in religious jurisprudence, exhaustive discussions have put forward about the effect of finding that the witness was disqualified at the time of giving of evidence and effect of losing of qualifications after giving of evidence and before rendering of judgment on the evidence that is got and the judgment that is rendered on basis of it and exist various opinions about some varieties in spite of...

the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

the legislator has not an explicit view about revision to judgments based on definitive oath. this point has caused disagreement between judges and lawyers. such disagreement may be entitled the losing party to petition in revision court in one case and deprive other losing party from it in similar case. in addition, the lawyers doubt in basis of rule in article 369 of civil procedure code base...

novation is originally a roman law institution which has influenced the legal system of western countries. in roman law the obligation was a legal personal relationship that changing one of its element resulted in dissolution of obligation and consequently, the transmission of obligation became impossible; therefore, the novation, seeking to achieve the transmission of debt and credit, was esta...

the law of the continental europe is considered an offspring of the roman law. in the roman law the “fault” was considered as the basis of liability. the doctrine of fault was included in the french civil code of 1804 through the roman law, and from there, made its way into the laws of other european and non-european countries. according to the instruction of the holy prophet of islam (pbuh), i...