Fa
  • Ph.D. (2007)

    Private law

    , Tarbiat Modares University,

  • M.Sc. (1993)

    Private law

    , Tarbiat Modares University,

  • Ph.D. (1989)

    , Tehran University,

  • Contracts and Obligations Law
  • Islamic Jurisprudence

    Contact

    Curriculum Vitae (CV)

    Comparative study of compensation for the acquisition of private person's lands by public body in British and Iranian Law with Emphasis on Judicial Precedent

    AmirHosein Alizadeh, Mohammad Bagher Parsapour, Ebrahim Azizi
    Journal PaperPrivate Law , 2020 October 26, {Pages }

    Abstract

    One of the most challenging topics in Acquisition of person's lands is the recognition of full and equal compensation right with the aim of balancing between expropriation and compensation.In this article with an analytical-comparative method in Iranian and British law,we answer the question of whether perfect and equal compensation has been identified in these two systems?By what criteria can be maintained the balance between compensation and expropriation?In English law,by accepting toreceive full and equal compensation right,it is determined by openmarketvalue and the compulsory occurrence of acquisition,illegal and immoral use bythe owner and price increaseresulting from the legalobjectives of the scheme is not effective.In addition,if

    Judicial Review of Acquisition of Land by the Executive Institutions in Iranian and English Judicial Precedent.

    Amirhossein Alizadeh, Mohammadbagher Parsapour
    Journal PaperThe Judiciarys Law Journal , 2020 October 1, {Pages }

    Abstract

    The process of acquisition of land in English and Iranian law takes place under a specific procedure that may be questioned for validity. One type of the examining of objection is judicial review, which is high supervisory, will be applied in such manner that all actions will be in accordance with the elements that are necessary for acquisition. The source of the judicial review is different between English jurisprudence, so three views have been put forward on the subject that compilation of ultra vires doctrine with common law, has excelled. But in Iran, despite judicial precedent effort, the law-based view remains dominant. The English judicial precedent has also taken appropriate steps in the development of this theory in the law of acq

    Comparative Study of the Position and Principles of the Performance of Quasi-Judicial Authorities in Acquisition of Lands in British and Iranian Law.

    Amirhossein Alizadeh, Mohammadbagher Parsapour, Ebrahim Azizi
    Journal PaperCulmination of Law , Volume 6 , Issue 7, 2020 June 19, {Pages 71-112 }

    Abstract

    Abstract compulsory acquisition ofland byexecutive bodies for public interest is permitted bypayment of compensation and observance of the lawIn order to do solaw must giveopportunity to object to theprocess ofacquisition and maintain the right to compensation toindividuals whoseproperty rights are affected by related actions. Due tocharacteristics of speed, low cost, and expertise in examination, quasi-judicial authorities havecreated a suitable solution in this fieldIn this article with an analytical-comparative approach inIranian andBritish law we seek to answer questions what is theposition of quasi-judicial authorities in the acquisition process? And by what principles are therights of owners and persons affected by ownership protected

    Payment of Unrelated Compensation to the Acquisition of Land in Implementation of Public Projects (Comparative Study of British and Iranian Judicial Precedent)

    Amirhossein Alizadeh, Mohammadbagher Parsapour
    Journal PaperThe Judiciarys Law Journal , Volume 84 , Issue 112, 2020 December 21, {Pages }

    Abstract

    In order to implementation of public projects which are carried out by the executive systems, apart from the ownership, the owners of the property in the projects’ realm may be affected by the implementation of public projects. The question is whether the executive system can be held liable for such damages? This is one of the most important issues in many countries, which has sometimes been overlooked. In the present article, this issue has been studied in an analytical and comparative manner in the Iranian judicial procedure. In general, in British law, it’s spoken about three types of damages: damages resulting from the ownership of part of the property; damages resulting from the type of work and exploitation of the project and dama

    The Sufficiency of the Owner's Inner Satisfaction in Influencing the Transaction with Regard to Other Person's Property

    Mohammad Bagher Parsapour
    Journal PaperJurisprudence and Islamic Law , Volume 11 , Issue 21, 2020 September 22, {Pages 47-66 }

    Abstract

    The Civil Code considers the transaction of another person’s property to be unauthorized and ineffective except as guardianship or administration or representation, even if the owner of the property is satisfied voluntarily. In this regard, the authors of the Civil Code have followed the view of the majority of Imamiyeh jurists who believe that the inner satisfaction of the owner during the contract is not enough to influence it. Sheikh Ansari is one of the few jurists who believes that the inner satisfaction of the owner during the contract is enough to influence it, and such a contract is out of the realm of unauthorized transactions. This means that from their point of view, it’s enough to have the inner satisfaction of the owner dur

    Comparative Study of Compensation for the Acquisition of Private Person's Real Estates by Public Body in British And Iranian Law with Emphasis on Judicial Precedent

    M Parsapour, E Azizi, A Alizadeh
    Journal Paper , , {Pages }

    Abstract

    A Comparative Study of the Basis of Civil Liability in Common Law and Iran’s Law with Special Consideration of Bailee’s Liability

    MB Parsapour, SA Hosseini
    Journal Paper , , {Pages }

    Abstract

    The relationship between the obligation to fulfill the specific performance and the termination of the contract (Comparative study of Imamie jurisprudence, Iranian and British law)

    MB PARSAPOUR, M SHAHBAZINIA
    Journal Paper , , {Pages }

    Abstract

    Priority of Right to Force the Fulfilment of an Obligation over the Termination Right in the Awards of Courts of Iran and its Criticism

    Aliasghar Reyahi, Mohamood Sadeghi, Mohammadbagher Parsapour
    Journal PaperPrivate Law , Volume 15 , Issue 2, 2019 March 13, {Pages 241-259 }

    Abstract

    In case of promisor’s failure to perform the obligation, Iranian courts procedure, according to well-known theory in jurisprudence and law, enforces the promisor to perform obligation initially.Then, if the performance of the obligation is impossible even by third party at the promisor’s expense, the promisee is entitled to terminate the contract. The aim of this precedent and its basis is the prevention of destabilizations; however, not only does not lead to stabilize the contracts but also it cause anarchy, abuse of obligor in bad faith, annoyance of obligee in good faith, delaly and preclusion of wealth circulation and expedition of trades. This issue has been examined in jurisprudence by this article and it will be shown that such p

    Priority of Right to Force the Fulfilment of an Obligation over the Termination Right in the Awards of Courts of Iran and its Criticism

    A Reyahi, M Sadeghi, M Parsapour
    Journal Paper , , {Pages }

    Abstract

    THE PROTECTION OF WEAKER CONTRACTUAL PARTY BY CONSTITUTIONAL RIGHTS

    ABBAS ASADI, MOHAMMAD BAGHER PARSAPOUR, HASSAN BADINI
    Journal Paper , Volume 6 , Issue 2300271, 2018 January 1, {Pages Sep-39 }

    Abstract

    Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect the weaker party in the contract. There are methods that can protect the weaker party by using Fundamental rights. These methods consist of: Direct horizontal effect and indirect horizontal effect. The latter divides into two methods: Strong indirect horizontal effect and weak indirect horizontal methods. This article considers manner of protection of the weaker party through Fundamental rights in labour contracts, family surety ship contracts and u

    Examination of rejection of performance of contract by promisee in Iranian law, imamiah jurisprudence emphasis on european contract law and CISG

    Hamid Kabiri, Mohammad Bagher Parsapour, Ehsan GHadimi
    Journal PaperComparative Law Researches , Volume 21 , Issue 4, 2018 March 10, {Pages 57-82 }

    Abstract

    There are many discussions about Remedies on breach of performance of contractual obligations and liability of the breach in various contributions. Promissor often perform his obligations but the other party not and the question is what is the position of law and justice about it and what are the consequences. Are the promissor have liability and exchange guaranty about promisse or the liability will be removed by acceptance of promisee. In this article, this topic are examined in Iranian law, Imamitte jurisprudence emphasis on European Contract Law and CIS. The authors concluded that although, promissor, contrary to examined legal documents and Art. 273 of Iranian civil law, In situation of non performance of promisee, have to render it to

    Explaining the Competition Law in Terms of the Principle of'No Harm'and Comparing the Effects of Different Perceptions of on This Principle

    Ali Nasehi, Mohammad Issaei Tafreshi, Mohammad Bagher Parsapour, Farhad Khodadad Khshi
    Journal PaperComparative Law Researches , Volume 20 , Issue 4, 2017 May 10, {Pages 165-186 }

    Abstract

    Following the victory of the Islamic revolution, especially with the end of the war and considering macro-policies of the system based on the reduction of control of the state, competition law has appeared more than past in the area of the legislative. Besides, if the people acknowledge that the rules coincide with their beliefs, they show more commitment to it. Considering that according to the Constitution, regulations must be based on the Islamic criteria, to determine the rules governing the behavior of economic actors, they must be justified based on the Islamic criteria. The principle of'no harm'is among the most important rules under discussion in the Islamic law, and several theories have been formulated for the provision of this pr

    Civil Liability Resulting from Fright (A Comparative Study of Imamieh Jurisprudence, Iran Law and Common Law)

    Morteza Vesali Naseh, Mohammad Bagher Parsapour
    Journal PaperComparative Law Researches , Volume 20 , Issue 2, 2016 December 10, {Pages 147-169 }

    Abstract

    Cyberspace has provided the ground for the emergence of a new generation of games, in the namely of virtual games, which are beyond the games and entertainment. Although the computer games, as a part of entertainment industry, are basically considered with cultural and economic approaches, what makes such games an attractive topic for law, is the possibility of buying and selling virtual goods and items within the context of games. In-game transactions associated with some challenges with the legal status of such transactions are the most important ones. In the meantime, what makes the validity of online transactions a challenging topic refers to the doubt on the vital elements of subject-matter of contract. Since everything occurs in a vir

    Legal-Jurisprudential Analysis of Interest Delivery in a Lease Contract

    Mohammad Bagher Parsapour, Mohammad Issaei Tafreshi
    Journal PaperComparative Law Researches , Volume 20 , Issue 2, 2016 December 10, {Pages 59-75 }

    Abstract

    In a lease contract, in view of the fact that the tenant basically is required to pay the contractual consideration only when the transaction’s interest has been delivered to them, this question arises that when the delivery of property interest comes into existence so that the tenant bears the mentioned responsibility. This is apparently in unanimous agreement among the Islamic Shia jurists regarding renting objects (movable properties), is that the tenant is obliged to pay the rent merely by delivery of the specific property. However, some scholars have expressed doubts about this viewpoint because the interest in a lease contract is gained gradually, and therefore, it does not exist when the specific property is delivered to the tenant

    Immunity from the Civil Liability of Parents against Children in Iran and English Laws

    Seyed Ali Ahmadzadeh, Mohammad Bagher Parsapour, Hassan Badini, Ebrahim Azizi
    Journal PaperComparative Law Researches , Volume 19 , Issue 4, 2016 March 10, {Pages 23-Jan }

    Abstract

    1. The Congential Disabilities (civil liability) Act 1976 2.(3) The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover. 3. Section 3 (4)(b) Children Act 1989.

    The Role of Time and Space to the Evolution of Tort Law (the Comparative Study of Iranian (Law and French Law)

    MOHAMMAD BAGHER PARSAPOUR, MAHDI ESMASEILY
    Journal Paper , Volume 15 , Issue 24000315, 2015 September 23, {Pages 161-184 }

    Abstract

    The law of civil liability is forced to adapt to the circumstances of time and space according to its objective, and because of the close relationship and the influence of environmental factors and elements such as inflation, scientific and technological progress, development expertise, the evolution of human needs, changing economic structures of the Islamic and international society, the transformation of common values-moral in human society, changing habits and people's habits, principles of scholars and the needs and requirements existed in the world.

    Sorts, Provisions and Effects of Non-performance Contract Excuses (Comparative Study on Iranian Legal System, Romano-Germanic, Common Law and Some International Instruments)

    Mohammad Bagher Parsapour, Hanieh Zakerinia
    Journal PaperComparative Law Researches , Volume 19 , Issue 2, 2015 September 10, {Pages 25-50 }

    Abstract

    Contract excuses, as exceptions to the principle of necessity of contract, are concepts, which according to them, the parties can legally get rid of their failure of the contract's obligations. Some excuses are without the will of the parties, and some others will be caused by one or both parties. Involuntary excuses may generally make the contract impossible to enforce (impossibility), or they may make it hard to enforce (hardship). The writers are going to have a comparative study on both situations," impossibility" and" hardship", and their effects on the contract according to the legal systems and also regional and international instruments. They further wish to suggest a few articles (for Iran civil code), as proper decisions (terminat

    The Comparison of Civil Liability of a Parent of Insane Minor between Iran and England Laws

    SA Ahmadzadeh, MB Parsapour, E Azizi
    Journal PaperJ Socialomics , Volume 4 , Issue 132, 2015 January , {Pages 2167-0358.1000132 }

    Abstract

    Copyright:? 2015 Ahmadzadeh SA, et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

    Guaranteed fiduciary contracts and non-guaranteed fiduciary contracts.

    Meysam Akbari Dehno, Hani Hajian, Mohammad Bagher Parsapour
    Journal PaperPrivate Law , Volume 12 , Issue 2, 2015 September 23, {Pages 233-256 }

    Abstract

    In jurisprudential publications, some studies have been carried out in regard with the "non-guaranteed" fiduciary contracts whereas the other type has remained underexplored although it has been discussed by some jurisprudents. According to the majority of jurisprudents, most guaranteed fiduciary contracts are invalid except for some special cases such as guaranteed loan. Therefore, they have not explored its nature and effects. However, the minority of jurisprudents who deemed it valid have examined its nature and effects based on their affordability. Nevertheless, with regard to definitions for obligation of contract as well as definitions for the Sharia and religious tradition these reasons might be flawed. Therefore based on possible in

    Current Teaching

    • MS.c.

      Comparative Civil Jurisprudence

    • MS.c.

      The Rules of Islamic Jurisprudence

    Teaching History

    • Ph.D.

      Argumentative IslamicJurisprudential Texts (1)

    • Ph.D.

      Fundations of Islamic Jurisprudence and International Trade

    • MS.c.

      Islamic International Law

    • MS.c.

      Islamic Jurisprudential Texts

    • MS.c.

      Principles of Islamic Jurisprudence

    • MS.c.

      The Legal Inductions of Quran

    • 2021
      Akbarirad, Malahat
      Civil liability arising from the use of artificial intelligence in the diagnosis and treatment of diseases
    • 2021
      Dehghani Mobarakeh, Molouk
    • 2017
      Sheikholeslamnoori, Elhamsadat
      .Discriminatory Contracts In the context of Competition Law (A Comparative Study of the Iranian, US, and EU Legal System)
    • 2018
      Malihi, Seyyed hamidreza

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