Showing 9 results for Prohibition
Volume 2, Issue 2 (7-2011)
Abstract
There are different ways in Russian language to express prohibition and caution. Choosing the suitable aspect of the verb (perfective or imperfective) in each of these structures shall be based on specific lexical and grammatical considerations that may change the semantics of sentences. Since the category of verbal aspect does not exist in Persian language (as in Russian), the Iranian students often find it hard to choose the right aspect of Russian verbs. This article attempts to provide a classification of different prohibitive and cautioning structures in Russian language and examine the role of verbal aspect in each of them in order to find the most appropriate lexical and grammatical structures that can express these semantics in Persian. The subject seems further promising due to this fact that some of these structures in both Russian and Persian languages do not use a negative imperative verb, rather they express the desired semantics through other syntactic methods.
Volume 7, Issue 3 (10-2016)
Abstract
Prohibition of the slave trade that started from the late 18th century from France and gradually spread over the Europe; At the beginning of the 19th century it came to Asia and then to the Persian Gulf region. The leader of this process in the Persian Gulf were English people who were somehow trying for more consolidated position and Protection of their interests in region. The struggle continued to early 20th century.
Causes formation and persistence of this process for almost a century, are significant issue that is dealt with in this study through critical discourse analysis of Norman Fairclough. This method has an Intertextual approach and texts as Susceptible Graph Processes, movements and political and social change applies. Therefore, the present research focused on selecting of a portion of the notes by Amir Kabir and Justin Sheil, minister in Tehran, that between 17 Rabi al- Thani to 10 Jumada al-Awwal 1267 concerning the prohibition of the slave trade were written, this process has analyzed and thereby, influence and dominate the "discourse imperialism" in the relations of power and in contrast the weakness of rule-based "discourse absolute despotism" of Qajar, the main causes for the formation and persistence of the struggle against slave trade during this period, has been considered.
M. K Hassanvand,
Volume 11, Issue 1 (2-2004)
Abstract
The proscription of illustration and painting in Islam is a topic often discussed by researchers and art-ists. Most orientalists have suggested that Islam generally opposed art, especially painting and illustra-tion, thus resulting in a number of limitations. A survey of different prophetic sayings on this subject (hadith singular, hadis plural), verses of the Qur'an, and artworks in the era of the caliphs has been pe-rused in this article. It seems that a core factor for the restriction was the possible reversion of newly converted Muslims to polytheism and idolatry. This was a genuine concern in early Islam. Today it is generally unknown, unheard of or simply ignored in the world of Islam. Islam has not prohibited paint-ing rather it does emphasize beauty and aesthetics.
Volume 18, Issue 2 (9-2014)
Abstract
Our country's legislator in 2010 by pursuing the developed countries, in the form of Article 107 of the Fifth Development Scheme Act of Islamic Republic of Iran, provided the formation ground of economic-legal institution, “Economic Interest Group”, for joint economic and trading activities.
The authors, while criticizing the placement of the mentioned article and defective statute in the Fifth Scheme Act, which is a temporary act, having pointed out the history of the Economic Interest Group, the necessity for its inclusion and comparing it with similar institutions as well, have analyzed the above article merely in terms of the requirements of forming Group, as well as the European :union:’s procedure regarding The economic interest groups , and have put forward their perspective along with suggestions.
This institution has almost the same function of “joint venture” without legal entity. However, it could also be different from “joint venture” concerning the liability of members against third-parties. There are also differences between the mentioned institution with consortium (Companies :union:).
Formation of Economic Interest Group is allowed and carried out for the purposes of trading and non-profitable activities with conforming to the Islamic rules and the principles of Harm Prohibition and Monopoly Prevention. The contract formation must be written having limited duration and registered in the Companies Registration Organization. There has been no any enforcement stipulated in Article 107 for failure to registering the Economic Interest Group’s contract formation in the Companies Registration Organization.
* Corresponding Author’s E-mail: Tafreshi@modares.ac.ir
Volume 23, Issue 4 (12-2019)
Abstract
In Imamiyyah jurisprudence, the manufacturer of unsafe medicinal products should be held accountable, based on general rules such as waste and harm. EU law also provides for severe and effective sanctions as well as deterrents. Iranian law also needs to be upgraded, and the applicable safeguards in the laws should be amended and modified in order to strengthen its deterrence. In the EU, the supplier must provide information on unsafe medicines to reduce the risk of harm caused by unsafe drugs distribution, which is the obligation of the manufacturer based on the Rule of Tolerance in Imamiyah jurisprudence. In the European Union, the manufacturer of pharmaceutical products should reduce the scope for misuse of its manufactured drugs. It also promotes consumer confidence in the health of pharmaceuticals by establishing institutions such as the possibility of extradition and exchange of goods, to increase consumer safety, and in the in the European Union, there is also a special regulatory system for pharmaceutical manufacturers which is distinct from other regulatory systems that protect the consumer rights of other products are separate. Iran's law, in support of the consumer's rights to medicinal products, should be established by the principles and principles of common jurisprudence, by observing the institutions and recommendations of EU law and by observing their domestic laws.
Volume 24, Issue 4 (12-2020)
Abstract
In current world, cases referring to arbitration as means of resolving dispute is an undeniable necessity. Due to some deficiencies in Iranian legal system, strengthening this institution seems to require protective of other legal instruments; one of the most important of which is the principle of good faith. Since currently there is no specific criterion for behaviors with good faith in Iranian arbitration laws of our country. This article by examining the principle of fair trial, introduces criteria and factors such as "Clear Hand, Prohibition of inconsistent behavior, Timely production of documents, Prohibition of Evidence hiding" as standards for measuring the parties behavior in obligation to good faith and continuity during the arbitration proceeding. Procedural of good faith concerns proper enforcement of principles of arbitration. Therefor it leads the arbitrators and the parties to the effectiveness of arbitration. In this article by investigating the laws related to arbitration in English and Iranian law and judicial proceeding, analyzes these standards using descriptive-analytic method and the obligation of arbitration parties in this regard and English and Iranian legal system approaches has been examined.
Volume 27, Issue 1 (12-2023)
Abstract
Discriminatory transactions are contracts in which there is unjustified discrimination in one of them despite the fact that the circumstances are the same. In legal systems, special conditions for prohibition have been included. Some of these conditions are related to the contract itself; Such as the similarity of transactions and the condition of applying restrictions, which exist only in the United States. Some of these conditions are related to the parties to the contract, such as the exclusive power of the economic enterprise or the dominant economic situation. Some conditions are competitive legal conditions. Competitive conditions include disruption of competition, competitive damage and discrimination between competing buyers. The condition of entering damage to the interstate market in the United States and to the trade between the member countries, is foreseen in the European Union law; But it has not been relevant in Iran's legal system. Therefore, in all three legal systems, special conditions for prohibition have been stated. In America, these restrictions are more and most transactions are considered legal. The most important difference between the European Union and Iran is that, in the European Union, only those transactions which are stated by the economic enterprise in a dominant position are prohibited. This should be emphasized in Iranian law as well. Also, based on the appearance of Iranian law, the conditions for prohibiting unilateral discriminatory transactions are stricter than multilateral discriminatory transactions. Finally, based on the examination of the conditions of prohibition, legal articles have been proposed to amend the law.
Volume 28, Issue 1 (5-2024)
Abstract
ex-ante judicial supervision over prosecution and investigation is one of the new developments in criminal procedure. This supervision is the use of supervision by court judges or independent expert judges outside of the Prosecutor's Office over the actions and decisions of the Prosecutor's Office, including the investigator, especially actions that impact individual rights and freedoms in the pre-trial stage of criminal proceedings. Ex-ante supervision is recognized in the criminal justice system of Italy, and Germany; however, in Iran's law, ex-ante judicial supervision has been considered only case-by-case in some articles of Iran's Criminal Procedure Code, without being correctly extended to all decisions that are related to the rights and freedoms of individuals in the pre-trial stage. This article aims to explain the ex-ante judicial supervision comparatively taken in Germany and Italy and examine their differences with the existing supervision in Iran using analytical and descriptive methods, and at the same time, it is comparative with library collection tools; done. The findings of the research indicate the need for Iranian legislators and legal doctrine to pay attention to the issue of ex-ante judicial supervision over prosecution and investigation, such as in Germany and Italy, in an explicit and precise manner, and to prevent the centralization of powers of prosecution, investigation and supervision in the hands of the prosecutor's office to improve the quality of criminal justice and Prevention of judicial errors and violation of people's rights with these broad powers that were given to the judiciary.
Volume 29, Issue 2 (6-2022)
Abstract
The paper deals with the comprehensiveness of principle of prohibition of detriment in the situations of lack of rules and mitigation of damage. The no-harm/damage rule is one of the most important jurisprudential rulings that are used in all juridical sections and researches. There is no doubt that harmful verdicts can be removed through this rule. But if damage is caused due to not rendering of judgment, there is disagreement about making up a judgment according to this rule. Obligation for making good a loss is a mental issue and reason does not make difference between existential and non-existence affairs. Moreover, by referring to the custom, it is understood that the obligation of compensation of affairs is uncommon. The contents of the law of damage are also related to the reality that any kind of damage, whether existential or else, must be compensated.