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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2023
  • Volume: 

    53
  • Issue: 

    3
  • Pages: 

    397-419
Measures: 
  • Citations: 

    0
  • Views: 

    106
  • Downloads: 

    15
Abstract: 

As Subsection 7 of Article 84 of the Iranian Civil Procedure Code states, the claim is called without legal MERIT when even if true, has no legal basis. For example, if ‘A’ pays ‘B’s debt to ‘C’ without ‘B’s permission, ‘A’s claim against ‘B’ to recover the payment is without legal MERIT; Because even if true, ‘A’ may not legally recover the payment from ‘B’. Although valuable studies about claims without legal MERIT have been done so far, the blank of some topics related to claims without legal MERIT is still felt in Iranian law: Firstly, there has not been a proper analysis of the origin of the claim without legal MERIT. Second, there are important challenges in identifying claims without legal MERIT that have not been studied so far. One of these challenges is whether the remedy sought has a role in considering a claim without MERIT or not. The other challenge is whether the plaintiff’s acknowledgment has a role in considering a claim without MERIT or not. Third, According to Article 89 of the Civil Procedure Code, dismissal is the sanction of filing a claim without legal MERIT. However, considering the court's entry into the substance of the claim to recognize the claim as having no legal MERIT, is this sanction appropriate for the Iranian legal system or not? The lack of research on these topics has prompted the authors to write this paper. At the end of this paper, which is written with a descriptive-analytical method and by referring to library sources, the following results are presented: The claim without legal MERIT has significant records in Shia jurisprudence. In this realm, one of the conditions of admissibility of the lawsuit is that the claim must have a legal MERIT. An “invalid claim” is a term that is considered equivalent to a claim without legal MERIT. In addition to the term “invalid claim”, “non-enforceable claim” is also considered in Shia jurisprudence. According to this term, if the legal relationship between the parties is something that the defendant may terminate at any moment, such as a revocable contract, the court is faced with a non-enforceable claim. In contrast to an invalid claim, a non-enforceable claim has a legal MERIT. In this claim, the court may bind the defendant and issue an award against him, but the defendant may prevent the award by revoking the contract. Therefore, there is a significant difference between invalid and non-enforceable claims, and the latter must be heard unlike the former. The claim is called without legal MERIT when even if true, considering the “remedy sought”, has no legal basis. Therefore, as an example, if the plaintiff claims that only the offer and acceptance of the donation were made between him and the defendant (without pointing to the delivery which is one of the elements of the formation of the donation), but the remedy sought is the termination of the contract in which the donation is a condition of that, it should be said that the claim even if true, has a legal MERIT. Although most of the jurists have linked the claim without legal MERIT to the plaintiff's acknowledgment of the lack of legal MERIT, if the plaintiff has remained silent regarding the lack of legal MERIT, we still face a claim without legal MERIT. According to Article 89 of the Civil Procedure Code, dismissal is the sanction of filing a claim without legal MERIT. However, the close relationship between the lack of legal MERIT and the substance of the claim requires the issuance of a judgment as a proper sanction of the claim without legal MERIT.

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Author(s): 

Shokoohizadeh Reza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    87
  • Issue: 

    122
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    92
  • Downloads: 

    9
Abstract: 

To identify the subject of this Article, the pure defense first must be separated from hybrid counterclaim. Hybrid counter claim has a dual function: the first aim of this claim is to reject the adversary claim. On the other hand, as similar as the pure counterclaim, it renders a claim, out of the object of principal claim. In Iranian Law, some proving criteria have been rendered by legal writers to distinguish these two judicial acts. In these theories the probative value of the defendant’s documents, determine the necessity of filing a counterclaim. Upon analysis of this paper, the proving criteria in theory and practice are not convincing for distinction of counterclaim from MERIT defense. Criterion accepted in this Article is that in counterclaim, the defendant claim to get a profit other than mere reject of adversary’s claim. In spite of apparent simplicity of this criterion of distinction of counterclaim from MERIT defense, its practical application is not without complexity.

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Author(s): 

Shahriari Hashem | Rousta Alireza | Kashefi Neyshabori Mohammad Reza | Asayesh Farzad

Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    2 (پیاپی 10)
  • Pages: 

    37-48
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

The aim of the current research is to present a MERIT selection model in the judiciary. In the qualitative section, the statistical community included 17 university professors, managers and human resource management specialists who were selected using the snowball sampling method. In the quantitative part, the statistical population included all employees of the judiciary in Tehran, and the sample size was determined by using Cochran's formula to be 366 people. The data collection tool in the qualitative part of the interview was semi-structured, which was designed based on theoretical principles. In the quantitative section, a questionnaire was used, which was distributed and collected by a simple random method. The validity of the coding of the interviews and the questionnaire was confirmed by experts, and Cronbach's alpha was used to check the reliability of the questionnaire in the quantitative part. The data were analyzed in the quantitative section using the method of meta-composition and thematic analysis, and descriptive statistics and confirmatory factor analysis were also used in this section. The results showed that the MERIT selection model includes three overarching themes: Individual skills (innovative behavior, personality traits, personal brand and self-management), Organizational skills (knowledge management, organizational ethics, job resilience and knowledge skills), and core skills (communication skills, foresight, interpersonal skills, responsibility and organizational intelligence). Also, the results of the confirmatory factor analysis confirmed the pattern extracted from the research literature.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    16
  • Issue: 

    1 (61)
  • Pages: 

    17-27
Measures: 
  • Citations: 

    0
  • Views: 

    1028
  • Downloads: 

    0
Abstract: 

Introduction: Strawberry is one of the native and small fruits of moderate regions, which its cultivation has been increased in all over the world including Iran. Due to the abundance of vitamin C and mineral materials, it is very useful for some diseaseses. Lack of the knowledge in production management, harvesting, cooling, transportion, storage, marketing and processing equipments and connection between these different parts are the main problems throgh industrial production of strawberry fruit (Salami et al., 2010). According to the various studies, the parameters such as color, shape, size and mass are not sufficient for the consumer to purchase the fruit (Abbot, 1991). They would like to have more information about the fruit which is supposed to be purchased (Voca et al., 2008). Several researchers have been investigated physical and chemical properties of different varieties of strawberry fruit (Wojdylo et al., 2009; Salamat, 2011; Nemzer et al., 2018). According to the litrature, any international standard classification for Parus strawberry (which is mostly cultivated in Iran) based on physical and chemical was not found. In this study, some physical, mechanical and chemical properties of strawberry fruit Parus VARIETY, as well as the relationship between them, were investigated. The classification was performed based on the appearance features including color and size with the opinion of the expert in six classes. Materials and methods: In Kurdistan province strawberry fruit is often grown in open area and cultivated areas of Parus VARIETY due to many reasons are increasing. To classify the strawberries, six classes were considered. Physical and mechanical properties such as dimensions, density, porosity, stiffness and biological yield point were measured at least at five replications. The porosity of the strawberries was also calculated through the division of the difference between actual and apparent density to actual density. Also, the stiffness and biological yield point were measured using Universal Instron Testing Machine (Zwick/Roll). Chemical properties of Parus strawberry including vitamin C, acidity, total soluble solids and flavor index were investigated at five replications. Results and discussions: The analysis of variance showed that all chemical properties including ascorbic acid, acidity, total soluble solids, and flavor index, were strongly influenced by the class. The LSD mean comparison showed that the highest levels of vitamin C were related to the ripe fruits which had a direct relationship with fruit size. The acidity values between the classes varied from 0. 55 to 1. 08, and the lowest value was related to the first, second and third classes, respectively. The total soluble solid material (TSS) was affected by some factors: sugar (as main part), organic acid and organic pectins and was increased by growing strawberries and increasing the amount of sugar. For the first, second and third classes, TSS was higher than those of the fourth, fifth and sixth clases. The flavor index value for the lower classes (first, second and third) is higher than the higher classes (almost 2 times). The analysis of variance for all physical and mechanical properties indicated that all parameters are affected by the classes. Due to its more soluble materials, the maximum value for actual density was related to the third and second classes, respectively. The apparent density of agricultural products depends on various factors such as geometric shape, size, surface properties, moisture content and measurement method. The apparent density for the first and fourth classes were 561. 743 and 498. 408 gr. mm-3, respectively. The maximum and minimum value of stiffness was related to first (about 5. 2 N. mm-2 ) and fourth (about 28. 2 N. mm-2 ), respectively. For biological yield the maximumvalue was related to the fourth class, as well. Conclusion: In this study, the classification of strawberry, VARIETY of Parus was investigated based on physical, mechanical and chemical properties. All properties were affected by changing the classes. The results of this research can be used to design and construct post-harvest and sorting mechanisms of agricultural products which require comprehensive information about physical, mechanical, chemical properties.

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Author(s): 

MOHAMMADI M. | ESHGHI M.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    8
  • Issue: 

    4
  • Pages: 

    297-318
Measures: 
  • Citations: 

    2
  • Views: 

    229
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    3
  • Issue: 

    1 (6)
  • Pages: 

    3-18
Measures: 
  • Citations: 

    0
  • Views: 

    1069
  • Downloads: 

    0
Abstract: 

Objectives: The present study was conducted to investigate the relationship between moral-Islamic MERIT and dimensions of organizational indifference in Ilam University.Methods: This is a description-survey study conducted as a quantitative field research to assess the relationship between moral-Islamic MERIT and dimensions of organizational indifference in Ilam University. The main tool for gathering information was a standard questionnaire consisted of 45 questions in two sections of moral-Islamic MERIT questions and organizational indifference questions. To test the reliability of the study tool, 30 questionnaires were filled and their Cronbach's alpha was calculated 0.825. Statistical population comprised all employees of Ilam University, 500 people. Sample was prepared using Cochran formula using random sampling; and data was analyzed using descriptive and inferential statistics and the Spearman method K-S test within the SPSS software environment.Results: Analysis of the data shows that a significant inverse relationship exists between moral-Islamic MERIT and dimensions of organizational indifference.Conclusion: Findings of research show that organizational indifference is less frequent among employees with higher moral-Islamic MERIT.

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Author(s): 

LASSETER R.W.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    22
  • Issue: 

    2
  • Pages: 

    125-132
Measures: 
  • Citations: 

    1
  • Views: 

    142
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

Shahriari Hashem | Rousta Alireza | Kashefi Neyshabori Mohamadreza | Asayesh Farzad

Issue Info: 
  • Year: 

    2024
  • Volume: 

    10
  • Issue: 

    2
  • Pages: 

    215-228
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

Choosing the right people is one of the main factors in the success and excellence of organizations. This issue is more important in government organizations and the failure to retain competent employees causes irreparable damage to the organization and ultimately to the country. This issue is more important in government organizations and the failure to retain competent employees causes irreparable damage to the organization and ultimately to the country. The purpose of the research was to evaluate the effective factors on MERIT selection in government organizations. The research method is descriptive and correlational based on the applied goal and according to the method of data collection. The statistical population of the research includes the employees of the judicial branch of Tehran province in 2023. Using Cochran's formula, 384 people were selected as a sample and 415 questionnaires were distributed and 398 questionnaires were collected. The reliability of the questionnaire was measured by calculating Cronbach's alpha coefficient, which was 0/824. Data were analyzed using structural equation modeling and Smart-PLS software. The findings indicate that the innovation capability of knowledge management, the support of senior management and job rotation have had an effect on the performance of the organization. Finally, the performance of the organization has a significant effect on the MERIT selection of employees.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    10
  • Issue: 

    3 (39)
  • Pages: 

    11-26
Measures: 
  • Citations: 

    0
  • Views: 

    616
  • Downloads: 

    0
Abstract: 

MERIT phobia is considered one of the organizational diseases in governmental organizations, which has hindered the favorable appointment process. Therefore, the purpose of this study was to design a managers' MERIT-phobia model in public organizations in Lorestan province. The present study was qualitative using the grounded theory method. Participants in the study were managers of public organizations in Lorestan province. Data were collected by using semi-structured interviews with 20 managers who were selected through the purposive sampling method. In the process of data collection and analysis, the grounded theory proposed by Strauss and Corbin was adopted. Six main categories and 45 concepts were extracted from the interviews. The findings revealed that conditions such as the weakness of the succession system, fear of losing position, traditional management systems, narrowmindedness, partisanship, and lack of a decent career path cause the phenomenon of managers' MERIT-phobia. Factors such as unhealthy competition, politicization, greed, a relationship-oriented culture, and nepotism provide a background for managers' MERIT phobia. According to the findings, salaries and benefits, selfishness, dependence on power, and utilitarianism mediate this phenomenon, which leads to consequences such as dwarfism, reduced investment of knowledge and skills for the future, reduced efficiency and effectiveness, job boredom, degradation of the manager's social reputation, increased the employee voluntary leave, reduced organizational creativity, and lack of organizational progress. Finally, the study model was approved by experts.

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Author(s): 

BREEN R. | GOLDTHORPE J.H.

Issue Info: 
  • Year: 

    2001
  • Volume: 

    17
  • Issue: 

    -
  • Pages: 

    81-101
Measures: 
  • Citations: 

    1
  • Views: 

    162
  • Downloads: 

    0
Keywords: 
Abstract: 

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