List of Articles principle

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  1 - Explanation of Legal Principle of “Everything that is known only by claimant will be heard” and Its Application in Iranian Legal Code
  Seyed Mohammad Sadeq  Mousavi Seyed Omid  Mousavi
  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. T More

  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. Therefore, it is impossible to present evidence at the court for such claims. The legal principle of maa laa ya’lam (transliterated as what he does not know) is used to help resolving the case and the only solution is accepting the claimant’s claim without evidence. According to the related exhibits and evidences, this is a well-proven legal principle that has been invoked by the Infallible Household of the Prophet (pbuh) and Muslim jurists have made frequent mentions of it in their books. Instances of this legal principle’s effectuality can be found in various civil rights and penal codes. For instance, in civil rights, the principle is used in such claims on marriage, menstruation and payment of various dues, and also in penal code, it is used in case of presenting proof of no adultery. Manuscript profile
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  2 - Fundamentals of “Principle of Unconditionality of Commercial Paper Obligations” in Iran’s Jurisprudence and Law
  Akram  Safiri Farzaneh  Karimi
  The role commercial papers play in transactions and economic relations is this that they are appropriate substitutes for cash in payments. Along with easy, fast and safe transfer and turn-over, they guarantee the rights of the owner as well. Realization of this will be More

  The role commercial papers play in transactions and economic relations is this that they are appropriate substitutes for cash in payments. Along with easy, fast and safe transfer and turn-over, they guarantee the rights of the owner as well. Realization of this will be possible when obligations of the signatories of the papers are expressed absolutely and clearly, not conditioned to anything else. The prerequisites calling for unconditionality of commercial papers are considered among the fundamentals of this principle, which we have studied in this paper in two sections of “legal requirements” (the need for using commercial papers instead of cash, the need for meeting speed, ease and security in carrying and transfer of commercial papers and the need for protecting the rights of the commercial paper owners) and “jurisprudential requirements” (exigency of protecting property and preventing disruption in economic system). Manuscript profile