Private Law
Asghar zirak barougi
Abstract
The indivisibility of the obligation requires that the obligor fulfill the obligation in full at maturity; And the obligee is not required to accept part of the obligation. However, according to the second part of Article 277 of the Civil Code, the judge can give grace period according to the situation ...
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The indivisibility of the obligation requires that the obligor fulfill the obligation in full at maturity; And the obligee is not required to accept part of the obligation. However, according to the second part of Article 277 of the Civil Code, the judge can give grace period according to the situation of the obligor. This sentence is taken from Article 1244 of the French Civil Code; But in practice it is abandoned Because in some recent laws, insolvency is a condition grace period to the debtor; And most courts do not rely on it in independent rulings. And most of the courts do not decision based on that. In this research, the historical origin, conditions and scope of grace period will be investigated. Is insolvency a condition for grace period? To be answered as a basic question. In short, we can say that grace period was introduced in ancient Rome and subsequently entered French law; And with several changes, finally in 2016, it was repeated with changes in Article 1342-4 of the French Civil Code. And with the conditions and in the absence of a legal prohibition, it is possible to grace period in financial obligations and it is not a condition to prove the insolvency.
human rights
Mahnaz Rashidi
Abstract
Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human ...
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Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human rights discourse, on the one hand, obliges States not to interfere in the free access of human beings to water, and on the other hand, it rests the responsibility of providing the arrangements of water supply and access to this vital substance for them. Although the main commitment of fulfilling the obligations of the right to water is the executive bodies of a country, but the legislative and judicial institutions also have responsibilities for the full realization of this right. The question that this study has been written in order to answer it, is: what role does the judiciary of the Islamic Republic of Iran play in ensuring the right of Iranian citizens to water? The result of descriptive-analytical studies in this paper, which is obtained using library studies and review of international documents and domestic laws, is that judiciary with the main task of establishing rights and justice and reviving public rights, can guarantee the right to water in three general areas: prevention, monitoring and litigation. However, the lack of explicit recognition of the right to water in domestic law is the most important shortcoming, which has largely limited the scope of action of this body to guarantee of right to water
