The Evolution and Effects of the Concept of Custodian’s
Permission for Virgin Girl Marriage
Shaban
Haghparast
استادیار فقه و مبانی حقوق اسلامی دانشگاه امام حسین (ع)
author
Samad
Yousefzadeh
دانشجوی دوره دکتری حقوق خصوصی دانشگاه تهران پردیس بین المللی کیش
author
text
article
2015
per
The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these three aspects raise thisquestion: Is it principally necessary to have permission of the girl's gardener,before or after the marriage, in order for formal marriage to be treated as trueor false? If the answer is negative, what is the meaning of the first part of thisArticle adopted in 1991? Does the marriage of virgin girl that reached thepuberty age require her gardener or her father grandfather’s permission? Tothis end, the necessity of not having the virgin girl’s gardener permission, nomatter before or after marriage, existed in the nature of marriage. The virgingirl gardener’s permission is legally for registering the marriage. Thegardener’s right to end her daughter’s marriage by terminating the marriage ordivorce through her daughter’s request is an approach which is to beconsidered in this article by analysing it as the legislator's view.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
9
35
https://jplr.atu.ac.ir/article_1730_aa3c6fc17dc181e25b884bfb8501b709.pdf
dx.doi.org/10.22054/jplr.2015.1730
Salvage under Common Law and Salvage Convention
Abdol Hossein
Safaei
استادیارحقوق بین الملل دانشگاه آزاد بوشهر
author
Mohammad Kazem
Nezarat Moghaddam
کارشناس ارشد حقوق بین الملل
author
text
article
2015
per
Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds to do this operation normally performs another job. By this operation,the vessel breaches her job contract. The rescue ships usually incur a lot of costsand damages in order to perform rescue operation. There are always manychallenges regarding costs and damages of rescuer in addition to the damageswhich the vessel may cause to the rescued ship. The rescue operation is a legalduty of ship masters; however, there should be a logic and legal method forcompensating the damages. This job is carried out either for the purpose of aneconomic interest or it is done morally on the basis of beneficence. This article,first, deals with legal aspects of the rescue and salvage operations on basis ofinternational conventions, common law, civil law and Iranian law. It thenexamines different methods for compensation
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
37
59
https://jplr.atu.ac.ir/article_1731_7a7c8cd0660a28c0ab8a08d1437482ce.pdf
dx.doi.org/10.22054/jplr.2015.1731
Automatic Stay In Prosecuting the Bankrupt
Mohammad
Isaeei Tafreshi
استاد حقوق خصوصی دانشگاه تربیت مدرس
author
Morteza
Shahbazinia
دانشیار گروه حقوق خصوصی دانشگاه تربیت مدرس
author
Habib
Ramezani Akerdi
دانشجوی دکتری حقوق خصوصی دانشگاه تربیت مدرس
author
text
article
2015
per
In dealing with the bankruptcy regime, the legislator requires legal entities tomanage this regime for specific purposes. One of these legal entities that plays asignificant role is “automatic stay”. This legal entity is designed to preventindividual action of creditors. Different factors play a role in the efficiency andinefficiency of the automatic stay. The main reasons for efficiency are increasingthe value of property of the bankrupt and reducing costs. The main cause ofinefficiency is the redistribution of wealth. In Iranian law, a limited scope andthe lack of enforcement of the automatic stay are regarded as main reasons forinefficiency of this legal entity. In the United States, the scope of automatic stayis wider than Iranian law, and this legal entity can be enforced in the former.Theautomatic stay is unavoidable in Iranian law, whereas there are different viewsin U.S. law in this regard.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
87
107
https://jplr.atu.ac.ir/article_1732_e85304912606f186edb97662242d5a17.pdf
dx.doi.org/10.22054/jplr.2015.1732
Abuse of Right in Private International Law
Reza Maghsoudi
Maghsoudi
استادیارگروه حقوق دانشگاه گیلان
author
text
article
2015
per
The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront withthe abuse of right. Different legal systems have, however, adopted differentapproaches by considering historical origins and social structures. In commonlaw tradition, forum shopping rule has been used for declining jurisdiction,whereas civil law system is unfamiliar with this concept. On the other hand,while evasion is, historically, regarded as one of the obstacles to theenforcement of foreign law in civil law regime, public policy and mandatoryrules are the only barriers in the enforcement of foreign law in common law. InIranian law, none of these rules have been formulated and as a result, theadaptation of these concepts with general principle is difficult.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
109
129
https://jplr.atu.ac.ir/article_1733_a016038f9d3a7f7a12db0dfe1a8c27c6.pdf
dx.doi.org/10.22054/jplr.2015.1733
Moral Foundations of the Rule of Freedom of Forms in
Jurisprudence and Iranian Law
Sam
Mohammadi
دانشیار حقوق خصوصی دانشگاه مازندران
author
Mehdi
Fallah
دانشجوی دکتری حقوق خصوصی دانشگاه مازندران
author
text
article
2015
per
To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation and freedom of forms. This paper just argues that the most importantrule set forth in the principle of freedom of contract means freedom of formsbecause of the extension of subject. By exploring verses, reports, Jurisprudentialand legal sources, it can be stated that the rule of freedom of forms embedded inthe principle of freedom of contract is rooted in moral principles, such asgeneral principle of loyalty to the covenant and compliance of action with intentthat entered into legal system in the form of freedom of contract principle afterbeing adjusted and reformed.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
109
129
https://jplr.atu.ac.ir/article_1734_0f38e91f8035339fa60420041a195546.pdf
dx.doi.org/10.22054/jplr.2015.1734
Possibility of Full Compensation for Damages:
A Comparative Assessment under the Principles of
International Commercial Contracts, Vienna Convention
on Contracts for the International Sale of Goods
Amir
Vatani
استادیار فقه و مبانی حقوق اسلامی دانشگاه خوارزمی
author
Sayyed Ghasem
Zamani
دانشیار حقوق بین الملل دانشگاه علامه طباطبائی
author
Jafar
Zanganeh Shahraki
دانشجوی دکترای تخصصی فقه و حقوق خصوصی دانشگاه خوارزمی
author
text
article
2015
per
Compensation for damages arising from a breach of contractual obligationsshould place the injured party in the position he would have been in had thecontract not been breached. By accepting the idea of full compensation, theUNIDROIT Principles of International Commercial Contracts as well as theConvention on Contracts for the International Sale of Goods (1980), judicialprecedents, and international arbitration awards have recognised this approach.Despite the recognition of the principle of compensation, this theory is subject tocontroversy in Iranian law, particularly in the event of damages caused by theloss of anticipatory benefits. From justice and economic efficiency perspectivesand for the sake of adapting Iranian commercial rules with ones reflected ininternational trade instruments, and for considering the affirmative religiousjurisprudential principles, it is recommended that effective steps should be takentowards the removal of all existing legal barriers in Iranian law.
Private Law Research
Allameh Tabataba’i University
2345-3583
4
v.
12
no.
2015
131
165
https://jplr.atu.ac.ir/article_1741_451fcd150cdac18e5c259a48504189f9.pdf
dx.doi.org/10.22054/jplr.2015.1741