destiny is inevitable. In his stories, Chubak relies on the influence of modernism on fate, ambiguity and inheritance on characters Manuscript profile
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  4 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
  Masoumeh  Ghadirian Mozafar Bashokouh Alireza  Lotfi Dudran
  20.1001.1.23833279.1399.11.41.12.1
  The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna More

  The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile
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  5 - Moral approach to compensating for the spiritual damage caused by the decline of reason in jurisprudence and Iranian law
  Mohammad  Ferdosi Pour MOhammadReza Kazemi GolVerdi Hossein  Ahmary
  20.1001.1.23833279.1400.11.44.8.7
  The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurist More

  The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurists have tried to provide a logical definition of spiritual damage. Damage is not limited to financial losses, but spiritual damage damages and damages the most important dimension of human personality, which is its spiritual and spiritual dimension. However, in jurisprudence, compensation for material damages in both positive and negative types has been strongly and frequently considered and revised in Iranian jurisprudence and criminal law. However, the issue of "spiritual damage" still has much to do with the current laws and even jurisprudence. This article seeks to pay attention to the importance of reason in Islamic penal laws and criminal procedure and the methods of compensation for damages due to its loss or decline, using a descriptive-analytical method and considering jurisprudential and legal sources. Finally, with the aim of removing ambiguity from Qunin and emphasizing the spiritual rights of reason and by examining and analyzing the legitimacy of "spiritual damage" and how to compensate it by studying the current laws, especially the new criminal procedure and Islamic Penal Code, as well as civil liability and Its application to the rules of jurisprudence, such as the rule of no harm, the denial of hardship, pride and waste, as well as the examination of the rule of reason, we will conclude that spiritual damage can be claimed. Manuscript profile