Iran Bar Exam (SCODA) flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

اصل آزادی قراردادها

Article 10 of the Civil Code recognizes the validity of private contracts unless they contradict mandatory law, public order, or good morals.

شرایط اساسی صحت معامله

Article 190 lists capacity, mutual consent, specific subject matter, and lawful purpose as the four conditions for a valid transaction.

خیار مجلس

An option of rescission in sale that lasts while the buyer and seller remain in the contracting session, unless expressly waived.

بار اثبات دلیل

Article 1257 places the burden of proof on the claimant; the defendant may rebut by oath or other admissible evidence.

عطف به ماسبق نشدن

Article 2 of the Islamic Penal Code applies the lighter penalty retroactively to offences committed before the new law.

اقسام مجازات‌ها

Article 14 classifies punishments into four categories: hadd, qisas, diyah, and ta'zir, each with distinct legal effects.

قتل عمدی

Article 122 defines intentional homicide as an act intended to cause death or an act that is typically lethal.

شروع به جرم

Article 125 makes an attempt punishable only where the law expressly provides, and the penalty is typically less than the completed offence.

تاجر

Article 20 defines a merchant as a person who habitually engages in commercial acts in their own name and is registered as such.

شرکت سهامی

A joint-stock company governed by the 1347 Commercial Act, whose capital is divided into shares and whose shareholders have limited liability.

توقف از تأدیه

Article 418 treats cessation of payments as the trigger for bankruptcy proceedings, allowing creditors to petition the court.

مدیر تصفیه

Article 219 requires the trustee to liquidate the bankrupt's assets and distribute the proceeds among creditors according to statutory priority.

دادخواست

Article 51 requires the petition to state the parties, subject matter, and relief sought, supported by documents and evidence.

تأمین خسارت احتمالی

Article 108 allows the court to order the plaintiff to provide security for potential costs upon the defendant's request.

مهلت تجدیدنظر

Article 331 provides that an appeal must be filed within twenty days of notification of the judgment, unless otherwise provided.

اعاده دادرسی

Article 411 permits review on grounds such as discovery of decisive new documents, fraud, or a judgment based on forged evidence.

حقوق متهم

Article 32 protects the accused's rights, including access to counsel from the investigation stage and the right to remain silent.

بازداشت موقت

Article 240 sets the maximum duration of temporary detention and requires periodic judicial review of its necessity.

قرار منع تعقیب

A prosecutor's decision declining prosecution where the evidence is insufficient or the act is not an offence, subject to objection.

اعاده دادرسی کیفری

Article 425 permits retrial on grounds such as forged evidence, newly discovered facts, or a judgment contrary to law.

اصل تفکیک قوا

Article 57 separates the powers of state into legislative, executive, and judicial branches under the supervision of the Leader.

شورای نگهبان

Article 91 establishes the Guardian Council with six faqihs and six jurists to review legislation for conformity with Islam and the Constitution.

اصل 170 قانون اساسی

Article 170 obliges judges to refrain from enforcing unconstitutional or un-Islamic regulations and to seek their annulment.

بازنگری قانون اساسی

Article 177 sets the procedure for constitutional amendment, requiring a referendum and the Leader's approval.

ادله اربعه

The four primary sources in Imami jurisprudence are the Quran, Sunna, consensus, and reason, used to derive legal rulings.

استصحاب

A principle of usul al-fiqh that presumes continuation of a previously established state until contrary proof is presented.

قاعده لاضرر

A jurisprudential rule derived from the Prophetic tradition that negates rulings causing undue harm to individuals or society.

قاعده تسلیط

A jurisprudential rule granting owners authority over their property, subject to statutory limits and the rights of others.

رازداری وکیل

Article 26 of the Code of Professional Conduct requires lawyers to maintain confidentiality of client information acquired during representation.

تعارض منافع

Article 20 prohibits a lawyer from accepting a case where a conflict of interest exists with a former or current client.

آیین‌نامه وکالت

The Code of Professional Conduct for Lawyers regulates duties of honesty, confidentiality, and conflicts of interest for practicing lawyers.

تخلف انتظامی

Article 55 allows the Bar Association's disciplinary board to impose sanctions for professional misconduct by lawyers.