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Issue Info: 
  • Year: 

    2013
  • Volume: 

    -
  • Issue: 

    7
  • Pages: 

    95-120
Measures: 
  • Citations: 

    1
  • Views: 

    1650
  • Downloads: 

    0
Abstract: 

Article 212 of the civil code considers that the transaction of minors, insane and immature persons is void because of incapacity to exercise rights and the next article states that the transaction of the interdicted person is ineffective while article 1212 of the civil code considers that the minor ownership is void article 1212 and in exception, the minor gratuitous owning is valid. Article 1213 of the civil code considers that the lawful ownerships of the constant insane are absolutely void and lawful activities of temporary insane in healthy circumstance are valid. Article1214 of the civil code states that the ownership of immature is no effective but his gratuitous owning is valid. From one side the transaction of such persons is void distinctly as mentioned in article 212 of the civil code and from other side; article 213 of the civil code considers it no effective. The present paper with analytic –descriptive approach tries to solve the available apparent contradiction with the analysis of legal-jurisprudential bases and Imami jurists and law scholars of Iran in the ground of the interdiction in this way that the legislator in article 212 of the civil code (volume1) has announced that the decrees of the mentioned interdicted persons are void and in the second volume, from article1207 to up has stated that the decrees of the mentioned ones in article 212 of the civil code and article 213 of the civil code have related to the persons who are prohibited to possess all or some of their properties with a court or law jurisdiction.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    52
  • Issue: 

    1
  • Pages: 

    83-105
Measures: 
  • Citations: 

    0
  • Views: 

    608
  • Downloads: 

    0
Abstract: 

This research has criticized and reviewed, in an analytical-descriptive method, the principles of different opinions of the marriage and divorce of a minor by the Jurist from the viewpoints of the Imamiyyah and Sunnites in the following two sections: a. The opinions of the scholars of Shia and Sunni regarding the authority of the jurist in the marriage of minors which is summed up in three opinions; b. The opinions of the Imamiyyah and Sunnites regarding the authority of the jurist in the divorce of minors, according to which there is no such authority, unless the minor is insane during puberty. And in the Sunnite opinion the father and the natural guardian have no right to divorce, and due to the priority, the jurist’ s lack of authority is inferred. Research findings the jurist has authority in the minor’ s marriage in case the minor does not have a father, a great grandfather, and no executor of either, in which case, in case of occasion and necessity, he has authority in marrying, but he does not have authority in divorce; this opinion has been proven by virtue of many proofs.

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Author(s): 

RAHMANI MOHSEN

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    12
  • Pages: 

    149-176
Measures: 
  • Citations: 

    0
  • Views: 

    2469
  • Downloads: 

    0
Abstract: 

Article 306 of Iran Civil Code relates to power of property management for absentee, interdicted, or such persons if certain conditions are met. However, French Law, where Article 306 was originally adopted, as well as laws of Egypt and Syria provide for wider scope of power, compared to what is stated in Iran Civil Code, which includes pressing and/or essential material and legal appropriation for the benefit of the owner. The civil codes in the three countries under study define the legal entity as “Management of another’s affairs”. This study attempts to review and arrive at a better understanding of the legislators’ intent by comparing it with similar laws of other countries. Furthermore, this study tries to prove that management of non-financial matters as well as management of debt and receivables may, under certain circumstances, fall under the relevant laws of another’s property management.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    3
  • Issue: 

    1 (5)
  • Pages: 

    137-161
Measures: 
  • Citations: 

    0
  • Views: 

    1293
  • Downloads: 

    0
Abstract: 

The researches and the views on the notion of Kharabat and its concept in mystical texts and Persian Literature has not yet directed the readers to a comprehensive and impediment definition, as different and occasionally opposite views confuse the readers more and more. What is clear, however and is the purpose of the present research is that at first Kharabat has had an interdicted and blameworthy meaning in Persian literature occasionally in some mystical texts and it was gradually changed semantically and has gained very high semantic weight in Persian texts and especially mysticism and Islamic Sufism, so that this concept referred to a holy place symbolically that is “Tarighat-e-Kharabat”. The evolution of this word from negative to positive connotation and its concept in mysticism and the prose and poetry evidence of this word during historical eras is the main aim of the present study.

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Journal: 

Medical Figh

Issue Info: 
  • Year: 

    2020
  • Volume: 

    11
  • Issue: 

    40-41
  • Pages: 

    21-32
Measures: 
  • Citations: 

    0
  • Views: 

    610
  • Downloads: 

    0
Abstract: 

Background and Aim: Interdiction (Hejr) is one of the topics that jurists and lawyer have long studied its concept and jurisprudential-lega effects. Out-of-control coma or continuous anesthesia is one of the specialized topics of medical science, which encompasses various jurisprudential and legal issues. One of the new topics in Islamic jurisprudence is interdict individuals suffering from out-of-control coma. Materials and Methods: This research, which has been done by descriptive-analytical method and with the analysis of legal jurisprudential texts, investigats the status of individuals suffering from an out of control coma interdiction. Conclusion: The present study shows that people with out of control coma cannot be counted as interdicted people and subject to the support of the legislature of Public interest affairs (omoure Hasbi) law. As a result, choosing a protecter (Ghayem) for them lacks religious and legal documentation. Therefore, it seems necessary for the legislator to establish a comprehensive protection institution to protect these people by enacting a law.

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Journal: 

HONAR-HA-YE-ZIBA

Issue Info: 
  • Year: 

    2007
  • Volume: 

    -
  • Issue: 

    28
  • Pages: 

    105-114
Measures: 
  • Citations: 

    0
  • Views: 

    1243
  • Downloads: 

    0
Abstract: 

Ceramic and pottery are the first tools and techniques which are at human service from long time ago. Ceramic as a tool to cure the needs of human or as a place for the first innovates and human talent manifestation was a good center and has a special and an unforgettable Place. In the study of art works sets, that discussed under the pottery and hand made manufactured titled, granting to two basic categories that outshined consistently this art-industry is a proper affair. A) Functional aspects.B) Artistic-Symbolic manifestation and aesthetics value.In recent investigation to avoid from functional category of pottery art-industry that caused the second aspect of it which is industry ,animal earthen wares are considering that are evident repeaters of artistic and symbolic manifestations of pottery art-industry. Therefore it seems a preface definition for this kind of hand made earthen wares:Animal earthenware's attributed to the kind of pottery art-industry that its external form and shape in an imitated abstract manner of different animals caused a new and dynamic structure. Animal earthen ware's in respect of visual and aesthetic aspect, embrace a great part of pottery history of Pre-Islamic IRAN.Aesthetic aspect of which embraced the psychological dimensions and old originals the foremost human.So, lack of attention to the aesthetic indicators and artistic functional standards of this sort of hand made ceramics may be the first and only evidences related to their artistic beliefs and creationistic which get lost and became interdicted. If we take a look to some of this earthenware's history, definitions rout will be smooth for us: Animal earthenware's are the first aspects of mental ground presentation of artists who learned to create art, to lecture fully the things that in our belief are the unique of humanity. Animal earthenware's are crystallization of symbolic and aesthetics thoughts of civilization makers human that are asleep among history pages. What ever that caused us to declare that animal earthenware's are crystallization of first human artistic and aesthetic is that this hand made manufactured cause of being heaped up of visual messages had found a value and a credit equal to worth full art works, and have the art works main indicators like: contents, statement, and decoration. So, in the recent investigation interim of these arts works inspection from oldest from oldest animal inspection, under the pretext of subjective groundings criticism of these art works creators and Its aesthetics value analysis, we examine the three important cases of the most important subjects.A) Animal earthenware's aesthetics value.B) Priority of artistic and symbolic aspect of animal earthenware's to its functional aspects.C) The high capacity of pottery as a suitable station to appear artistic values.

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