List of Articles ضمان

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  1 - 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
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  2 - Criminal Sanction of infringement of Trade Secrets, in the imamiyya Jurisprudence, Iranian and united states Laws
  ali bigzadeh Jafar  Kousha seyed bagher mirabbasi
  Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and develo More

  Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and developing countries to formulate special legal rules for the criminal protection of this valuable asset. In this article, following the disclosure of intellectual property, trade secrets and its taxes, and some concepts related to this issue, and finally the evaluation of the criminal protection of trade secrets from the perspective of Imamiyya jurisprudence, the rights of Iran and the United States have been investigated. The results indicate that the opposition of the jurisprudents to the principle of intellectual property protection lacked legal reasoning and did not explicitly mention the criminal law, and that Iran's right to full protection of trade secrets was ineffective and weak, but American law and practice in this country have a favorable criminal law protection for any kind of infringement of trade of the development of this article.secrets. Manuscript profile
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  3 - 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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  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