Iran Judgeship Exam (Ghazavvat) cheat sheet

Article 10 of the Civil Code recognizes the validity of contracts against third parties only where the law so provides; the general rule is relativity of contractual effects (اصل نسبی بودن قراردادها).

Ownership (مالکیت) is the most complete right (Article 30) and is limited only by law; expropriation requires legal authorization and prior compensation unless the law provides otherwise.

Prescription of a claim (مرور زمان) does not extinguish the right itself in civil matters; it bars the hearing only where statute expressly provides (e.g., Articles 1053-1054 old Commercial Code for commercial claims).

A void transaction (باطل) produces no effect ab initio, while a voidable one (غیرناقص/قابل فسخ) is effective until rescinded; rescission operates retroactively (اثر قهقرایی) between the parties.

In joint liability (مسئولیت تضامنی) each debtor may be sued for the whole debt; in the absence of express agreement, obligations are divisible (تقسیم‌پذیر) among heirs per Article 300 Civil Code.

Possession (تصرف) is presumed to be rightful and in good faith unless proven otherwise; this presumption underpins Articles 35 and 1257 Civil Code.

Agency (وکالت) terminates by death, insanity, or dismissal of the agent; agency is presumed gratuitous unless a fee is stipulated (Article 656 Civil Code).

Damage compensation requires a wrongful act, actual loss, and causal link; pure economic loss and loss of profit (منافع ممکن‌الحصول) are recoverable only where custom treats them as certain.

Jurisdiction is determined by the defendant's domicile (Article 11 CPC); exceptions include immovable property actions (Article 12), contract actions (Article 13), and tort actions (Article 14).

A claim must contain the parties, subject matter, and cause of action (Article 51 CPC); an incomplete statement of claim is returnable but not dismissible without opportunity to cure.

The court must rule on its own jurisdiction as a preliminary matter (ایراد عدم صلاحیت); a party may raise it at any stage before the first hearing.

Default judgment (حکم غیابی) is issued where the defendant fails to appear and has been properly served; it is subject to objection (واخواهی) within the statutory period.

Res judicata (امر مختوم) requires identity of parties, subject matter, and cause; a new action on the same claim is barred.

Interim measures (دستور موقت) require urgency and likelihood of irreparable harm; the court may order a security deposit (تأمین) from the applicant.

Appeal deadlines run from service of the judgment, not from its issuance; failure to file within the period renders the judgment final.

Article 2 of the Islamic Penal Code (2013) enforces legality (قانونی بودن جرم و مجازات): no act is a crime unless the law in force at the time so provides.

Article 10 provides that the law most favorable to the accused applies retroactively to non-final judgments (قاعده عطف به ماسبق نشدن).

Criminal liability requires legal capacity (اهلیت جزایی), intent or negligence, and a causal link; minors below the age of criminal responsibility (9 lunar years for girls, 15 for boys) are subject to corrective measures, not punishment.

Hudud are fixed penalties requiring strict proof; qisas applies to intentional homicide and bodily harm; diyat is compensatory; ta'zir is discretionary and may be reduced or replaced.

Attempt (شروع به جرم) is punishable only where the law expressly provides; mere preparation (مقدمات) is not an offense.

Complicity (معاونت) and joint perpetration (شرکت) carry distinct penalties; the accomplice's penalty may not exceed that of the principal in ta'zir offenses.

Defenses include insanity (جنون), duress (اجبار), mistake of fact, and lawful defense (دفاع مشروع) under Article 156 IPC, which requires necessity and proportionality.

The 2015 Criminal Procedure Code separates the investigating judge (بازپرس) from the trial judge; the investigating judge supervises preliminary investigation and may order detention.

Detention (بازداشت موقت) requires a judicial order and is limited to specified serious offenses; the maximum duration is set by statute and must be reviewed periodically.

The accused has the right to counsel from the first interrogation; statements obtained under duress are inadmissible (Article 6 CPC).

Prosecution is initiated by the prosecutor (دادستان); private prosecution (شکایت شاکی خصوصی) is available for certain offenses and may be withdrawn.

The trial court must be impartial; a judge who participated in the preliminary investigation is disqualified from trial.

Appeal against criminal judgments lies to the provincial court of appeal; cassation (فرجام‌خواهی) to the Supreme Court is available for specified errors of law.

A merchant (تاجر) is one who habitually engages in commercial acts; commercial acts are defined in Article 2 of the Commercial Code and include purchase and sale of goods, brokerage, and transport.

Commercial obligations are presumed joint (تضامنی) unless otherwise agreed (Article 249 Commercial Code).

A company acquires legal personality upon registration (ثبت); before registration, founders are jointly liable for obligations.

Joint-stock companies (سهامی) require a minimum capital set by statute and a board of directors; shareholders' liability is limited to their shares.

Bankruptcy (ورشکستگی) requires cessation of payments (توقف از پرداخت دیون); the trustee (مدیر تصفیه) administers the estate and distributes proceeds per statutory ranking.

Commercial claims are subject to shorter prescription periods than civil claims where the Commercial Code so provides; the general civil prescription rules do not automatically apply.

A bill of exchange (برات) requires acceptance (قبولی) by the drawee; a promissory note (سفته) and check (چک) have distinct statutory regimes, with the check governed by the 2002 Check Act.

Burden of proof rests on the claimant (البینه علی المدعی) in civil matters; the defendant need only deny unless asserting an affirmative defense.

Admissible evidence includes confession (اقرار), documentary evidence (سند), testimony (شهادت), circumstantial evidence (امارات), and oath (قسم).

A confession is valid only if made by a person with capacity, free of duress, and concerning a matter within the confessor's control; it binds only the confessor.

Testimony requires two male witnesses for most civil matters; women's testimony is admissible in specified cases under statutory rules.

Official documents (اسناد رسمی) carry presumptive validity and may be challenged only through statutory procedures (ادعای جعل).

In criminal matters, the standard is proof beyond reasonable doubt (علم قاضی); circumstantial evidence alone may not suffice for hudud offenses.

Marriage requires offer and acceptance (ایجاب و قبول) before witnesses and registration; unregistered marriages are not enforceable against third parties.

The wife's dowry (مهر) is her property; it may be immediate or deferred, and non-payment does not automatically dissolve the marriage but may ground a claim.

Divorce (طلاق) is the husband's unilateral right in classical law; judicial divorce (طلاق به حکم دادگاه) is available on statutory grounds including hardship and non-payment of maintenance.

Custody (حضانت) of children belongs to the mother until age seven for boys and nine for girls under current statute, after which it reverts to the father unless the court orders otherwise.

Maintenance (نفقه) is owed by the husband to the wife and children; failure to pay may ground a criminal complaint and a civil claim.

Inheritance shares (ارث) are fixed by statute; a spouse inherits a specified fraction, and children inherit the residue with males receiving twice the share of females under classical rules.

A wife may include conditions in the marriage contract (شروط ضمن عقد) including the right to divorce or to a specified share of property.

The principle of no harm (قاعده لاضرر) bars the exercise of a right that causes undue harm to another; it is applied to limit abusive claims.

The principle of validity (اصالة الصحه) presumes a transaction concluded by a Muslim to be valid unless proven otherwise.

The principle of no hardship (قاعده نفی عسر و حرج) permits relaxation of obligations that cause extreme hardship.

The principle of return (قاعده احسان) and the rule of causation (قاعده تسبیب) govern liability for indirect harm; direct causation (مباشرت) imposes stricter liability.

In criminal matters, hudud require strict proof (شبهه) and are dropped where doubt exists (قاعده درء); ta'zir is discretionary and may be imposed on lesser proof.

The rule of no harm to another (قاعده تسلیط) limits the exercise of ownership where it harms neighbors or public order.

The Constitution of 1979, as amended in 1989, establishes the separation of powers and the Guardianship of the Islamic Jurist (ولایت فقیه) as the supreme authority.

The Guardian Council (شورای نگهبان) reviews legislation for conformity with Islamic law and the Constitution; its approval is required for a bill to become law.

The Expediency Council (مجمع تشخیص مصلحت نظام) resolves deadlocks between the Parliament and the Guardian Council.

Administrative decisions are subject to judicial review by the Administrative Justice Court (دیوان عدالت اداری); the court may annul unlawful regulations and decisions.

Public officials are liable for unlawful acts; the state may be liable for harm caused by its agents under the principle of state liability.

Fundamental rights include equality before the law, freedom of expression within legal limits, and the right to a fair trial; restrictions must be prescribed by law.

Judges must be independent and impartial; they may not accept gifts, favors, or outside employment that compromises independence.

A judge must recuse where a personal interest, family relationship, or prior involvement in the case creates a conflict.

Confidentiality of deliberations (محرمانگی مشاوره) is mandatory; disclosure of the court's internal deliberations is prohibited.

Judges must avoid conduct that undermines public confidence in the judiciary, including political activity and public commentary on pending cases.

Procedural fairness requires hearing both parties (استماع دعاوی طرفین) and issuing reasoned judgments (حکم مستند و مستدل).

Disciplinary proceedings against judges are governed by statute; sanctions range from reprimand to dismissal.

Article 10 of the Civil Code recognizes the validity of contracts against third parties only where the law so provides; the general rule is relativity of contractual effects.

Ownership (مالکیت) is the most complete right (Article 30) and is limited only by law; expropriation requires legal authorization and prior compensation unless the law provides otherwise.

Prescription of a claim (مرور زمان) does not extinguish the right itself in civil matters; it bars the hearing only where statute expressly provides.

A void transaction (باطل) produces no effect ab initio, while a voidable one is effective until rescinded; rescission operates retroactively between the parties.

In joint liability (مسئولیت تضامنی) each debtor may be sued for the whole debt; absent express agreement, obligations are divisible among heirs per Article 300.

Possession (تصرف) is presumed rightful and in good faith unless proven otherwise (Articles 35 and 1257).

Agency (وکالت) terminates by death, insanity, or dismissal of the agent; agency is presumed gratuitous unless a fee is stipulated (Article 656).