Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband
The transportation contract is a contract that is concluded between the carrier and the sender. This article tries to answer the question, what is the status of the transport contract in the case that the goods are transported through smuggling? This research, which was carried out in a descriptive-...
| Główni autorzy: | , |
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| Format: | Artykuł |
| Język: | fas |
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Semnan University
2023-07-01
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| Seria: | مطالعات فقه و حقوق اسلامی |
| Hasła przedmiotowe: | |
| Dostęp online: | https://feqh.semnan.ac.ir/article_8062_d07e1b193a4fa75b199d21b62ec5e1cc.pdf |
| _version_ | 1826944979391479808 |
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| author | Ghasem Shafiei Ala,vijeh Ali Nahadi Kashani |
| author_facet | Ghasem Shafiei Ala,vijeh Ali Nahadi Kashani |
| author_sort | Ghasem Shafiei Ala,vijeh |
| collection | DOAJ |
| description | The transportation contract is a contract that is concluded between the carrier and the sender. This article tries to answer the question, what is the status of the transport contract in the case that the goods are transported through smuggling? This research, which was carried out in a descriptive-analytical way, indicates that according to the agreement or non-agreement on a matter that is an example of smuggling, the transport contract will be valid or invalid; In addition to the fact that the transport operator is not responsible for the validity or invalidity of the transport contract, and in the situation where the operator has attempted to transport contraband, the rules related to security deposit and guarantee must be taken into account. In this regard, the issue has been raised in the form of five assumptions in order to accurately identify the situation of all cases; in the end, the main finding of the research is that the operator's support is essentially a guarantee. |
| first_indexed | 2024-03-07T22:03:29Z |
| format | Article |
| id | doaj.art-a9702a4938cf43f0b9d0b51d4b36d0d0 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2025-02-17T20:48:21Z |
| publishDate | 2023-07-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-a9702a4938cf43f0b9d0b51d4b36d0d02024-12-09T09:14:32ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302023-07-01153113516410.22075/feqh.2023.29748.35128062Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contrabandGhasem Shafiei Ala,vijeh0Ali Nahadi Kashani1Assistant Professor of Kashan University Law DepartmentMaster's degree in Private Law, University of TehranThe transportation contract is a contract that is concluded between the carrier and the sender. This article tries to answer the question, what is the status of the transport contract in the case that the goods are transported through smuggling? This research, which was carried out in a descriptive-analytical way, indicates that according to the agreement or non-agreement on a matter that is an example of smuggling, the transport contract will be valid or invalid; In addition to the fact that the transport operator is not responsible for the validity or invalidity of the transport contract, and in the situation where the operator has attempted to transport contraband, the rules related to security deposit and guarantee must be taken into account. In this regard, the issue has been raised in the form of five assumptions in order to accurately identify the situation of all cases; in the end, the main finding of the research is that the operator's support is essentially a guarantee.https://feqh.semnan.ac.ir/article_8062_d07e1b193a4fa75b199d21b62ec5e1cc.pdfthe status of the transport contractwarranty responsibilityfiduciary responsibilitytransport operator's deposit |
| spellingShingle | Ghasem Shafiei Ala,vijeh Ali Nahadi Kashani Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband مطالعات فقه و حقوق اسلامی the status of the transport contract warranty responsibility fiduciary responsibility transport operator's deposit |
| title | Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| title_full | Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| title_fullStr | Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| title_full_unstemmed | Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| title_short | Legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| title_sort | legal jurisprudence study of contraband transport contract and the responsibility of the transport operator on contraband |
| topic | the status of the transport contract warranty responsibility fiduciary responsibility transport operator's deposit |
| url | https://feqh.semnan.ac.ir/article_8062_d07e1b193a4fa75b199d21b62ec5e1cc.pdf |
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