Habibollah Rahimi; Fatemeh Torof
Abstract
Since 1971, and concurrent with the dissemination of John Rawls’s theory of justice, his views on the concept of justice and its execution in the society has been at the forefront of the recent theories in the twentieth century. In the second principle of this theory (called the principle of difference) ...
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Since 1971, and concurrent with the dissemination of John Rawls’s theory of justice, his views on the concept of justice and its execution in the society has been at the forefront of the recent theories in the twentieth century. In the second principle of this theory (called the principle of difference) Rawls focuses on substances such as distributive and redistributive justice, material justice, inequality in favor of the poors and vulnerable deciles and ensuring welfare for all. As we do not expect law and specially the branch of civil responsibility to be indifferent to new approaches toward justice, this essay tries to analyze the first article of the Iranian civil responsibility Act in the context of Rawls’s theory.It is assumed that this article plays an important role in the legal system in this country. From the authors point of view the discussed article contains some characteristics like following legal formalism, centralization on formal justice (vs. material justice) and tendency to execute corrective justice (vs. distributive or redistributive justice). These features lead to obvious differences with Rawls’s considered approach about justice and equity.
HABIB RAHIMI; saeede alizade
Abstract
Severe fluctuations in prices can cause a distortion of the balance of considerations, particularly in long-term contracts, such as construction contracts. One way to reasonably reduce the risk of unforeseen costs due to price fluctuations in raw materials and manpower is to design a contract price adjustment ...
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Severe fluctuations in prices can cause a distortion of the balance of considerations, particularly in long-term contracts, such as construction contracts. One way to reasonably reduce the risk of unforeseen costs due to price fluctuations in raw materials and manpower is to design a contract price adjustment system. Since Iranian law is substantially influenced by the state economy, large-scale economic activities are carried out directly by the state. In general contracts, based on Article 23 of the Program and Budget Act, the general terms of contracts are the basis for drafting governmental contracts of which the standard model is FIDIC contracts. In general contracts in Iran, the government, as a regulatory body, has a direct involvement in the implementation of this type of contracts. Hence, the analysis of the nature and basis of moderation in the general terms of contract is subject to controversy. This article strives to examine the nature and basis of the moderation clause in general terms of the contract and to compare it with FIDIC contracts.
Habibollah Rahimi; Mahdis Khayati Gargari
Abstract
Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ...
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Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ,regarding to Acts and judicial precedent in police civil liability, about this subject (contributory negligence). In this regard, Iranian legal system in encountering police with guilty or accused people, requires Innocence of injured people as one of elements of police civil liability.
Additionally the approach of police and injured in creation of loss, has various Assumptions that contribute both of them in creation of loss, is the most complex among them. judicial precedent ,also, don’t follow the one opinion and consider different issues like legal standards, wasted blood person etc; in terms of approach and negligence of injured and police.
Habibolaah Rahimi; Mohammad Ghasem Hajiyan
Volume 2, Issue 7 , March 2015, , Pages 89-118
Abstract
One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy ...
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One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy makers to seek for effective rules and regulation. Although numerous researches have been carried out in relation to this area, their analysis is not based on local law. The goal of this article is, rather, to elaborate major elements of civil liability for driving accidents by conducting an economic analysis based on local law.
Habibollah Rahimi; Zohreh Karimi
Volume 1, Issue 2 , February 2013, , Pages 63-87
Abstract
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of ...
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Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of severance of a contract come into existence. The principle of severability of contracts prevents termination of a contract as a whole, in the case of partial breach or non-performance. Thus whenan abstraction is occurred on the way of complete performance, partial performance of a contract is better than termination of the contract as a whole. This rule is the result of the principle of severability of a contract and for non-severability there should be legal or contractual reasons
