Private Law
Ali kazemi
Abstract
The theory of questionable litigation as a result of the new economic approach to contracts, in the 2016 amendments to the French Civil Code, in three legal articles 1123, 1158, 1183 and with the aim of creating security and legal certainty about the fate of contracts for third parties or the counterparty ...
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The theory of questionable litigation as a result of the new economic approach to contracts, in the 2016 amendments to the French Civil Code, in three legal articles 1123, 1158, 1183 and with the aim of creating security and legal certainty about the fate of contracts for third parties or the counterparty of the contractual beneficiary, to was used and it is considered among the innovations and attractiveness of the new French contract law. This theory gives the third party or the counterparty of the definitive or possible beneficiary of the contracts the right to oblige the beneficiary to answer questions, in In case of non-response and clarification, the definite or possible beneficiary within a reasonable and conventional deadline, his right against the questioner will be considered forfeited, and legal security and certainty will prevail in the contract, and contrary to the traditional rights of contracts, the owner in a nosy contract with his original silence forced him to break the contract and file numerous lawsuits. In this theory, another right has been created for the principal. The application of this theory in Iran's contract law does not face any particular obstacle and until the amendment of Iran's civil law, the platform for the implementation of this theory is available, and due to its high economic efficiency and guarantee of legal security, its implementation will be useful and effective, and it will prevent the filing of lawsuits. It will prevent a lot, including the enforcement and rejection of transactions against the right of the beneficiary in the courts of justice.
Esmaeil Haditabar; Maryam Mehri Matankolaei
Abstract
Abortion is known as a crime in numerous legal systems in the world. Criminalization basis is different due to religious, ethical and philosophical points of view and also several lawyers are pro or against criminalization and decriminalization of abortion. Abortion is related to the fetus life from ...
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Abortion is known as a crime in numerous legal systems in the world. Criminalization basis is different due to religious, ethical and philosophical points of view and also several lawyers are pro or against criminalization and decriminalization of abortion. Abortion is related to the fetus life from one hand, and therefore protection of fetus life and its respect is the most important basis of criminalization. On the other hand, supporting mother’s rights and respect her freedom is the reason of decriminalization of abortion. The first group or pro- life lawyers form their debates on the basis of refraining from harm others which is known as “harm principle”. The second group reason concerning free will that is called “liberalism”. Thus, “harm principle” and “free will” are against each other. The main issue of this difference and disagreement is the concept and meaning of the fetus legal personality and the time it begins. Accordingly, if one believes that the fetus does not have legal personality there will be no conflict. Hence, this essay is to investigate “harm principle” and “free will” in criminalization of abortion.
