perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713122articleSeyyedeh Roghayeh Karimikarimi@gmail.com1Fatemeh Mahdavimahdavyy@yahoo.com2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.<p>&ldquo;The appellate institution constitutes a fundamental pillar for ensuring due process and rectifying potential errors of lower courts within contemporary legal systems. Defining the scope and boundaries of the appellate court&rsquo;s jurisdiction, and examining the extent of its adherence to&mdash;or independence from&mdash;the subject matter of the initial ruling, represents one of the most significant theoretical and practical challenges in the judicial process. The central problem of this research is whether the appellate court&rsquo;s jurisdiction is strictly confined to the scope of the appeal and the contents of the first-instance judgment, or if it can engage in an independent substantive and formal evaluation of the case within the framework of procedural laws. Adopting a descriptive-analytical method and relying on Iranian civil and criminal procedural regulations, unified judicial precedents, legal doctrines, and comparative examples from foreign legal systems, this article analyzes this question. The findings indicate that while the first-instance ruling serves as the starting point and the primary framework for appellate proceedings, it does not impose an absolute restriction on the appellate authority. Nevertheless, the exercise of independent powers by this authority must remain within the limits of the law and respect principles such as judicial security, the predictability of judgments, and the stability of proceedings.&rdquo;</p>http://ahrarlawjournal.ir/Article/53381Appeal Court of Appeal First-Instance Ruling Scope of Jurisdiction Judicial Security Stability of Judgments Procedural LawperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-047132340articleFatemeh Shad Nakhodcharishad@gmail.com1Mohsen Khakzadkhakzad@guilan.ac.ir2mostafa Khazal Vashi mostafa@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..Assistant Professor of Public Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Faculty Member in Criminal Law and Criminology, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.<p>In the Iranian legal system, discharge is recognized as one of the important institutions of civil law and a means of nullifying obligations. According to the principles of Imami jurisprudence and the articles of the Civil Code, discharge is a voluntary act by which the creditor unilaterally waives his religious right, and as a result, the debtor is released from his obligation and the obligation is nullified. Article 289 of the Civil Code includes discharge as a means of nullifying obligations, and Articles 289 and 290 refer to its nature and effects. Given the important effects of this legal act on the relationship between the creditor and the debtor, analyzing the conditions and limits of its realization is of particular importance from a jurisprudential and legal perspective. Discharge may be absolute or conditional. One of its notable forms is conditional discharge, in which the creditor limits his right to discharge to a specific condition or conditions. In this context, the creditor may foresee the right of recourse for himself within a certain period when drafting the discharge. This right of recourse can be established in two ways: First, in an absolute manner and without dependence on a specific condition; and second, in a manner contingent on the realization of a specific event in the future, in such a way that the exercise of the right of recourse is subject to the fulfillment of that condition. However, the acceptance of such a structure in absolution faces jurisprudential and legal challenges. Among the most important problems raised is its conflict with the jurisprudential rule of "what is lost cannot be restored", which implies the impossibility of returning a lost right. Also, since absolution is classified as a right of recourse, The issue of the lack of flow of options in the iqā'at is also raised as an obstacle to accepting the right of recourse. Therefore, examining the possibility or impossibility of recourse to acquittal and analyzing its jurisprudential and legal foundations is a matter worthy of reflection in Iranian civil law. The purpose of this research is to explain the nature of conditional acquittal, examine the possibility of foreseeing the right of recourse in it, and analyze the jurisprudential and legal perspectives related to this issue.</p>http://ahrarlawjournal.ir/Article/53382Acquittal conditional absolution withdrawal from absolution fall of obligations fall rule of the irretrievableperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-047134164articleMohammad Mahdi Meraatimerati@gmail.com1Ahmad Pour Ebrahimpourebrahim@iaurasht.ac.ir2Master’s Degree in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Assistant Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>The insurance contract, as one of the most complex forms of private contracts, has persistently given rise to legal disputes due to the inherent information asymmetry between the insurer and the insured. The central issue of this study is to elucidate the nature and scope of the insurer&rsquo;s obligation to provide insurance-related guidance and advice, and to examine the limits of the insurer&rsquo;s legal liability in cases of advisory fault or negligence. Adopting a descriptive&ndash;analytical approach and relying on library-based sources, statutory provisions, judicial precedents, and legal doctrines, this paper seeks to address the question of whether the insurer&rsquo;s obligation is merely confined to the issuance of an insurance policy in accordance with the insured&rsquo;s request, or whether the insurer is also subject to an independent obligation to provide clear, accurate, and appropriate advice tailored to the insured&rsquo;s specific circumstances. The findings indicate that the insured commonly enters into the insurance contract without possessing specialized knowledge and primarily relies on the explanations and representations of the insurer or its agent. A substantial proportion of insurance disputes arises from a lack of transparency in clarifying the scope of coverage, exclusions, and policy terms and conditions. The study concludes that the duty to provide insurance advice constitutes an implied obligation rooted in the principles of good faith and contractual transparency. Consequently, where incomplete or misleading advice is rendered, the insurer may, depending on the circumstances, incur liability for compensation of the resulting damages, and such liability is not necessarily confined to the express terms of the insurance contract.</p>http://ahrarlawjournal.ir/Article/53383Insurance contract duty to provide insurance advice good faith civil liability of the insurer advisory negligence insured.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-047136583articleSeyed Hossein Pourhaghshenashaghshenas@gmail.com1Qasem Qasemi BivarzaniQasemi56@iau.ac.ir2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran. Assistant Professor of Islamic Theology and Teachings, Department of Islamic Theology and Teachings, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>Spouses' property rights in Iran are based on the principle of financial independence of spouses and Articles 1106 and 1118 of the Civil Code. However, social and economic developments in recent decades have shown that this traditional system is unable to respond to the complexities of new family assets, as housework, indirect participation, women's caregiving roles, and joint investments lack sufficient legal reflection in the current system. This article, by examining the existing legal framework, interpreting case law, and making a comparative analysis with leading legal systems, identifies current challenges in the fair redistribution of assets after divorce using a library and documentary method. It then presents proposals such as the system of "participation in assets obtained from joint effort", the economic calculation of the value of household work, the amendment of Article 1119, the revision of Article 29 of the Family Support Law, the electronic registration of property during cohabitation, and the establishment of specialized boards for the evaluation of family assets. The findings show that structural reform, not merely interpretative, is a necessary condition for achieving financial justice in the family</p>http://ahrarlawjournal.ir/Article/53384Division of property conditions of marriage family rights divorce wife's financial rights.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-047138496articleAmir Lotfilotfi@gmail.com1Amin Najafiannajafian@yahoo.com2Fatemeh Shadhanshadha@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..Assistant Professor of Islamic Jurisprudence and Foundations of Islamic Law, Department of Islamic Jurisprudence and Foundations of Islamic Law, Faculty of Humanities, Shahid Mahallati Islamic Sciences University, Qom, Iran.Faculty Member in Public International Law, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.<p>Consensual divorce, as one of the ways to end married life in Iran, has experienced significant growth in recent years. This type of divorce takes place with the spouses&rsquo; agreement on all financial and non-financial matters such as mahr, alimony, child custody, and visitation, and compared with other types of divorce, it has a simpler and less contentious process. The present article, from a multidimensional perspective, examines the legal foundations, social causes, psychological effects, and strategies for reducing the harms resulting from consensual divorce.This article analyzes consensual divorce as one of the most common types of divorce in the legal system of Iran. Its aim is to examine the legal process, social and psychological effects, and its advantages and disadvantages compared with other forms of divorce. It also addresses the role of family counseling and the court in accelerating or reducing the negative effects of this type of separation.</p>http://ahrarlawjournal.ir/Article/53436Mutual consent divorce Iranian legal system family counseling psychological effects of divorce child custody dower and maintenance perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-0471397117articleMohsen Falahfalah@gmail.com1Khatereh Derogar lichahidaroogar@gmail.com2Assistant Professor of Public International Law, Department of Law, Faculty of Humanities, Nowshahr Branch, Islamic Azad University, Mazandaran, IranMaster’s Student of Private Law, Department of Law, Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Mazandaran, Iran.<p>This study examines the rights and obligations of the parties to ship charter contracts through a systematic approach based on the regulations of Iranian maritime law. As one of the key legal instruments in maritime transportation activities, the ship charter contract plays a significant role in regulating the relationship between the shipowner and the party utilizing the vessel, and its efficiency has a direct impact on facilitating the transport of goods and passengers. The legal framework governing this contract in the Iranian legal system, particularly the Maritime Law of 1964 and the supplementary provisions of the Civil Code, determines the principles and rules related to the nature, conditions, and effects of these obligations. The research adopts a descriptive-analytical method, and the data have been collected through library resources, legal documents, and specialized texts. The findings indicate that features such as consensuality, consideration, the binding nature of obligations, as well as the specification of duration and subject matter, contribute to transparency in the legal relationship between the lessor and the lessee and provide the necessary basis for contractual flexibility. The results of the study show that the Iranian maritime legal system, by clearly defining the rights and duties of the parties, has provided the grounds for the effectiveness of this contract and the enhancement of legal certainty in the process of maritime transportation.</p>http://ahrarlawjournal.ir/Article/53437Obligations Contract Ship Charter Maritime Transportation perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713118169articleMohammad Taati sereshkeTaati@gmail.com1Ataollah Esmaeiliemaeeili@gmail.com2Master of Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.- Assistant Professor of Jurisprudence and Islamic Sciences, Department of Quranic and Hadith Sciences, Faculty of Literature and Human Sciences, University of Guilan, Rasht, Iran.<p>Today, the stipulation of the wife&rsquo;s right to employment within the marriage contract is regarded as the most significant protective mechanism for women&rsquo;s occupational rights within the family sphere. However, Iranian legal doctrine and judicial practice have largely neglected a precise analysis of the relationship between this stipulation and the jurisprudential rule: &ldquo;lā yuḥillu ḥarāman wa lā yuḥarrimu ḥalālan&rdquo; (one shall not render the unlawful lawful, nor the lawful unlawful). Adopting a descriptive-analytical method and critically re-examining Islamic jurisprudential sources (the Hadith of Conditions, the rule prohibiting the permissible, the rule of conflict [tazāḥum]) as well as Articles 234 to 239 of the Iranian Civil Code, this article argues that accepting an absolute condition of employment (without any time limitation) necessarily transforms a permanently permissible act&mdash;&ldquo;refraining from the forbidding of (the wife&rsquo;s) employment&rdquo;&mdash;into a forbidden (ḥarām) act, rendering the condition void and null. In contrast, the theory of &ldquo;temporal limitation of the condition&rdquo;&mdash;i.e., restricting the condition to a specific period, such as &ldquo;until the termination of employment in [a given] job&rdquo; or &ldquo;until retirement age&rdquo;&mdash;preserves the original permissibility (ibāḥa) and does not entail the prohibition of the lawful; thus, the condition is valid and enforceable. The author, through a typology of employment into (i) rationally obligatory (arising from the husband&rsquo;s insolvency), (ii) collectively sufficient obligatory (socially essential occupations), and (iii) purely permissible (mubāḥ), limits the scope of the temporal-limitation theory to the last category, maintaining that the obligatory types require no temporal restriction whatsoever. Finally, while critically analyzing a judgment of the Tehran Provincial Court of Appeal which, relying solely on Article 28 of the Constitution and disregarding the rule prohibiting the lawful, upheld the absolute condition as valid, the article offers several solutions: &ldquo;revision of Article 1117 of the Civil Code,&rdquo; &ldquo;enactment of executive regulations for notaries public,&rdquo; &ldquo;amendment of the standard marriage certificate,&rdquo; &ldquo;uniform judicial interpretation,&rdquo; &ldquo;differentiation in legal representation and counselling,&rdquo; and &ldquo;comparative legal research.&rdquo; This article innovatively demonstrates that the theory of temporal limitation, contrary to the traditional approach, is not only more consistent with Imamiyya jurisprudence (fiqh) but also, by establishing a balance between party autonomy and public order, can contribute to the consolidation of the family foundation.</p>http://ahrarlawjournal.ir/Article/53664Condition of Wife’s Employment Temporal Limitation of Condition Rule Prohibiting the Lawful (Taḥrīm al-Ḥalāl) Condition of a Legal Act Article 1117 of the Iranian Civil Code Hardship and Exigency (‘Usr wa Ḥaraj).perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713170209articleNarjes Khan Valikhanvali@gmail.com1 Sayyed Ali Jabbar Golbaghi Masoulehgolbaghi@gmail.com2Master's degree student in private law, Law Department, Ahrar Higher Education Institute, Rasht, Iran.Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.<p>Despite its widespread prevalence in Iran's construction projects, the legal nature of construction partnership contracts remains ambiguous within the classification of nominate and innominate contracts. This ambiguity intensifies when the developer pre-sells a portion of the units to third-party purchasers and subsequently the underlying partnership contract is disrupted. Using a descriptive-analytical and desk research methodology, this study pursues two fundamental questions: First, does the intrinsic nature of the construction partnership contract create any direct obligation for the landowner toward third-party purchasers? The working hypothesis posits that the doctrine of privity of contract governs and primary liability rests with the developer, unless an agency or representative clause within the contract is established. Second, what impact does the Law on Mandatory Official Registration of Real Estate Transactions have on these obligations? The findings indicate that while this law enhances registration certainty, it does not fundamentally alter the nature of these tripartite relations; therefore, the necessity to reform the Building Pre-Sale Law and clarify the joint and several liability of the landowner and developer remains imperative.</p>http://ahrarlawjournal.ir/Article/53665Construction partnership agreement third-party purchaser relativity of contracts law mandating the formal registration of transactions joint and several liability. perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713210229articleMaryam Haji hasanihasani@gmail.com1Akbar Imanpourimanpor@gmail.com2Master’s Degree in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Assistant Professor of Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.<p>Smart contracts, as a new generation of contracts implemented on the platform of distributed ledger technology_particularly blockchain_have been introduced as a tool for guaranteeing the performance of obligations due to their self-executing feature. This study, adopting a descriptive_analytical method, examines the central question of which instances of justifiable non-performance of obligations can be identified in smart contracts. The findings indicate that, despite the automated execution of smart contracts, they remain exposed to technical, legal, and economic obstacles, therefore, the possibility of non-performance cannot be ruled out, indicating that self-execution does not constitute an absolute guarantee of performance. The study concludes that the general doctrines of "impossibility" and "Impracticability" in Iranian law, grounded in Islamic jurisprudence, possess sufficient capacity to justify non-performance in smart contracts. However, the lack of specific regulations governing such contracts highlights the need for legislators to develop specialized rules in this field .Nevertheless, the absence of specific regulations governing such contracts highlights the need for legislative attention toward the formulation of specialized legal rules in this field.</p>http://ahrarlawjournal.ir/Article/53666Smart Contract Justifiable Excuse Impossibility Hardship Breach of Obligation perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713230263articleAli Jamalzadehjamalzadeh@gmail.com1 Mehdi Haghighatjuhaghighatjou@gmail.com2PhD Student in Private Law, Department of Law, Faculty of Law, University of Science and Culture, Tehran, IranAssistant Professor of Private Law, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>Compliance with the principle of independence is one of the manifestations of fair trial in any legal proceeding. In the present research, independence within the Arbitration Board of the Iran Securities and Exchange Organization has been investigated and analyzed. Pursuant to Articles 36 and 37 of the Securities Market Law, this board is considered a form of arbitration proceeding, tasked with resolving the financial disputes of the persons specified in Article 36 of the Securities Market Law. The method of appointing the members of this board and the nature of its proceedings is dualistic: one member is selected from experienced judiciary judges appointed by the Head of the Judiciary, while the other members are appointed from among economic and financial experts upon the recommendation of the Securities and Exchange Organization and the approval of the Supreme Council of the Securities and Exchange. Due to the Council's affiliation with the executive branch, the full independence of the board is called into question; specifically, the provision of the board's budget through the Securities and Exchange Organization (Note 4 of Article 37) and the establishment of the secretariat within the organization have created doubts regarding the independence of this authority. Conversely, the absence of comprehensive oversight and explicit legislation to guarantee the independence of the members and the board has made it impossible to observe the criteria of judicial independence in this institution. However, according to the legislator's explicit provision in Article 37 of the Securities Market Law regarding the appointment of an experienced judiciary judge as the head of this board, it can be argued that since the head of the board is considered a judge, the legal gaps in the Securities Market Law and the arbitration proceedings regulations can be partially addressed by utilizing existing enforcement mechanisms and the law governing the supervision of judges' performance. It is worth noting that, in any case, the characterization of this authority as an arbitration body itself reduces the degree of the board's independence. Nevertheless, this research aims to resolve legal ambiguities and gaps through provided suggestions, alongside examining the nature of this authority and its level of independence. The proposed suggestions are as follows: providing an independent budget under the supervision of the Judiciary, amending the title of the authority and the method of appointing the presiding judge to follow the recruitment process of judiciary judges, relocating the secretariat to the court office, and drafting a comprehensive and effective supervisory regulation.</p>http://ahrarlawjournal.ir/Article/53672Securities Exchange Arbitration Board judicial independence fair trial Securities Market Law quasi-judicial bodies dispute resolution disciplinary oversight of judgesperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713264295articleFatemeh Fard falsafiFALSAFI@GMAIL.COM1Jan ahmad Aghayiaghaiy@gmail.com2PhD Student in Criminal Law and Criminology, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, IranAssistant Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran<p>Adherence to human rights is among the fundamental values of political systems. Indeed, the intricate relations and intertwined needs of human societies have made it imperative for states to comply with human rights values and refrain from violating international regulations. To demonstrate state compliance with international rules and principles, certain norms must be observed, the non-compliance of which&mdash;and consequently the breach of human rights standards&mdash;is accompanied by significant challenges. In this regard, it must be stated that international responsibility is a legal institution under which a state to which an act contrary to international law is attributable must make reparation for the damage caused to the injured state in accordance with international law. International responsibility arises when a state breaches an obligation owed to another state. Every internationally wrongful act by a state entails the international responsibility of that state. In this article, we intend to examine the international responsibility of states for human rights violations using a descriptive-analytical method, subjecting this subject to critical analysis and review.</p>http://ahrarlawjournal.ir/Article/53673Human rights human rights violations international law state responsibility perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-04713296313articleHadi Abangahabangha@gmail.com1Hamideh Farivar vishkayivishakii@gmail.com2Zeynab Keshavarz shirkodehikeshavarz@gmail.com3Kosar Ghobadi azbarikosar@gmail.com4Fatemeh Gholamigholami@gmail.com5Assistant Professor, Theology Department, Bent-e-Hoda Sadr Farhangian Campus, Gilan, Iran.Bachelor's degree student in Elementary Education, Bent Al-Hoda Sadr Campus Branch, Farhangian University, Rasht, IranBachelor's degree student in Elementary Education, Bent Al-Hoda Sadr Campus Branch, Farhangian University, Rasht, IranBachelor's degree student in Elementary Education, Bent Al-Hoda Sadr Campus Branch, Farhangian University, Rasht, IranBachelor's degree student in Elementary Education, Bent Al-Hoda Sadr Campus Branch, Farhangian University, Rasht, Iran<p>The educational systems of Iran and the United States, despite their structural and cultural differences, both aim to develop capable and competent citizens. However, each faces challenges related to educational equity and quality.The Iranian education system is largely centralized, operating based on unified curricula and nationwide standardized assessments. This approach has made issues such as educational inequality and limited resources more apparent. In contrast, the U.S. education system is decentralized, with each state having the autonomy to determine its own curriculum and standards. This structure, due to reliance on local taxes, has led to significant disparities in educational quality.Assessment methods also differ considerably between the two systems. In Iran, Konkur serve as the primary means of evaluation, placing substantial pressure on students. In contrast, the U.S. system places greater emphasis on skill development and employs a wider variety of assessment methods, which can enhance educational dynamism.Ultimately, despite these differences, both systems share the common goal of preparing future generations and meeting the educational needs of society. Both also face similar challenges regarding educational equity and must strive to reduce inequalities and improve the overall quality of education.</p>http://ahrarlawjournal.ir/Article/53727Education System The Iranian Education System Education in the United States of America Education Structure