Number 6 Volume 3

Open Access Article

1 - Application of Evidences on Liability against Deception in Supporting Consumers
Rohullah Zarchipour

After developments in urban life and industrialization of manufacturing sector that came to the disadvantage of consumers, supporting consumer rights has always been a concern of lawmakers. The obscurity of jurisprudential fundamentals attesting to support of consumer r More

After developments in urban life and industrialization of manufacturing sector that came to the disadvantage of consumers, supporting consumer rights has always been a concern of lawmakers. The obscurity of jurisprudential fundamentals attesting to support of consumer rights, uncertainty over lack of establishing justice between the producer and consumer, and fears over disappointment of producers stand as major obstacles to support this group. This paper is devoted to application of evidences on liability against deception in line with supporting the consumers. These evidences help the person sustaining loss or damage in consequence of deceit to resort to liability against deception. As a result, a consumer with no knowledge of product specifications and deprived of required information on product use due to complexity of the manufacturing process, who has sustained loss or damage, shall receive due support. There are three advantages to consumer’s resorting to evidences on liability against deception: a) In addition to contractual relationships, these evidences are applicable to non-contractual relationships as well; b) They are invokable to losses such as destruction of property and infringement of rights; c) According to the evidences, deceit, knowingly or unknowingly, is a liability to consumers. Resorting to evidences on liability against deception paves the path for joint liability between producers and the chain of vendors which turns to be in favor of the consumer. Manuscript profile

Open Access Article

2 - Fundamentals of Validity of Ownability in Imamiyah Jurisprudence and Positive Laws
Mohammad Mohammad Baramai سيدحسن داودالموسوی

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the proper More

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the property is by definition, the importance of understanding the fundamentals of ownability of a property has further come to light. This paper intends to find a unified criterion for validity of ownability of a property, analyze the criteria set by the jurists, and investigate the strengths and weak points of the expressed criteria. The criterion thus achieved helps distinguishing property from non-property in doubtful cases. Such power of distinction helps us in various issues since ownability is a matter of credibility and the right understanding of ownability and its attachments depends upon acquiring knowledge on credit concepts and its specifications. Therefore, this paper points to some instances of credits. The author of this paper is of the opinion that the major criterion for understanding ownability is the rational approach toward this subject and other criteria expressed are either problematic or abundant. The paper has finally discussed available solutions in case doubts appear in conventional and legal ownability of a property. Manuscript profile

Open Access Article

3 - Legal Investigation on Effects of Abstract Payment Undertakings
Fatemeh Behnam

Abstract payment undertaking is a form of unilateral legal act that upon formation creates mandatory undertaking on the issuing party and as far as the issuing party has not paid the certified fund to the beneficiary, he shall have no right vis-à-vis the beneficiary. Co More

Abstract payment undertaking is a form of unilateral legal act that upon formation creates mandatory undertaking on the issuing party and as far as the issuing party has not paid the certified fund to the beneficiary, he shall have no right vis-à-vis the beneficiary. Commitment to verification of documents, commitment to precision and good faith, commitment to informing the beneficiary about non-conforming cases and commitment to paying issuing party’s undertakings against beneficiary as well as rights resulting from violation of soundness, exactness, genuineness of instruments, and lack of committing fraud on one side, and the rights coming from subrogation in payment on the other side, are among the rights generated after payment of the certified fund by the issuing party with regards to beneficiary. As far as the beneficiary is yet to receive the certified fund, he shall have no undertaking toward the issuing party or the secondary bank. It is clear that after presentation of documents and payment of the fund by the beneficiary, the above-mentioned undertakings shall be attributed to him. Manuscript profile

Open Access Article

4 - U.S. Judicial Opinion on Civil Liability Resulting from Breaches in Privacy
Masoumeh Mazaheri Mahsa Jamshidi Shahmiri

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil More

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil liability, modern civil liability has clarified the fundamentals and pillars of various types of civil liability resulting from breaches in privacy. This paper, developed through descriptive-analytical method, reviews fundamentals, pillars and exceptions of various types of civil liability resulting from breaches in privacy in the legal system of the United States. Findings of the paper indicate that in the civil liability resulting from breaches in privacy, the U.S. legal system has duly recognized privacy right as an independent right and has accordingly established an integrated judicial procedure related to civil liability resulting from breaches in privacy. Manuscript profile

Open Access Article

5 - An Analysis of Dissolving Condition based on Evidence of Conditional Sale in Iranian Law and Imamiyah Jurisprudence
Alireza Abin

A broad interpretation of the dissolving condition indicates that it is a condition realization of which revokes undertaking(s) between the obligor and the obligee and cancels the contract or other similar legal instruments from the beginning (with a retroactive effect) More

A broad interpretation of the dissolving condition indicates that it is a condition realization of which revokes undertaking(s) between the obligor and the obligee and cancels the contract or other similar legal instruments from the beginning (with a retroactive effect). There is no express legal text on the rule of dissolving condition in domestic standing laws. This has given birth to diversified reasoning by the legal experts. Moreover, in legal terms, the approach followed by Imamiyah jurists vis-à-vis this legal institution is not identical so that some consider it problematic based on such evidences as principle of definitiveness of conditions, inconsistency of dissolving condition with requirement of nature of condition and lack of legality of evidences on conditions. On the contrary, some believe in the soundness of the institution of dissolving condition based on the legality of the evidences on conditions. This paper is devoted to analysis of consequent opinions and approaches of experts to finally put forth its selected viewpoint on feasibility of soundness and use of such institution in Iranian law and Imamiyah jurisprudence and prove legal soundness of its application on attachment of Articles 232 and 233 of Civil Law to Articles 10 and 975 of the same law. However, it seems that the generality of evidences on conditions prove legality of conditions in creating or destroying the legal effects. Manuscript profile

Open Access Article

6 - Typology of Rules of Quran and Tradition in Comparing and Contrasting Criterion of Contradiction in Principle of Conditions
Mohammadreza Khalilzadeh

The important status of the principle of conditions in jurisprudence and the rights of undertakings is something clear. The recent version of this principle excludes conditions countering the Book (Holy Quran) and tradition. Identifying the conditions countering the Boo More

The important status of the principle of conditions in jurisprudence and the rights of undertakings is something clear. The recent version of this principle excludes conditions countering the Book (Holy Quran) and tradition. Identifying the conditions countering the Book and tradition and putting forth a regulation to help the experts in Islamic law, jurists, and in cases the judges in comparing and contrasting instances of contradiction to the Book and tradition, will be very helpful. The classification of orders by the Book and tradition into positive and imperative rules, and the imperative rules into mandatory and non-mandatory, the researcher came to know the difference in the existence of criterion contradictory to the Book and tradition. This paper has embarked on typology of Quran and tradition and presenting a criterion for readdressing the condition contradictory to the Book and tradition. Manuscript profile

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