Private Law
Nahid Safari
Abstract
Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area ...
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Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area in most legal systems, the legal aspects of this situation have not been adequately explained. The issue of the life or death of these patients is one of the important issues for explaining the legal status of patients in a vegetative state. In this study, according to the religious and jurisprudential concept of death according to the sanctity of the right to life and with the similarity with the regulations governing the incapacity, the view of being alive has been accepted and according to this view and with a comparative approach, the legal effects of vegetative state has been analyzed. The selection of a guardian and trustee and the transfer of financial affairs to them, the possibility of seeking divorce due to circumstances created by the spouse in a vegetative state, and the termination of personal contracts are the most important legal effects that have been accepted in this study
MOJTABA SHAFIEI; QODARZ EFTEKHAR JAHROME
Abstract
Propagation is one of the things imaginable about property. In this case, instead of the ownership of the property in general, it belongs to one person, two or more persons own the property. In the case of distribution, the ownership of the partners is in all components, so that each part of the property ...
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Propagation is one of the things imaginable about property. In this case, instead of the ownership of the property in general, it belongs to one person, two or more persons own the property. In the case of distribution, the ownership of the partners is in all components, so that each part of the property that is considered is shared by all partners, and no partner can have any exclusive claim against the part of the property. The question is, does one of the partners have the right to rent the property to another? There are two general points in this regard and it is accepted in Iran's law following the famous jurisprudence of the Imams. There is also a controversy in Egyptian law, but in the end, the rights of this country, with a decree, have been passed to the acceptance of the theory of the rentier rentals Is. However, both in the doctrine and in the judicial system of the country, there are sometimes opposing views on the inaccuracy of mortgage lease. In the present article, the concept of hire-rent, the basics of admission, has been investigated.
Hamidreza Nikbakht; Ahmad Hemati Kalvani
Abstract
Article 139 of the Constitution of the Islamic Republic of Iran, which restricts and binds the referral of litigation regarding public and State property to arbitration, for obtaining an approval from the government and the parliament, has led to different views and legal opinions. In general, they can ...
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Article 139 of the Constitution of the Islamic Republic of Iran, which restricts and binds the referral of litigation regarding public and State property to arbitration, for obtaining an approval from the government and the parliament, has led to different views and legal opinions. In general, they can be categorized into “literalist” and “realist” theory”. The result of literalist theory is that article 139 applies to any dispute that on the one hand, there is the State, and it has been agreed upon by arbitration and thus if any dispute exists, it will be resolved by arbitration in which, it should obtain an approval from the government and the parliament, otherwise, the arbitration will not be valid. According to this view, article 139, in general, is not economically beneficial for the State and therefore it must be thought upon. In contrast, there is the realist theory which can be a response to the literalist theory and holds that, with a rational and principled interpretation, the principle can be freed from the problems which are arisen by former theory and also the dynamics of principle 139 is useful for the State in terms of national interest
elham soleiman dehkordi; Seyed Mansour Mirsaedi
Abstract
Financial Information has an important role in economic growth and development of trade competition system. It is considered in different sciences such as economics, accounting and so on. Nevertheless , one of the important challenges in this regard is the recognition of financial Information, ...
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Financial Information has an important role in economic growth and development of trade competition system. It is considered in different sciences such as economics, accounting and so on. Nevertheless , one of the important challenges in this regard is the recognition of financial Information, because by exploring this concept and its significance, the legislator can foresee civil and criminal arrangements for protecting this information. In relation to the meaning of this information, there are four possibilities. According to the first possibility, financial information is solely one of the instances of trade secret and is concerned with intellectual property law. According to the second possibility, financial information is the information in which any misuse leads to commercial and property loss. According to the third possibility, information that affects three constituent of expense, revenue and investor’s rights, is financial. According to the fourth possibility, information that has financial value is considered to be financial information. Among these possibilities, the fourth possibility is compatible with legal logic, because financial Information conforms with all of the criteria for being property.
