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Author(s): 

MOZAFARIAN FARZANEH

Issue Info: 
  • Year: 

    2005
  • Volume: 

    6
  • Issue: 

    10 (LANGUAGE AND LITERATURE)
  • Pages: 

    37-62
Measures: 
  • Citations: 

    2
  • Views: 

    1017
  • Downloads: 

    0
Abstract: 

Manifestation of sky myth in Persian verse:The archetypal approach of Persian verse is among concepts which have been treated less than anything else. The myth which in the opinion of professor jung, have an active presence in the unconscious depth of man have a much effective role in literature and poetry, and if we don’t accept the exaggerating belief of Northrope Frye to the effect of identifying the my the with poem, by a cursory glimbse in the view of prior poets, we shall see movement and evolution of words by borrowing mythological believes.This article aims to show the fact that the myth is the principal theme of images in Persian verse and the poet, who is the heir of transcendent ideas of the man in regeneration of his archetypal makes new and fresh images.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    15
  • Issue: 

    Special Issue on Legal Innovation
  • Pages: 

    273-287
Measures: 
  • Citations: 

    0
  • Views: 

    445
  • Downloads: 

    0
Abstract: 

Background and Aim: One of the most challenging and controversial issues in relating to the will is the difficulty with recognizing the factors imposing suspension on the will. The present paper deals with giving credence to a testamentary disposition by Heirs and heiresses. Materials and Methods: This descriptive-analytical research was done using documentary and library studies. Results: A will is a type of possession that a person leaves before their death. When it comes to a testamentary disposition, after affirmation of the testator, the exact recognition of the nature of the pre-deceased beneficiaries' acceptance will have many effects. If acceptance of succession is considered as a part or fundamental of a will to the extent that the will is invalid without it, then the testamentary disposition is thought of as a contract that the Islamic jurists largely concur with it. Nevertheless, when acceptance of succession is invalid or the will is regarded as one of the irresistible factors of the transfer, the will is possessory. In such cases, having good morals relating to giving credence to such a will is of importance. Ethical considerations: Confidentiality and trustworthiness have been carefully observed throughout this paper. Conclusion: Islamic jurists suggest that a will shall not be valid for a heir except when it is approved by other Heirs. When it comes to the nature of the testamentary disposition more than one third of the estate, most jurists have regarded it as a will bequeathed by the testator which its acceptance needs the consent of other Heirs. With regard to the time of ratification, most jurists believe that admitting or denying a will is only possible after the death of the testator, and so the rejection or acceptance of the will by the Heirs during the testator's life has no jurisprudential or legal value. Therefore, morality requires that the Heirs give credence to a will after the testator's death by approving of what the deceased has bequeathed.

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Author(s): 

SHOKOOHIZADEH REZA

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    3
  • Pages: 

    491-509
Measures: 
  • Citations: 

    0
  • Views: 

    425
  • Downloads: 

    0
Abstract: 

Death of one of the parties is one of the cases of suspension of procedure. The action would be continued with the involvement of Heirs. But all the actions are not compatible with the involvement of Heirs. Traditionally, personal actions are deemed non-transmissible. Taking into account the nontransmissibility of personal rights, this conclusion may be justified. But bring the case to justice, may affect the substance of the rights. One of the substantive effects of the action is the stabilization of the subject-matter of the case. With bringing the action, the death of the parties, it is principally hard to extinguish the subject-matter of the case. This effect so called in French Law as the (effet novatoir de l’ instance). The fundament and obstacles of this effect is the principal subject matter of this Article. This study is dedicated to render a general theory of transmissibility of personal actions.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2020
  • Volume: 

    22
  • Issue: 

    88
  • Pages: 

    159-171
Measures: 
  • Citations: 

    0
  • Views: 

    1366
  • Downloads: 

    0
Abstract: 

Waiving of the inheritance's right is one of the discussible issues in the heritance despite that it is current but precedent believe that such waiving are void. Accordingly, study of the legal of status such waiving is necessary. Some prevents is said to validate of such agreements like that such waiving have no cause and that the inheritance is commandment, so it is irreversible and that it's rules relevant to public policy, so agreement contrary is void. But reviewing and rethinking on nature of the inheritance and differentiating between impact of commandment and impact of right, differentiating between legal actions by the devisor and legal actions by the Heirs and the rule of contractual freedom indicate the validate of such agreements both in time of the devisor and after death of devisor. Key words: Waiving of the inheritance's right, Nature of inheritance, Cause of inheritance, The rule of contractual freedom

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Author(s): 

IZADI NARGES

Issue Info: 
  • Year: 

    2016
  • Volume: 

    20
  • Issue: 

    63
  • Pages: 

    5-22
Measures: 
  • Citations: 

    0
  • Views: 

    781
  • Downloads: 

    0
Abstract: 

Within the framework of the system of family law, one of the issues which is worthy of thoughtful consideration, is the right to cancel a transaction related to an inheritance by the members of a family. The Civil Law (on this issue) has relied on the assertion of Article 445 in which, the overall ruling of the transfer of this right from the bequeathed to the inheritance has been proposed; therefore considering the legal deficency in the ramifications of the above mentioned law, these questions arise that if the members of a family are numerous and they have no unanimity to execute their right how should they deal the problem wheather the attention should be paid to one of the opposition member or to aggregated one. Does a correlativity in the application of an option and the possibility of using it, exist or not? According to Article 167 of the constitution, in these types of cases adherence to reliable jurisprudential opinions must be sought; but due to the discrepancy of opinion among jurists on these issues this paper by relying on the principle and jurisprudential-legal rules and authentic sources, tries to offer a ruling that is in compatible with general ruling and consistent with absolute reasoning.

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Author(s): 

SALAR ZAEI A.H.

Issue Info: 
  • Year: 

    2000
  • Volume: 

    -
  • Issue: 

    47-48
  • Pages: 

    185-202
Measures: 
  • Citations: 

    0
  • Views: 

    1551
  • Downloads: 

    0
Keywords: 
Abstract: 

Inheritance means the property of a decedent left for his/her living relatives or next of kin. According to the religious view on family relationship, the decedent"s heir(s) fall under 3 categories: 1. Parents, children, later grandchildren by priority. 2. Siblings, ancestor, later nieces, or nephews and the grand ancestors of the decedent by priority. 3. Paternal uncles, paternal aunts, maternal uncles, later their children. As to the Heirs related by marriage, the husband or wife are deemed as Heirs (who are alike the rest of the Heirs). Finally, the property of a decedent who lacks any Heirs will reach down to the impeccable Imam or his deputy, is equally an important issue. The mathematical formulas can be deployed to facilitate the distribution of the inheritance among the Heirs.

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Author(s): 

Mowlayinia Ezzatollah

Journal: 

Commentary Studies

Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    52
  • Pages: 

    113-130
Measures: 
  • Citations: 

    0
  • Views: 

    95
  • Downloads: 

    0
Abstract: 

In verse 32 of Surah Fatir, the chosen ones are mentioned. In the interpretation of this verse from the beginning, in terms of meaning and examples, many different views have been presented by the fariqain scholars of interpretation, which shows the great importance and value of this issue. By examining the opinions, documents and reasons of Quranic researchers about the above noble verse, relying on the Holy Quran, Sunnah, reason especially the context, the traditions of descent and other peripheral evidences, this study reached this clear and definite conclusion that regarding the inheritors of the book (Quran) and the examples of "those whom we elected. . . " two major theories have been presented by fariqain, and most of Ammeh Quranic scholars know the elected to be Islamic Ummah,while all Imami and many Ammeh elites view the elected to be itrat-e tahirih, pure family: Ali, Fatimah and Imams of Ahl al-Bayt. It is clear from the analysis of the statements of the fariqain that the first theory is not supported by any reason: intellectual or narrative,on the contrary, all the reasons are against it. While the second theory is supported by the Holy Quran, definite tradition, history and strong rational reasons. And again, regarding the fact that weight of the trustworthiness has been put one shoulder of those preceeding in doing goods, the triple state of the elected would not create any problem.

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Journal: 

Ferdows Honar

Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    4 (11)
  • Pages: 

    34-55
Measures: 
  • Citations: 

    0
  • Views: 

    99
  • Downloads: 

    9
Abstract: 

Problem Statement: Gestalt theory is one of the psychological theories that influenced the visual arts in the 19th century. The basic framework of this theory is that the analysis of different parts of a psychological phenomenon, even though it is done in general, cannot cover it completely and to understand the nature It should be reached from top to bottom and from its overall structure to its constituent properties. According to this theory, in order to know anything, one must know its parts, and when one of these parts is changed, the other parts are also changed, and a visual work can be a good example for This is the issue and the best way to understand its effect is to break it down into its primary constituent elements. Objectives: The purpose of this research, which is a type of developmental research, is to analyze the visual elements of the above images based on the components of Gestalt theory. Research method: This research is in the field of descriptive and analytical research, and the obtained information is analyzed by the method of studies and library collections with the approach of Gestalt psychology. Conclusion: The results of this research show that the principles of Gestalt theory are consistent with the elements of the above paintings drawn by the creative mind of the contemporary artist. These principles increase the beauty and dynamism of the pictures and create more visual appeal for the audience. Also, the effect of each of the gestalt laws on the works is not the same and creates different pretensions, therefore emphasizing one of them as the most indicative principle in the paintings is an unrecognizable thing. Also, by examining the works, it was found that the principles of Gestalt visual perception play a very effective role in improving the reading process of the above works. Conclusion: The results of this research show that the principles of Gestalt theory are consistent with the elements of the above paintings drawn by the creative mind of the contemporary artist. These principles increase the beauty and dynamism of the pictures and create more visual appeal for the audience. Also, the effect of each of the gestalt laws on the works is not the same and creates different pretensions, therefore emphasizing one of them as the most indicative principle in the paintings is an unrecognizable thing. Also, by examining the works, it was found that the principles of Gestalt visual perception play a very effective role in improving the reading process of the above works. Conclusion: The results of this research show that the principles of Gestalt theory are consistent with the elements of the above paintings drawn by the creative mind of the contemporary artist. These principles increase the beauty and dynamism of the pictures and create more visual appeal for the audience. Also, the effect of each of the gestalt laws on the works is not the same and creates different pretensions, therefore emphasizing one of them as the most indicative principle in the paintings is an unrecognizable thing. Also, by examining the works, it was found that the principles of Gestalt visual perception play a very effective role in improving the reading process of the above works.

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Author(s): 

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    4
  • Pages: 

    737-759
Measures: 
  • Citations: 

    0
  • Views: 

    139
  • Downloads: 

    50
Abstract: 

In answer to the questions posed in respect of the distribution of inheritance between female and male Heirs, under Iranian law, it can be argued that Iranian law, following Islamic-Shiite law, has adopted the fairest system of distribution in this respect. The responsibilities of each of woman and man in the family as well as the rights and protections given to them, as the creatures of God and His successors on the earth, must be taken into account when analyzing the inheritance distribution system. This paper argues that, under Iranian law, inheritance is distributed between male and female Heirs in proportion to (1) the responsibilities and obligations that a man has with respect to his family (including providing maintenance for his wife and his children), the duty to defend the country and the duty of doing the preliminaries like military service and to (2) financial protection given to a woman including the dower, maintenance and equivalent remuneration for the work done by the wife at home, that must be provided by the husband. In other words, the distribution of inheritance is not based on the gender of the Heirs. This paper, by looking at the aims of God from the creation of mankind including women and men and by referring to the Quranic verses (such as beginning verses of Nisā chapter, Verse 189 of Arāf chapter and Verse 56 of Al-Dhārīyāt chapter, and the traditions narrated from the infallibles (peace be upon them) as well as the equality of all human beings before God and that no individual is preferred to another one except by righteousness, knowledge, faith and the right conduct, deals with the distribution of inheritance based on meeting the needs of woman and man and their financial responsibilities. A man in an Islamic society has a number of financial responsibilities including the payment of dower, as agreed by the spouses, and providing the living expenses of the wife, according to her social standing, and living expenses of his children. By taking into account the fact that a woman has no duty to do housework, she is also entitled to ask her husband to pay remuneration for her work. By explaining the different ways of distributing the inheritance between male and female Heirs, according to the degree of their relationship with the deceased, the share of every female heir has been made clear. It should be noted, that in the inheritance distributing system, under Iranian law, the Heirs are divided into three classes according the degree of the Heirs' relationship with the deceased. For example, parents and children are among the first class,sisters and brothers as well as their children and grandparents are in the second class,and uncles and aunts as well as their children are in the third class. The first class prevents the second class and the second class prevents the third one from benefiting from inheritance. By taking into account the way of distributing the inheritance between the Heirs in the three classes, it can be argued that: (1) In many cases the share of female and male Heirs are equal. For example, the share of mother and husband from the deceased wife's property is equal. The share of father and mother, is one sixth of the child's property. Where the Heirs are a sister and the husband, their shares would be equal. All maternal relatives like maternal brother and maternal sister as well as maternal uncles and aunts and their children would receive equal shares from the inheritance. (2) In certain cases, the share of female heir is higher than that of male heir. For example, where one daughter and the husband are the Heirs of the deceased, the daughter would receive more than the husband. Where the Heirs of the deceased are the husband, father and mother, the mother would receive more than the father. Where the sister and maternal grandfather are the Heirs of the deceased, the sister would receive more the maternal grandfather. (3) In certain cases, however, the share of male Heirs is more than the share of female Heirs. The most important point that must be taken into account in the distribution of inheritance between the Heirs is that the distribution has a direct relation to the obligations and responsibilities that each of woman and man has in the family life and in the society. No attention is paid to the gender and the natural value of female and male Heirs in the distribution of the inheritance.

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Author(s): 

NOURI ESFAHANI A.M.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    14
  • Pages: 

    137-158
Measures: 
  • Citations: 

    0
  • Views: 

    6775
  • Downloads: 

    0
Abstract: 

In Iran’s law, Heirs are the successor of their owner. Concerning of heir whom a joint part of heritage is devised him may be doubt because he is not to have a capacity in the refinement of legacy. Howbeit some of the faculties believed that we must know creditors as a type of successor but it seems that such a view is not correct and should know creditor as a third party whom has protected by legislator and acquire special position.

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