Private Law
Mahmoud Kazemi; Hasan Ansari CHeshmeh fard
Abstract
The nature of the Mudarabah contract requires acceptance of benefit and loss at the same time, which has always been the concern of law and economics. The difference of opinion in the application of the guarantee condition in this contract and the different understanding of jurisprudence and its application ...
Read More
The nature of the Mudarabah contract requires acceptance of benefit and loss at the same time, which has always been the concern of law and economics. The difference of opinion in the application of the guarantee condition in this contract and the different understanding of jurisprudence and its application in the law have limited the space for the effectiveness of Mudarabah. It seems that this dispute can be resolved in the context of the modern legal system and with the presence of the school of positivism, which has an emerging role in the subject laws, along with the generality of Muslim jurisprudence. In fact, the result of the interaction of the two schools is the reason for the implicit establishment of sovereignty that positivism refers to in the heart of the laws. This research reveals that the meeting place and the creation of disagreement in the discussion of guarantee conditions in Mudarabah, in line with the rules of the school of positivism, can be resolved by maintaining the ideals of legal and jurisprudential justice and economic efficiency. Therefore, the application of the law in attaching a new contract to Mudarabah is not necessary, and it is possible to explain the investment with the condition that the investor does not guarantee the damage to the capital in the form of identifying a new contract.
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 ...
Read More
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.
