judgmental procedure
Amirhossein Alizadeh; Jamshid Zargari
Abstract
There is no clear solution, in civil justice system and judicial procedure of Iran, how to resolve the dispute among courts regarding to the recognition of full connection among related actions. The question is that which judicial authority should recognize the full connection? And in the event of a ...
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There is no clear solution, in civil justice system and judicial procedure of Iran, how to resolve the dispute among courts regarding to the recognition of full connection among related actions. The question is that which judicial authority should recognize the full connection? And in the event of a dispute on the recognition of the full connection between the two courts, whether in same jurisdiction or in two different jurisdictions or different degrees, how to resolve it? In the current legal order, is there a judicial authority to resolve the dispute? The necessity of answering this question is important because lack of clear and precise rules in this matter causes delays in judicial proceedings, conflicting verdicts, inadequate judgments, and a loss of public confidence in the judiciary. In this article, in a descriptive-analytical manner and with library resources, in addition to analyzing ambiguous cases, suggestions and solutions to silent cases under internal regulations, judicial procedure and comparative law are presented. The result shows that according to the current legal order, despite recognizing the full connection by one branch of the court and sending case to another branch of that court, this branch of the court has obligation to hear related actions for preventing the cessation of the judicial proceedings. However, it is contrary to the principle of judicial independence and imposing the substantive opinion of one branch of the court on another branch of that court. Therefore, it is suggested that in future amendments to Civil Procedure Law, disputes among courts in recognizing full connection in two courts with same jurisdiction, the head of the jurisdiction is in charge and if two courts are in two different jurisdictions or being between supreme court and civil court, the dispute resolution shall be conducted under rules settlement of jurisdictional disputes.
Amirhossein Alizadeh
Abstract
Murabaha is an Islamic contract and one of the means of Islamic banks advance. In two ways, Murabaha will be signed: murabaha that a person purchase a commodity and sell with some profit; Murabaha that in addition to the buyer and seller, the bank participates in contract. The bank purchase the commodity ...
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Murabaha is an Islamic contract and one of the means of Islamic banks advance. In two ways, Murabaha will be signed: murabaha that a person purchase a commodity and sell with some profit; Murabaha that in addition to the buyer and seller, the bank participates in contract. The bank purchase the commodity from the seller, on the basis of purchase order, then under the murabaha contract, sell to customer with some profit. In this type, bank may sign agent contract with customer. Also it is possible that, the bank issue credit card. In fact, murabaha referred to "Inah'' that was expressed in the Islamic jurisprudence. In this type, the contract is made by combination of purchase order and customer’s obligation to purchase from the bank, the bank’s obligation to give agent to customer, payment on the basis of credit card and selling commodity to customer. In this contract, the bank acquires ownership of the commodity, and then sells to the customer. In this agreement, customer’s obligation to purchase from the bank, is legitimate and takes its binding power from mutual consent. In our law, Article 10 of the Civil Code can be documented for the legitimacy of this agreement. But agency granted by the bank to the customer and payment by credit card, is objectionable and drawback.
Private Law
Amirhossein Alizadeh
Abstract
According to the law on the Implementation of Financial Convictions, approved by the Islamic Consultative Assembly on 15/7/1393 and the Expediency Council on 23/3/1394 imprisonment is one way to achieve financial right, but in addition to the request of plaintiff and adoption of the court, it is necessary ...
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According to the law on the Implementation of Financial Convictions, approved by the Islamic Consultative Assembly on 15/7/1393 and the Expediency Council on 23/3/1394 imprisonment is one way to achieve financial right, but in addition to the request of plaintiff and adoption of the court, it is necessary extra conditions. Authority of the court and plaintiff is not absolute. In addition, it is exceptional and In case of doubt, the general principle rules should be applied.In addition, the term of imprisonment is not specified. Identifying the nature of insolvence requires identifying type of confrontation to wealthy that is confrontation between inexistence and potency.However the definition of the legislator in article 6 and its note, as well as the admission for installment in Article 11, indicates that the legislature does not have same attitude .Moreover this article does not comply with the petition for insolvency or wealthy in Article 7 and the recent article also has conditions for proof of insolvency that is criticized.
