Title of article :
Comparative Study of Rejection of Contradictions in Iran Law and Imamieh Principles in the Light of French Law
Author/Authors :
Kazemi، Ghobad نويسنده Department of Law, Kermanshah Science and Research branch, Islamic Azad University, Kermanshah, Iran Kazemi, Ghobad , Hariri، Mehdi نويسنده Department of Law, Eslam Abad Gharb Branch, Islamic Azad University, Eslam Abad Gharb, Iran Hariri, Mehdi , Moradi، Khadijeh نويسنده Asistant professor, Fiqh and Law Department, Member of faculty of Razi university, Iran Moradi, Khadijeh , Shakarbeygi ، Alireza نويسنده The scientific member of Law group in Payam Noor University, Iran ,
Issue Information :
روزنامه با شماره پیاپی 0 سال 2014
Abstract :
There is a principle in Islamic principles and Iran law, it is called the principle of being correct by which peoples contradictions basically correct, unless. There is some causes to nullify them. It seems, it is called presumption lawfulness in the developing countries. The incorrect contradiction hasnt one basic principles of contradiction, and there is no effect. The incorrect contradiction has classified in two branches in French law (according to Madtin, cilized principles 1125, 1131) including: absolutely incorrect, relatively incorrect.
Iran law is based on Imamieh, absolutely incorrect, and corrupted, deprived contraction in certification, but there is no relative in correction in Imamieh which is drived from western law. It seems, Iran relative incorrect contradiction can be move applicable. The incorrect contradiction is certified to be applied. One of the effects of is the responsibility of one side of contradiction, it is according to effect of contradiction. The principle of responsibility is called unconsciouslable in French law, but it is called Mayazman, or Zeman Yad in Iran. In order to return the possible injuries of incorrect contradictions, the civilized responsibility is based on accusement in French law, and the subject should return injuries.
In addition to the principles of punishment, there is a right of civilized duty in Iran law, there are also other principles, including, indirect causation, pride, no damage.
Journal title :
International Journal of Economy, Management and Social Sciences
Journal title :
International Journal of Economy, Management and Social Sciences