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Showing 3 results for Barikloo


Volume 8, Issue 3 (10-2004)
Abstract

Ali Reza Barikloo Assistant Professor of Law, Faculty of Law, Tehran University  Gender is one of the important factors which has effect on the possessing of somrights. Therefore, if a person changes her gender, it is necessary to consider that what effect this change has on his or hos or her rights. If the rights of such person are resulting from a contract; in this case the role of gender in the contract must be considered; if it has an essential role, the contact is void , while if it has no essential role, the contract is valid but the other party has the right to cancel the contract. The transgender has no effect on the acquired right of a person who has changed his or her gender provided that his or her past gender had not any role on it’s subsist and he or she can posses the other rights in accordance with his or her new gender. In this article, the legal effects of sex-change. in accordance with the legal principles of Iranian Law and Islamic Jurisprudence, have been studied.

Volume 15, Issue 3 (Fall 2011)
Abstract

            Under Article 50 of the CISG, if the seller delivers a good that does not conform with the contract, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. In this case, the buyer acts unilaterally and is not subject to his/her resort to the court and substantiating the lack of conformation before it, although, in any case, the convention provides remedy for the buyer resorting to an undue option. In some cases, in Imamia Jurisprudence and Iran Law, as where there is the claim for some portion of the object of sale belonging to the other and the buyer may be able based on option in sales unfulfilled in part to get some portion of the price and, in some places due to defect in the object of the sale, may cancel the sale or keep it at the price of getting compensation; they all can be legally considered as instances of price reduction. This paper attempts to compare the instances of price reduction in the 1890 Convention, Imamia Jurisprudence and Iran Law, and while putting the concept of price reduction in the Convention, examines its similarities and differences with the ones in Imamia Jurisprudence and Iran Law. In the end, it is discussed whether this option can be possibly applied as a rule in other transactions or not.      
Ali Reza Barikloo, Zahra Al Eshaq Khueyni,
Volume 25, Issue 1 (12-2018)
Abstract

Stability and instability of family, as the most important and fundamental social organ, has significant effect on the destiny of a society. The increasing rate of divorce, including legal or emotional ones, is a major social dilemma where the role of family cannot be ignored in fixing it. This is a problem that can be solved by altering the approach of lawmakers i.e. an approach based on 'Consolidation Principle' leads to the stability of family. In other words, this as a general legal principle has been in line with the Sharia law. Based on this principle, whatever causes the family stability is accepted and is in accordance with the religious decree and whatever leads to instability and shakiness of the family foundation is hateful and unaccepted. The consolidation principle is based on rationality, expediency, notoriety and necessity. Similarly, this principle, in clerical way from accessories to totalities, is based on the holy Qur’an and Islamic Traditions.

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