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تطب فصلناهم ژپوهش یقی حقوق اسالم و رغب 4
5 Abastract 2 1 human rights integrity instruments, environmentallaw, law Keywords: sparse some in it for providing Laws. also and necessity protection legal t due it recognize should Jurisprudence enacting new before that suggested is it also and liabilityprovidersservices offor presumption and goodsproducersfor I services the that the liability strict the byrecognizingLaw I Protection Consumer the amend suggested for is considered it with is Hence, providers. presumption comfortable liability some worker, more to hired according contrast, is the of responsibility about In(Fatawa) decrees and (Revayaat) traditions thoughts. liability and the texts law, strict Islamic jurisprudential Under responsibility. of fault the theory on based is it that providers service by implied which practice and custom explicitlycommercial relevant to and parties it and determined not producers has Law refe the goods of 2 Article of Although responsibility civil the between difference fundamental no is thereIran, of Act Protection facili toward is doctrine and courts has the of tendency fault although accepted ofbeen yet not presumption and providers service for considered yet is fault theoryof However, group. first the for presumed is liabilitystrict and American in providers services Abstract Comparative Study the on Civil Liability Foundati . . Email:
P rfso of Professor producers goods of basis responsibility civil the of Scrutiny HD. Student in Private Law,Private in University HD.Student of Tehran, Tehran, Iran. Goods ProducersGoods and Services Providers rn tmrl o h te as peiu elns ewe the between dealings previous Laws, other the to merely it rring
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2 1 law, human Keywords: of interests the and law religious rational both society. of in logic the rules based on are similar rules These system. by criminal international and supported law Islamic are weapons, unconventional descriptive Punishme andPrevention the of theoreticalfoundations This law. be humanitarian can elementary orders of an norms and rules the contain which religious documents, international various is and instances, teachings re several Islamic to Hence, applicable principle. rule general a as equipment military some using Illegitimacyof instruments. warfare Islamic the circumstances. commit of to aware will be jurisprudenc to the need to perpetrator addition the in crimes, crimes, by intentional these weapons In Court. Criminal unconventional International the of of statute the including documents, types and i any as weapons considered of perpetrator, use nuclear The suffering. weapons, biological unnecessaryand inflict pain which shells, explosive firing of instances weapons, international chemical an which in Weapons, weapons Conventional of to contrast kind in weapons, unusual called some often is category This of conflict. criminalized use internationally been the have to thatconcern crime war of instances bycrim internationalcriminalizedbeen the has Abstract The Use of Unconventional Weapons on the Viewpoints . . UniversityQom(of
Ph.D. student in criminal in la student Ph.D. sorted to ban the use of these types of weapons as may be cited in cited be may as weapons of types these of use the ban to sorted Associate professor of the Department of Criminal Law and Criminology, Faculty of Law, of Faculty Criminology, and Law Criminal of Department the of professor Associate which forms many has act, criminal international an as crime, War
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تطب فصلناهم ژپوهش یقی حقوق اسالم و رغب 6
Abastract
7 1 obligation debt Keywords: and theory this Islamic conflictis in thewestern with theorylaw, of obligations. to theory introduction this anthat noted be is should It theory. such suggesting studyof necessity the represents This fulfilling. discharging debt of and causes and debt of effects provisos, the inc sources, concepts and “the rules, named principles, obligation theory comprehensivelegal from of set coordinated and regulated a a is that it debts of theorygeneral suggested of be nature can distinguished institution, and vast independent the considering quite it, civil of Thus domains various in property. debt the of this application over control legal full has owner, any as he, and tortfeasor the of creditor its is and property inju but relationship promissory personal a onlymainly not is loss the causing person the and loss the suffering person the between obli relationship the cause law, tort in Also effects.different a merelywith lawIslamic the possessoryin western which the in contracts law promissory this as to regarded are Due which concept.contract "obligation" the The guarantee than and loan, rent, sale, as such contracts Nominated institution, Ein(thing). extensive more of is regarded species law a is i is institution legal and this of and application conceptual the law has ownership which property of Islamic personal intangible characteristics the of kind in a as essentially “obligation” from concept Abstract The General Theory ofDebts the in Islamic . Studies
Assistant quite a as considered is law, western the unlike Debt,
, Meybod red person is the owner of the equivalent or the value of the of value the or equivalent the of owner the is person red P
rofessor of the of rofessor
et, biain, eea db ter, otat law, contract theory, debt general obligations, debts, Comparison with the Western Law , Iran ,
hc i prety osset ih h cnet of concepts the with consistent perfectly is which ; Email:
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Nasrollah Jafari Khosroa Jafari Nasrollah Faculty of Theology and Islamic and Theology of Faculty n the contract and tort and contract the n law as well as the as well as law Law Law and its
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Contents
1- The General Theory of Debts in the Islamic Law and its Comparison with the Western Law 1 Nasrollah Jafari Khosroabadi
2- The Use of Unconventional Weapons on the Viewpoints of International Criminal and Islamic Law 19 Abolfath Khaleghi Nematollah Nabavi
3- Comparative Study on the Civil Liability Foundation of Goods Producers and Services Providers in Iranian, Islamic ,American and European Union Law 43 Seyed Hossein Safaee Hadi Shabani Kandsari
4- Comparative Study on the Foundations of Commitment to the Contract with an Emphasis on the Reliance Theory 67 Ebrahim Abdipour Fard Abdul-Reza Parhizgar
5- The Effect of Legal Thoughts on the Formation of Constitution in Islamic and Western Law with an Emphasis on the Shahid Beheshti Thought 93 Ali Mashadi Ayatollah Jalili Morad
6- Islamic Law(Sharia) as Applicable Law on Commercial Contracts : A Legal Tragedy or Interaction Between Legal Systems 117 Mostafa Mirmohammadi
7- The Contractual Civil Liability for Third Party Action in Iranian, French and Islamic Law 143 Alireza Yazdanian
Comparative Study on Islamic & Western Law
Vol. 2, No. 4 Winter 2016
Director in Charge: Seyed Hassan Shobeiri Editor-in-Chief: Adel Sarikhani
Editorial Board: Mahmood Hekmat Nia (Professor of Law, Islamic Research Institute for Culture and Thought) Ahmad Deilami (Associate Professor of Law, Univerisity of Qom) Adel Sarikhani (Associate Professor of Law, Univerisity of Qom) Seyed Hassan Shobeiri (Assistante Professor of Law, Univerisity of Qom) Mahmmod Sadeghi (Associate Professor of Law, Tarbiat Modares University) Mostafa Fazaeli (Assistant Professor of Law, Univerisity of Qom) Abbas Ghasemi Hamed (Professor of Law, Shahid Beheshti University) Jafar Koosha (Associate Professor of Law, Shahid Beheshti University)
Persian and Scientific Language Editor: Dr. Ruhollah Akrami English Language Editor: Dr. Seyed Hassan Shobeiri Executive Director: Ayatollah Jalili Internal Design: Musa Amiri Cover design: Meysam Mohammad Hassani
Postal Adress: Faculty of Law, University of Qom, Qadir Blvd, Qom, Iran, Post Code: 3716146611 Tel. No.: 098 -25- 32103627 Fax No.: 098- 25-32850959 Email Adress: [email protected]