Investigation of the Conflict of Note 3 of Article 3 of the Code of Civil Procedure with the Independence of Judge Mojtahed [PDF]
Judge independence guarantees fair hearing. Famous jurisprudents consider withdrawal of judgment for Mojtahed and consider his sentence to be effective. But according to note 3 of the Civil Procidure code: "If the judge is a mujtahid and consider the law
Tahereh Farmanesh +2 more
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A Study of the Rule of Beneficence in Extinction of Civil and Criminal Liability in Law and Islamic Jurisprudence with an Approach Based on Imam Khomeini’s Views [PDF]
The rule of beneficence, as one of the elements for extinction of liability, is practiced both in Imamiyah jurisprudence and civil law. By virtue of this rule, when a person imposes harm to life or property of another person with an intention of doing ...
Yasaman saeidi
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The Validation of Generalizing the Kafir’s Testimony against Muslim in Civil Cases [PDF]
Testimony is one of the evidences for proving a case to court which has been accepted by all legal systems. Testifying is sometimes between Muslims against each others, Muslims against unbelievers, unbelievers against Muslims and unbelievers against ...
Abolfazl Alishahi Qaleh Juqi +2 more
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A Glance at Signification of Narratives on “Hunting Dogs” with an Emphasis on Imam Khomeini’s Attitude [PDF]
The sale of dogs is one of the long-lasting arguments in jurisprudents’ books. Since arguments center round narratives apparently authorizing dog sale for “hunting” purposes, renowned early jurisprudents argue that the sale of non-hunting dogs is not ...
Meisam Shoaib +2 more
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A Proposition in an Acratic Marriage in Interreligious Marriage [PDF]
The famous jurists of Imamiyah and, consequently, the Iranian civil law, consider the consent of couples in marriage to be a condition of the influence of marriage and consider marriage to be non-observant؛ So that if Makrana allows the contract after ...
Marzieh Ferdowsi Dolat Shanloo +2 more
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Waiver (Abrogating, Abolishing) of the Right to Accept the Occurrence (Contingency) of a New Defect with Compensation (Criticism of Clause 3 of Article 429 of the Civil Code) [PDF]
According to the well-known (dominant) views of jurists, abolishing of the right not to accept the occurrence (contingency) of a defect to the customer has stipulated in the third clause of article 429 of the Civil Code and has not limited it to non ...
Muhammad Reza Kaykha +2 more
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Reforming Energy Law at a National Level [PDF]
This short chapter provides a brief introduction to the key steps of how to reform energy law. Initially, there is a need to understand energy law and its origin and its relationship with other disciplines through the energy life-cycle.
Heffron, Raphael J
core +2 more sources
Preventive Measures to Prevent the Husband from Abusing His Rights [PDF]
In Islam, the husband has been granted some special rights and privileges so that he can perform the duties he has shouldered in the best way. Having some rights and previliges such as ruling over the family, divorce, sometimes husband abuses his ...
mohammad najjari, shahnaz vaziripour
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Jurisprudential Investigation of Wife’s Inheritance from Land by Emphasizing Famous Arguments of Later Scholars and Seyed Murteza [PDF]
Concerning the subject of the wife’s inheritance from land, which is an adjunct issue in the field of women inheritance, various perspectives have been raised in jurisprudential books. Different perspectives, which have originated from different scholars’
Sayyed Alireza amin, Ashkan Naeimi
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Roman judges, case law, and principles of procedure [PDF]
Roman law has been admired for a long time. Its admirers, in their enthusiasm, have sometimes borrowed ideas from their own time and attributed them to the Romans, thereby filling some gap or fixing some anomaly.
Metzger, E.
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