https://jpl.motahari.ac.ir/ Jurisprudence and private law en daily 1 Sat, 22 Nov 2025 00:00:00 +0330 Sat, 22 Nov 2025 00:00:00 +0330 https://jpl.motahari.ac.ir/article_737157.html In the guarantee of understanding, if the price of the transaction is in the form of currency and money and the transaction is void due to the owner's refusal, the seller owes the monetary price. And due to the increase in inflation in basic and non-basic goods and proportionally, the significant decrease in the value of the national currency and the purchasing power of the people, the decrease in the value of the said monetary price is the theme.The method of compensating the depreciation of the monetary value in the judicial procedure is scattered and different opinions have been issued by the courts of justice in such a way that some courts believe in compensating the depreciation of the monetary value based on the general inflation index that is determined by the Central Bank of the Islamic Republic of Iran, and some believe in compensating the depreciation of the monetary value based on the subjective and partial inflation index.However, in 1400, the Supreme Court of the country in unanimous decision No. 811 chose to compensate for the decrease in value in the form of subject inflation, and it seems that the compensation for the decrease in the subject matter with the same explanation as stated in the unanimous decision is correct, however, the said method is specific to cases in which the invalidity is due to the fact that the sale is due to a third party or in a direction parallel to it. https://jpl.motahari.ac.ir/article_737158.html This article examines whether cryptocurrencies can be accommodated within the definition of sale in Article 338 of the Iranian Civil Code, which frames sale as the “transfer of ownership of an ‘ayn for a known consideration.”The emphasis on ‘ayn raises questions about the applicability of sale to modern intangible assets.Employing a descriptive‑analytical method and drawing on Imami jurisprudence,civil‑law doctrine, and legislative indications,the study reassesses the historical rationale for introducing‘ayn into the definition of sale and evaluates the arguments surrounding the requirement that the subject matter be corporeal.The findings show that transactions in Islamic law are generally imḍāʾī(validated by established practice),and no Sharīʿa‑based evidence confines the subject matter of sale exclusively to physical objects. Commercial custom—alongside Qur’anic and narrative usages of“sale” for benefits and rights—indicates that what is essential is the property character of the item and its ability to be part of a person’s estate.Thus, restricting sale to corporeal items lacks firm grounding; the historical focus on ‘ayn primarily reflects the dominance of tangible transactions and efforts to distinguish sale from lease. Even if ‘ayn is maintained in Article 338,limiting it to material objects is unwarranted and inconsistent with modern asset classifications that recognize intangible property.Cryptocurrencies, despite being immaterial, possess determinacy, assignability, and independent transferability—features amounting to a form of “electronic corporeality.”Therefore, their exchange can fall within an expanded interpretation of ‘ayn. The study ultimately recommends reforming Article 338 to center the definition of sale on “property” or to endorse a broader interpretive approach that aligns with contemporary assets. https://jpl.motahari.ac.ir/article_737159.html The rapid advancement of genetic technologies and DNA editing methods has brought about fundamental changes in the legal, political, social, ethical, medical, agricultural, and environmental sciences. However, the harms resulting from these innovations present unique challenges, especially in the area of ​​civil liability. This research, in a descriptive analytical manner, while examining the importance of this issue from a legal perspective, has examined the existing foundations of civil liability, including fault-based liability, liability based on the assumption of fault, strict liability (presumption of liability), and absolute liability, in order to formulate and provide a comprehensive basis for civil liability arising from DNA editing technologies. Therefore, after critically and comparative analyzing the limitations of the civil liability bases arising from DNA editing in current legal systems and identifying the existing challenges, this study seeks to propose solutions to ensure more effective accountability and provide a balanced approach. After combining legal and genetic perspectives, the findings showed that traditional foundations of civil liability are unable to fully cover long-term and intergenerational consequences, and the combination of strict liability and, in certain cases, absolute liability, as an appropriate basis, provides greater ability to manage the risks arising from genetic interventions and suggests innovative solutions to balance the long-term consequences of this technology, the protection of individual rights and public interests, with an emphasis on civil liability. https://jpl.motahari.ac.ir/article_737160.html Determining consideration and remuneration in contracts for the transfer of literary and artistic works is invariably accompanied by significant ambiguity and difficulties due to the intellectual, qualitative, and intangible nature of such works. Consequently, in the practical sphere of these contracts, creators confront one-sided and unfair terms imposed by the economically dominant party more frequently than in other transactional domains. Owing to the absence of specific protective regulations in the Iranian legal system, this anomalous phenomenon severely disrupts the economic equilibrium of contracts, ultimately leading to frustration and a decline in the creative motivations of authors and artists over the long term. Adopting a descriptive-analytical methodology with the aim of providing a coherent framework for assessing these terms, this study examines the protective instruments within jurisprudence (Fiqh) and positive law to counter contractual unfairness. The research findings indicate that Imami jurisprudence possesses dynamic capacities—such as the rule of La Darar (no harm), principles of contractual equilibrium, the necessity of observing commutative justice, and the prohibition of exploitation—to safeguard the rights of the weaker party to a contract. Concurrently, to enrich the comparative analysis, this study casts a brief look at the protective approaches of Sunni jurisprudence in suppressing oppressive terms. Furthermore, although no specific legislation has been enacted in Iranian positive law, countering contractual unfairness remains feasible through a reinterpretation of the general rules of contracts and existing foundations, including economic public policy, the rule of La Darar, the theory of abuse of circumstances (distress), and particularly anti-monopoly rules and regulations. These legal foundations can serve as a doctrinal basis for declaring the invalidity of such terms and restoring economic balance to publishing contracts. https://jpl.motahari.ac.ir/article_737161.html One of the newly emerged manifestations of the principle of party autonomy (sovereignty of will) in contracts is the phenomenon of "Haqq-e Pazireh" (premium/priority payment) in the leasing of waqf properties. Although this institution shares superficial similarities with concepts such as Sarqofli (commercial goodwill), the Hokr contract, Haqq-e Taqaddomi (classical priority right), and Haqq al-Arz (land right/tax), it differs from them in deep substantive aspects.The present research, using a descriptive-analytical method and relying on library sources, aims to provide a fiqh-legal analysis of this institution and to precisely distinguish it from similar institutions.The findings show that Haqq-e Pazireh, within the framework of waqf leasing, enjoys legitimacy under both Imamiyyah fiqh and Iranian law due to the consensual (eqa’i) nature of contracts. However, contrary to common belief, it does not have a clear and independent historical root in the classical concepts of "Haqq-e Taqaddomi" or "Haqq-e Taslimi," and cannot be classified under Haqq al-Arz or the Hokr contract.Furthermore, through a precise analysis of the nature, conditions of formation, and legal effects of Haqq-e Pazireh, its inherent distinctions from Sarqofli (in terms of origin, transferability, and relationship with the waqf property itself) and from classical Haqq-e Taqaddomi (in the direction and purpose of payment) were clearly demonstrated.Finally, an examination of positive law indicates that although this institution is not expressly named, it is fully acceptable and applicable within the framework of the Landlord and Tenant Relations Act of 1997 (1376) and the special regulations governing waqfs. https://jpl.motahari.ac.ir/article_736436.html With-profits bond is one of the modern financial instruments inIslamic system of finance. The issuer of these bonds will be able to offerbenefits or future services to the holders of the bonds while maintaining theoriginal durable property. Therefore, the holders of these bonds will be ableto present the benefits and future services with ease of mind uponaccumulation of small capitals to expand this business. On the other hand,the holders of these bonds will enjoy future benefits and services upon apurposeful program and with cheaper prices. They will be also able totransfer their rights in financial markets. Lease bond is another Islamicfinancial instrument, the holders of which share the joint ownership of theproperty as is. The resulting benefit is thus distributed according to the leasecontract among the issuers or owners of the bonds. Due to some similaritiesin these two types of bonds, some have mistakenly hypothesized that leasebonds shall cover the advantages of with-profits bonds. This paper hasresorted to library research method to review the nature and structure ofwith-profits bonds to highlight the need for issuing these bonds incomparison with the lease bonds