Showing 16 results for Ghanavati
Volume 2, Issue 9 (12-1998)
Abstract
In this study the essential element of contract of "Mozaribah" i.e.. capital, work of Amil and interest, have been considered in both imamiah and sunnite jurisprudence and Iran's civil law. The conclusions of this analyse are as follows: 1. in the said contract, the involved capital must be in cash. Therefore, if the capital are the form of goods and chattles "Mozaribah" will be void. 2. Certainty and determination of the involved capital are two essential factors of the Mozaribah contract. Nevertheless, the ignorance which leads finally to the certainty and determination does not nullify the contract. 3. Mozarib or Amil should have commercial activities with the capital that proprietor gives over him. But the recognition of the commercial activities is in acordance of article 2 of commercial code approved on 13 ordibehesht 1311 (1932). In other hand, since Amil is considered in the position of the trustee, he should act as a reasonable man; otherwise, he will be liable for his acts. 4. the dividing of the acquired interest should be stipulated Jointly in the contract of Mozariba, otherwise, the contract and the condition stipulated the mode of interest dividing are null and void.
Volume 7, Issue 30 (12-2019)
Abstract
A significant part of Persian poetry is epic, and its domain has extended to the realm of folkloric literature. Local J
angname are poems with epical features that have been specifically written to imitate Shahnameh. These poems are in the form of masnavi, motaghareb and sometimes hazaj, describing exaggerated narratives, tales and heroic stories of persons or historical individuals from a geographical area
. They are preserved for a long time in the area and could be used to resolve local and tribal conflicts. Depending on their subject matter, Jangname sometimes narrates the war between tribal leaders and the feudalists (khavanin) of the region, and at times narrates the war of a group with the central government, or the battle of a group of regional people with foreign forces. The element of war and the celebration or degradation of the local and regional characters and events are the basics of these poems. The works focused in this study are Jangname of Raeesi Delavari, Jangname of Hayat Daboud and Nightshift, and Jangname of on the light of Liravi which are studied stylistically and typologically. These poems influenced by the linguistic and literary style of the Shahnameh and other epic texts, as well as their tone and dialogue, have substantial differences with the epic genre; there is no indication of aspects such as myth, fiction, heroism, national spirit, and defamiliarization in these poems. They suggest no national spirit, because their heroes often seek to achieve their personal goals and objectives. It is concluded that these poems should be called ‘quasi-epic’.
Volume 9, Issue 38 (5-2021)
Abstract
Despite the differences that recently have arisen in determining the meters of the folk poetry, it can be said with confidence that the meters of the folk poems follow the rules of syllabic accentual meters. Work songs (work poetry) is a branch of folk poetry which is read in harmony with the rhythm of the work and it has work-related content. Workers recited these poems in groups or individually to refresh themselves, making work easy and faster. In this article, at first, we have defined the work songs and its types and characteristics, and then analyzed the meters of these poems from two perspectives: the quantitative meters, and the syllabic accentual meters. We have found that the work songs follow the syllabic accentual meters and there is a significant relationship between the meters of work songs in a specific branch. The work songs also match the rhythm of the work. Also, by changing the work rhythm, it takes on different rhythms as well.
Volume 12, Issue 1 (4-2012)
Abstract
Surge and rotating stall phenomena are two dynamic instabilities that occur in both axial and centrifugal compressors. Surge is the stream instability phenomenon in compressor that imposes severe damages to the compressors. Nowadays, suppressing surge phenomenon is one of the most important issues in oil and gas industries, especially when flow reduction or gas reflux is considered. This research seeks to extract the required technical information about control lines, surge lines, and to present a new combined method to determine the performance curve of 6 rows of gas compressors in Asmari Kupal gas pressure boost station (National Iranian South Oil Company) made in Germany by MAN BORSIG Company, and to design a smart controller in order to increase the reliability of the control system and improve the machine performance. Finally, the system performance validity is shown by simulating a surge characteristic curve and implementing two points of the compressor operation condition
Volume 14, Issue 1 (Spring 2010)
Abstract
Boshehr is a coastal city located along the warm waters of persian gulf. It is limited to zagros mountains persian gulf, hableh river and Tangestan town from north, south, west and east, respectively. The study area is in between sea and land areas. Such especial situations make the formation of specific land forms in coastal regulation zone (CRZ). Howevre, land from studies, especially land forms in CRZ (land between low water line and 500 meters from high water line) are well sensed.
Therefore, such sensetive areas should be more considered and more efforts should be made to have better knowledge about them. This would enable a better planning and management of industrial, commercial, residential, environmetal and tourism problems of these areas. for better analysis and getting best knowledge for mapping land forms of this area, remote sensing, GIS and GPS technologies have been used. In this research, geology soils, climate and hydrology of the area were first studied. then, the charachteristics of the area, CRZ definition, land forms classificahion and their precise definition and also collection of tide statistics were made. First, remote sensing, preprocessing of the data was made and then, using digital and visual interpretation techniques, different land forms were identified.
regulation zone was drown. Based on ground truth data comparison, the final land from map within the CRZ was generated. the CRZ land from map showed thah the coatal areas of Boshehr are plagic in type and their formation is mainly due to land erosion factors than sea erosion. Also in this
area, the rules of crz are not observed and must be seriously considered.
Then, using extracted tidal and shore lines from satellite data, the coastal
Volume 15, Issue 3 (July & August (Articles in English & French) 2024)
Abstract
As one of the most prominent components of native-like language use, lexical bundles play a crucial role in academic texts. Considering the amount of written language produced by writers, this study explored lexical bundles in non-native and native academic reports. To that end, 100 sample reports of non-native and native writers taken from the Michigan Corpus of Upper-level Student Papers (MICUSP) were selected and analyzed to find non-native and native writers’ use of lexical bundles regarding frequency, structure, and function. Results indicated that native writers generally used a more extensive variety of lexical bundles in their reports. Regarding the structure of bundles, both non-native and native writers tended to employ more noun phrases with of-phrase fragments. In terms of the functions of bundles, both groups of writers tended to use more research-oriented bundles, followed by text-oriented and participant-oriented bundles, respectively. Findings highlight the value of fixed expressions in producing coherent academic texts by proficient writers, hence their importance in materials design and second language instruction.
Volume 18, Issue 1 (Spring 2014)
Abstract
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Volume 19, Issue 2 (Summer 2015)
Abstract
Social inequality refers to differences in resources that are in demand in a society. Usually, social and economic inequalities appear in patterns of spatial inequality and the critical point of inequality in urban areas is that most disadvantaged areas, take least advantage of that distribution or redistribution. Ahvaz city, has witnessed several transformations in recent decades that it has become to one of the country's major metropolises. The purpose of this study is to examine social inequality in the city. The purpose of this study is to examine social inequality in the city. The research method is descriptive - analytic. The research method is descriptive - analytic study. Information, using the library and field methods has been collected. In the field method, questionnaire tool is used. Statistical population in this study is householders of Shahrak-e-Naft, Golestan and Hasir Abad districts in Ahvaz city. Each district according to its population had several appropriate questionnaires which were distributed randomly. According to the results of the investigation, since Hasir Abad residents have lower levels of social and economic, as well as experience a different lifestyle and have lower social benefits. Also, service quality in these districts are low, consequently, citizens have little access to urban services.
Volume 19, Issue 2 (Summer 2015)
Abstract
The conclusion of investment treaties between states, given the nature of national law and international law, is a new string of discussions between arbitrators and lawyers, which has created some of the issues that do not comply with the rules of the classical national law and international law. Conclusion of two separate but simultaneous agreements, the treaty between the state-state, and between the state-investor on thesubject of separation and recognition of the contractual claims, and the treaty claims (considering the effects of determination of the applicable law and the competence of tribunals) have created considerable importance for the host states, exporting capital states, investment companies and
arbitrators. In fact, separation of claims arising out the contract or the treaty not only, in case, makes the domestic courts or international tribunals to be qualified, but also affects on the law governing the dispute based on domestic law or international law principles.
Therefore, several criteria have been considered for separation of disputes. Currently the most famous is still the classic standard of Jure Imperii and Jure Gestionis. It is also true in the subject of competent jurisdiction regarding the criteria for which shall the tribunal refer to the stage to accept or decline jurisdiction, whether the plausibility of claimant’s claim is sufficient or shall be considered the Prima Facie Criteria.
Volume 21, Issue 1 (Spring 2017)
Abstract
International commercial rules not ratified by governments are divided into two categories. Some of them are designed to be incorporated by the parites of a international contract, such as incoterms, others are conventions and model laws designed to ratified as hard law by government but not yet ratified. In this paper we tackled the question what is the legal status of International Commercial Soft Law. In this regard, we disregarded the discrepancies existing in public international law works. In sum, the legal status of such rules is mainly dependent on principle of freedom of contract and principle of autonomy and how and to what extend commercial customes are recognized by different jurisdictions. Internaiotnal Commercial Soft Law has found a special position in international trade for several reasons, such as involvement of commercial and industrial practitioners in drafting of such rules, development of democracy, liberalization of economy, globalization of trade and so on.
Volume 23, Issue 1 (Spring 2019)
Abstract
Expectation interest with the approach of the motivation support of parties from conclusion of the agreement is accepted as the most efficient criterion for assessing contractual damages in Common European Sales Law, Draft Common Frame of Reference and Principles of European Law. Expectation interest means to put the contractual injured party in the position if the contract had been performed. This theory, not only has its particular bases and principles, but also can be justified through the principles governing contractual remedies such as the principle selection freedom of the efficient remedies. Theoretically the principles such as the Transactional nature of the contract, contract as a property and consistency with the theory of efficient breach necessity of playing equal to the rate at the payment the full compensation principle can be cited. Although this criterion has faced some challenges in Iranian law according to article 515 of the civil procedure law, but assessing damages based on this criteria according to the effect that can have on the motivation of parties regarding conclusion of the agreement,optimal allocation of resources, reaching to the contractual objective has particular efficiency. So the current article studies on feasibility of acceptance in Iranian law with the efficiency analysis of this criteria and its relation with particular efficiency.
Volume 24, Issue 1 (Spring 2020)
Abstract
In arbitration The System of England domestic arbitration of Iran, substantive review (not procedural) is limited mainly to questions of law and finality of arbitrators’ findings of facts is accepted as a principle. However, the absence of explicit legal prohibition on the possibility of review of facts has caused ambiguities in this regard; In the UK, some believe "the Lack of evidential basis for finding of fact" as an exceptional test, especially in domestic arbitrations, may lead to the review of the arbitrators’ findings of facts, although the appearance of statute law, particularly in granting absolute discretion to arbitrators on the matters of evidence, opposes this view; on the other hand, in Iran's rules of arbitration, the possibility of reviewing “substantive law” and the suspense of arbitrators’ power towards the matters of evidence, may cause all questions of fact to be reviewed, even on the evidence matters and the general process of fact finding; this study briefly describes the facts and law and analyzes relevant approaches to the review of the question of fact. Finally, despite the fact that this research finds such a review for the court possible due to the extension of the scope of question of law review, from the perspective of the current rules of domestic arbitration of Iran while considering the finality principle of the arbitral decisions and the nature of the rules particularly the analysis of Article 374 of Civil Procedural Act, it emphasizes on the court limited intervention to the arbitrators’ gross mistakes.
Volume 25, Issue 4 (Winter 2021)
Abstract
An important condition for a contract to be concluded, is the agreement of the parties; but this agreement may be disrupted due to a mistake. Recognizing a contractual mistake and locating the boundaries of which is done based on two approaches: Objectivism and Subjectivism. According to the subjective approach, the parties' mentality and attitude state forms the contract, and in case of a contradiction in their mentality towards the contract, their mentality state is given precedence. But, in the Objective approach, objective criteria determine the conclusion of the contract in case of having disagreements, and the contract is concluded based upon the parties' apparent agreement. The key question addressed by the authors in this essay is that which of the aforementioned approaches is used to identify the contractual mistake and establish the parameters of its indemnification under legal systems of Iran and England? Contrary to what is generally said, Iran's legal system is Objective just like the England. In this research, which is based on the analytical-descriptive method, the authors first identify the basic similarities and differences of Iranian and English legal systems, and by examining the issues related to contractual mistake, by rejecting the purely subjective approach, they identify the state of objectivism in the two mentioned systems.
Volume 26, Issue 1 (Spring 2022)
Abstract
Introduction
The strategic city of Mahshahr port is one of the sensitive and key urban spaces of Khuzestan province and the country, which plays a vital role in the export and import of various oil and non-oil materials and goods due to its brilliant historical background, and in political, commercial, security, economic, social, and environmental aspects has a special importance and status. An examination of the historical trend of the location of Mahshahr port shows that the importance of this strategic space is increasing with an increasing speed. Due to the internal correlation of sustainable urban development indicators to each other, the development of Mahshahr port city should be in all its aspects, so that along with economic development, social and environmental development also should be done, because if there is no coordination between the dimensions of sustainable urban development of Mahshahr port, comprehensive development will not happen, and the potentials of sustainable development of Mahshahr port city will not be used optimally. Another issue of sustainable development of Mahshahr port city is that attention is paid only to the port position of this city for economic development, while Mahshahr city has many capacities in other human and natural sectors, especially tourism (natural and human) for sustainable urban development. It should be considered as medium-term and long-term plans. Therefore, explaining the factors affecting the sustainable development of this key port by relying on futures studies can play a significant role in the all-round development of this city. Thus, the main question of the present study is: What are the key drivers of sustainable development in the port city of Mahshahr with a futuristic approach?
Methodology
The present research is applied in terms of purpose and in terms of nature and method is based on new methods of futurology, analytical, and exploratory science. Questionnaire and Delphi technique and documentary and library studies have been used to collect the required data and information. To apply the Delphi technique and analyze the cross-effects, questionnaires have been prepared in two stages. The first stage includes 50-item open questionnaires, in which the most important factors affecting the sustainable development of Mahshahr port city have been provided to experts in the central issues considering different areas and comprehensive sustainable development, which led to the general extraction of factors affecting sustainable development in the port city of Mahshahr. The second stage includes 30-item questionnaires to determine the main factors affecting the sustainable development of Mahshahr port city through weighting, which were completed by the experts and finally used to analyze the collected data from MicMac software.
Results and discussion
Among the 35 main factors affecting the sustainable development of Mahshahr port city, a total of 8 key variables affect the sustainable development of Mahshahr port city. Thus, these variables have the most and least impacts on the future of sustainable development of Mahshahr port city and include the factors of "domestic tourism development (V4), urban development plans (V19), efficient local management (V21), efficient macro management" (V23), education (V24), communication network (V28), security (V30), and geographical location of Mahshahr port (V33) ".
Conclusion
Sustainable urban development is a multifaceted process that is influenced by various economic, socio-cultural, and environmental factors. Given the interdependence of each of these factors success or failure to achieve sustainable urban development depends on the type of planning and institutional capacity of city officials regarding sustainable urban development. Geographical location and human characteristics of Mahshahr port city has provided the necessary infrastructure for the development of urban sustainability in the city. Due to the high impact of the role of management on other factors, adoption of rational policies regarding sustainable urban development by managers and officials of Mahshahr port city, can determine the directions of success or failure of sustainable development of this port city.
Volume 27, Issue 3 (Fall 2023)
Abstract
Jurists have always been interested in the methods of transferring ownership rights of immovable property as a legal fact. Different legal systems' attitudes toward the simple or complex registration of property rights have had varying effects on the social and economic structures of each society. Possibly, the consistency of real estate transactions in Germany, and the disorder of this field in Iran can be attributed to the attitude towards the creation and transfer of ownership of immovable property, despite the Iranian government's recent support of the positive developments in this field. In Iran's legal system, according to the theory of ownership and the principle of the intentionality of ownership contracts, which have deep roots in Ja'fari jurisprudence, the right of ownership is considered to be based on nothing more than the effect of a legitimate transaction, and "registration" has only a declarative effect and is only confirmed if it matches the "truth". In German law, "registration" is deemed to have a "creative" effect and act independently of the original binding contract, thereby transforming the property right into a compound right. This research, using a descriptive - analytical, and comparative method, while expressing the concept, difference, and effects of each of the two causal and abstract systems of transferring ownership of immovable property, has come to the conclusion that without a doubt, in order to organize transactions in the field of real estate and maintain economic order and public interest, Changing the perspective on how to create and transfer ownership rights in Iranian law is a necessary and inevitable thing that can be justified by identifying "registration" as a part of the ownership right process and a necessary condition for the transfer of this right.
Volume 27, Issue 3 (Fall 2023)
Abstract
As for the buy-out clause, if the player pays the buy-out fee, he/she can terminate the contract prematurely without specifying any cause. The current research principally aims to analyze the legal nature of the buy-out clause and what are its legality conditions in FIFA regulations and Iranian law. Regarding the nature of the buy-out clause, different perspectives have been raised. From a perspective, the buy-out clause can be classified as a liquidated damage clause and is subject to prohibition of exorbitant and unfair liquidation damage provision. According to another perspective, the nature of the buy-out clause is a contractual right. The buy-out fee is in consideration for the exercise of contractual rights. Currently, the latter opinion is preferred by FIFA. Under Iranian law, basically, the nature of buy-out is valid and acceptable, but according to the Iranian Football League’s new charter of registration of employment contracts for the season 2023-2024, the use buy-out clause in the contract of Iranian players is prohibited. The findings of the present study with the analytical-descriptive approach indicate that the nature of the buy-out clause is a conditional opt-out right. Termination by this method should be deemed to be based on the parties’ (prior) consent. The player can trigger the buy-out clause and terminate his/her contractual relationship unilaterally and prematurely upon the unconditional and complete payment of the buy-out fee.