Business Law
Omolbanin Ramezanzadeh; Seyed Hassan Hosseini Moghadam
Abstract
According to the Commercial Code, a bankrupt merchant is exempt from paying late payment compensation after stopping. Disagreement over whether the guarantor of the bankrupt merchant follows the merchant regarding the compensation for late payment compensation has caused the General Assembly of the Supreme ...
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According to the Commercial Code, a bankrupt merchant is exempt from paying late payment compensation after stopping. Disagreement over whether the guarantor of the bankrupt merchant follows the merchant regarding the compensation for late payment compensation has caused the General Assembly of the Supreme Court to issue a unanimous decision No. 788 dated 2020/06/16in which, in authors opinion, Civil opinion overcomes the issue of dispute and the special conditions of the Commercial Code and the comprehensive provisions that apply to bankruptcy are abandoned and regardless of the circumstances of bankruptcy according to the rule of guarantor liability compliance with the main debt in civil law, The guarantor is also exempt from paying the compensation for the delay. The question that comes to mind is whether in all cases the amount of liability of the guarantor is a function of the amount of liability of the subject and follows it? In this article, through descriptive-analytical research method, the commercial law and the different view governing trade relations in different fields were considered and led us to believe that, basically, except in special cases, purely civil views and provisions of the civil law should not be used in interpreting commercial regulations and the theory of commercial regulation independence should have been protected to meet the commercial needs of society. This independence has been violated in the unanimous vote of the mentioned procedure and has caused confusion of the provisions of commercial law and civil law. Inevitably, like the vote of unity of procedure 811, which was held to explicit the vote 733; By issuing a new unification procedure, or explicitly amending articles such as Article 405 or Article 421 of the Commercial code, the guarantor shall retain responsible for paying the late payment compensation despite the bankruptcy and exemption of the trader.
Criminal Law
Sayyed Hosein Ale Taha; Hosein Aghaei; aref bashiri
Abstract
There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood ...
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There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.