Private Law
Hassan Badini; behnam shekoohi
Abstract
Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture ...
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Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture and industrial investment approved in the 2008, and Correcting law of impediment to competitive manufacture and improvement in the financial system with regard to the role of above-mentioned contract in the 2015, procedural and formality of its standards are in doubt. This article has gone over the various standpoints which is related to this issue in a descriptive-analytic and comparative way. Given the outcome, we make out that the formulation of indenture has been just influential in the proof step. Judicial precedent and the lack of anticipation of related sanctions leads to reinforcement of the latter statement. However, the evidence, that proves the litigations of Labour relationship is anticipated in the By-law of Labour Procedure approved 2012, There is no references of testimony and oath as a reason of specific significance. In French Law, there is no conclusive evidence, therefore, according to Civil Law, all the evidence is acceptable; as regard the Case-Law and the protective nature of the Labour Code towards labourer, it is accepted in our Law.
Private Law
Alireza Omidian; Hassan Vahdati shobeiri; Mohammad ali Saeidi
Abstract
Noticing that the traditional view of responsibility for compensation in traffic accidents has not met the current needs of society, the legislator in 2014 by approving the Islamic Penal Code and placing the rule of citation as the basis of legislation, made provisions in line with the implementation ...
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Noticing that the traditional view of responsibility for compensation in traffic accidents has not met the current needs of society, the legislator in 2014 by approving the Islamic Penal Code and placing the rule of citation as the basis of legislation, made provisions in line with the implementation of justice and in accordance with the global legal systems. One of the rules ratified in this law is article 526 in which the decree of liability distribution in terms of impact degree has been issued by passing the general opinion of jurists and article 332 of civil law in cases of equality of accessory and perpetrator. On the other hand, in Article 528 of the same law, in the discussion of accidents, it is decided to divide the responsibility equally, ignoring the degree of impact. It seems that there is a partial relationship between these two and the meeting point is the assumption of attendance of the accessory and perpetrator of the accident at the same time, which is included in both articles. The question that comes to mind is which of these two is dominant? This study with a descriptive-analytical library method concluded that if there is equality of accessory and perpetrator in accidents, article 526 is dominant and liability distribution should be issued between them in terms of impact degree. But the application of article 528 cannot be ignored in other ratios according to the juridical tradition of the issue.
Private Law
Dr. Seyyed Mostafa mohaghegh damad; khashayar esfandiari far
Abstract
Law and justice are closely linked, and decisions that do not conform to justice and fairness are not willingly executed, leading to resorting to all kinds of deceit to escape from it. The link between law and justice can be observed in many judicial decisions, and one of the manifestations of justice ...
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Law and justice are closely linked, and decisions that do not conform to justice and fairness are not willingly executed, leading to resorting to all kinds of deceit to escape from it. The link between law and justice can be observed in many judicial decisions, and one of the manifestations of justice in judicial decisions is the lawsuit for damages by the plaintiff. Nowadays, in various contracts, especially commercial ones, the pledgee tries to put pressure on the pledger and to ensure that he she fulfills the pledge, sums of money are assigned to the pledge agreement as a consideration. In some cases, the pledgee, for various reasons, such as economic fluctuations or negligence and shortcomings, refuses to perform the contractual obligations (in part or in full), resulting in encountering an enormous amount of contractual loss, which sometimes exceeds the contract value. In this type of litigation, the role of judges and, in fact, the judgments are very strong and some courts consider the "principle of interpretation in the light of the whole contract", "the administration of justice and fairness as a rule" and "the illegality of the condition", deviating from Article 230 of the Civil Code and order payment of the obligation by modifying its amount or removing the above-mentioned condition and holding it in accordance with justice. In the present paper, several instances of judicial opinions are mentioned in this regard and their arguments are analyzed.
Criminal Law
Ruhollah Akrami
Abstract
In regard to proving criminal cases, although each legal system has its own view over the validity of Confession, yet it has a special position in all legal system. Confession has an intrinsic value in different countries' regulations subject to the system of legal reasons, thus in some legal systems, ...
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In regard to proving criminal cases, although each legal system has its own view over the validity of Confession, yet it has a special position in all legal system. Confession has an intrinsic value in different countries' regulations subject to the system of legal reasons, thus in some legal systems, the judge is obliged to issue a judgment based solely on the confession for the absolute validity given to it by the legislator. Whereas in countries affected by the system of moral reasons, the confession itself is not valid and its value is as a means of assuring the judge of the event to which the confession has been made. In the present article, an attempt has been made to examine the validity of the confession in proving the case with a descriptive-analytical method. In this regard, it is examined whether a criminal judge can issue a sentence as soon as the accused confesses, and this validity remains until the judge is aware of its inaccuracy? Or that the sentence can be issued only on the basis of a confession when the judge is satisfied with it? And basically, this persuasion can be based on confession alone or does it need other supporting evidence? In order to answer these questions, while briefly studying the legal system of some Islamic countries, the issue has been specifically examined from the perspective of the Codified regulations, legal doctrine and judicial procedure of the Islamic Republic of Iran. The superficial conflict between the approach of the Islamic Penal Code and the Code of Criminal Procedure on this issue has added to the complexity of the issue, which makes it necessary to rely on interpretive methods to accept the relevant validity of the criminal confession.
Criminal Law
hosein mirzabeigi; daryosh bostani; Baqer Shamloo
Abstract
Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity ...
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Houseof Corrections are among correctional entities,that with an approach of preventing crimes commission and correction and rehabilitation of young offenders,play a significant role in rehabilitation and eliminating dangerous states of young offenders.Considering the educational role of such entity in rehabilitation of young offenders,while taking into scientific consideration such institutions,it is required to analyze the challenges they are facing.the present research aims to recognize and identify the treatment approach and correctional and rehabilitation policy of House of Correction in rehabilitation of young offenders.The methodology of the present research is based on qualitative method of grounded theory.Thirty teenagers based in Kerman Province Young Offenders Institution constitute the sample size of this research.To select the participants for this research,purposeful sampling method and maximum variation and theoretical saturation criterion were used.Upon,analyzing the data was resulted to creation of seven categories as follows:obligatory education,garrison space,being away from family,feeling prejudice and inequality,recreating rudeness,lack of supervising after exit and learning of criminality.the findings indicate that the plans and initiatives to keep and protect young offenders are far away from modern scientific approaches and adapting restrict protection policy,with no consideration to the needs of such kids and young offenders and providing required protections after leaving the institution and ignoring correctional and educational approaches,by no means can be resulted to rehabilitation and recovering the personality of young offenders.It is recommended that a map which specially focuses on modern approaches to restorative justice.amending and revising the articles of law related with mediationand the possibility of referring the cases associated with any crime committed by children and juveniles to merdiator to be drawn up.it is suggested that other programswhich are based on restorative justice,such as establishing rehabilitation social circles and participation of children in decision-making while focusing on keeping the best interest of the child in mind to be implemented
Private Law
mohsen esmaeili
Abstract
One of the types of Ownerships’ Trusts is loan that is the result of a contract and agreement between the parties (owner and trustee). According to Iranian Civil Code Articles there are twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have ...
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One of the types of Ownerships’ Trusts is loan that is the result of a contract and agreement between the parties (owner and trustee). According to Iranian Civil Code Articles there are twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have been measured as trust contract. This article is intended to answer this critical question that: “Do these twelve examples have a Limitative aspect and as a result, It cannot be added to the number of Nameless Contracts or they are merely examples of Nominated Trust Contracts and don’t prevent the formation of Trust Contract based on article 10 of the Civil Code? This disagreement over the scope of transactions or the freedom of will in creating new form of transactions, is not a new discussion. But the origin of this question, is the different interpretation of Article 631 made by lawyers. Some of them support the theory of the limitative contract of trust and others disagree with it. The third theory, which is presented in this article, is “Implies non-limitative”, an idea stronger than “Not implying to limitative”. The practical result of this answer, is the validity of new types of Nameless Contracts Which have become so common nowadays and the parties wish to arrange the effects of the trust on them.
Private Law
ali amiri; Javad Tahmasebi; Batool Pakzad
Abstract
"Management of referral of criminal cases in guaranteeing an impartial trial", while having an intangible and intangible feature in the trial process, has an extraordinary role in the formal and substantive processing of proceedings and the strategy of the country's supreme judicial management. Although ...
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"Management of referral of criminal cases in guaranteeing an impartial trial", while having an intangible and intangible feature in the trial process, has an extraordinary role in the formal and substantive processing of proceedings and the strategy of the country's supreme judicial management. Although with the return of the legislator from the managerial approach and determining the two criteria of "specialization" and "order", in drafting Articles 448 and 465 of the Code of Criminal Procedure, It has taken an important step towards the rule of law and the oversight of managers, but the lack of full entry into this field, The challenge of overcoming this problem remains unresolved. And despite the Supreme Disciplinary Court's commitment to legislative safeguard policies, the lack of coherent rules and adequate safeguards in this regard allows any referring authority to abuse its powers and legal loopholes to curb the initiative. And by his purposeful referral, divert the course of the proceedings from the path of justice and deprive the parties to the dispute of the right to equality and the enjoyment of an impartial tribunal. Therefore, diligence in training and reducing the concentration of power of the referral authority, selection and appointment of experienced, committed and specialized managers, explaining the position of the referral in the trial process and aspects of appealing against votes, setting appropriate deadlines and comprehensive criteria for referral, along with performance guarantees Special and providing desirable oversight, can help to refer wisely and impartially and thus improve the efficiency of the judiciary and community satisfaction.
Private Law
hamid afkar; abdollah khodabakhshi
Abstract
Being the litigant of the insurer together with the responsible for the accident is legally and economically justifiable for the injured party, but explaining the responsibility of multiple defendants to pay a single debt is one of the problems of the judge in issuing a verdict; In such a way that in ...
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Being the litigant of the insurer together with the responsible for the accident is legally and economically justifiable for the injured party, but explaining the responsibility of multiple defendants to pay a single debt is one of the problems of the judge in issuing a verdict; In such a way that in some cases the subject of litigation to one of the defendants is silenced or the litigation is completely rejected. The purpose of this study is to explain the position of the insurer and the person who caused the accident in the lawsuit with descriptive and analytical methods, in addition to recognizing the need to decide on each of them, to explain their responsibility in the sentence and to provide logical theories for compensation. The inference of the independent or collective liability of the insured and the insurer is based on various reasons. Sharing liability between the insured and the insurer has no logical or legal basis, and the liability of the insurer's collateral does not serve the purpose of better compensating the injured party. The court’s waiting for invoking the injured party to the insurance contract also does not solve the problem of explaining the liability of multiple defendants, and differences in the type and amount of liability remain. Recognition of joint and several liability of the insured and the insurer in the Compulsory Insurance Law adopted in 2016 is compatible with the aim of better guaranteeing the injured party, and some law bases and legal justifications justify the need for the theory of joint and several liability of the insurer and person who caused the accident.
Jafar Kousha; Mostafa Pakniat
Abstract
The new Criminal Procedure Code of 2013, despite much theoretical criticism and practical problems it might produce, has tried to balance between the rights of the accused and victim. In doing so, has provided guarantees and safeguards to materialize this goal. In one hand, with providing general safeguards, ...
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The new Criminal Procedure Code of 2013, despite much theoretical criticism and practical problems it might produce, has tried to balance between the rights of the accused and victim. In doing so, has provided guarantees and safeguards to materialize this goal. In one hand, with providing general safeguards, has tried to protect both parties. On the other hand, some special guarantees have been provided for each party. But it seems that these legislative goals have not been reached and there is not such a balance between two parties of a criminal process. This is mainly because the judges and other officials of criminal justice system are not equipped with necessary abilities to enforce the laws properly. There are also some structural problems which hinder this balance. So it seems that restorative justice is the best mechanism to reach this balance.
Javad Tahmasbi
Gholam Heidar Allameh
Mehdi Hasanzade
Abstract
Estefaze is a known proof in "Fiqh" that numerous and different viewpoints are presented about its definition, its basis and its qualifications. The nature and role of this evidence is disputable in judicial proceedings. Contrary to what has concept, this proof is not equal with what is propounded in ...
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Estefaze is a known proof in "Fiqh" that numerous and different viewpoints are presented about its definition, its basis and its qualifications. The nature and role of this evidence is disputable in judicial proceedings. Contrary to what has concept, this proof is not equal with what is propounded in laws under the title of "local investigation". In spite of this, this is possible that in some cases the result of local investigation be access to Estefaze. In this case, this evidence is effective under the title of local investigation and with regard of local investigations regulations. In other cases, by virtue of the spirit of principal 167 Constitutional Law and article 3 Civil Procedure Code, this proof is utilizable with regard of commandments extracted from jural sources and injunctions.
Mostafa Elsan
Abstract
The term “reverse engineering” refers to the process of discovering a device, object, or system through analysis of its structure, function, and operation. Reverse engineering has its origins in the analysis of hardware for military equipments. Since this science may be used for re-production ...
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The term “reverse engineering” refers to the process of discovering a device, object, or system through analysis of its structure, function, and operation. Reverse engineering has its origins in the analysis of hardware for military equipments. Since this science may be used for re-production of a device or system, many legal issues come up from the view of intellectual property, economic and competition law which should be considered. This paper is discussing the concept, advantages, disadvantages and other aspects of reverse engineering from a comparative legal perspective. In Iran there are different statutes about the protection of software, copyright and industrial properties usable for finding legal rule of responsibility for reverse engineering and its exceptions. In this paper I have considered these subjects with a comparative survey on the law and case law of US and UK.
Hasan Badini; somaye abbasi
Abstract
Although compensation is the main purpose of tort law with respect to the injured, it is not the sole purpose and along with this main goal; Tort law can also be effective to deter the injurers and prevent the future accident. Due to the reactive and ex- post nature of tort law, its failure to achieve ...
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Although compensation is the main purpose of tort law with respect to the injured, it is not the sole purpose and along with this main goal; Tort law can also be effective to deter the injurers and prevent the future accident. Due to the reactive and ex- post nature of tort law, its failure to achieve prevention and the importance of proactive (ex ante) and preventive measures, especially in the ultra-hazardous activities and mass torts, some scholars believe that through other methods such as safety regulation and regulatory rules, the preventive purpose can be better achieved. That is why today in many legal systems, preventive measures through public law and enactment of safety regulation to secure the safety of citizens, has become an effective tool for the management of hazardous activity. In this paper we have tried to assess the function of these two legal tools for the prevention of dangerous activities. Our study shows that in addition to tort law failures to prevent the hazardous activity, regulation has also some deficiencies and this has made it inevitable to employ both of them in many cases.
Mehdi Faghihinezhad; Somayeh Babaei Fordouei
Abstract
Although it is a long time since the advent of quiet title claims in Iranian legal system, legal complexity and disagreement regarding proceeding or denying this claim has not been quite removed yet and the legal procedure has not reached a certain result concerning subject. Meanwhile the verdict of ...
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Although it is a long time since the advent of quiet title claims in Iranian legal system, legal complexity and disagreement regarding proceeding or denying this claim has not been quite removed yet and the legal procedure has not reached a certain result concerning subject. Meanwhile the verdict of Full Bench of the Supreme Court stating that dispossession of immovable properties is secondary to possession and claiming the dispossession before possession proof is not acceptable has not only not ended the disagreement but also raised it. Issuing this verdict has caused many courts to consider the dispossession claim contingent upon possession proof via registered official documents or peremptory possession verdict of court and oblige the plaintiff of the dispossession or similar claims, to show them and otherwise deny the claim; while showing these documents may be subject to difficulty or excuse. It is suitable to distinguish among properties in different registration conditions and not to always oblige the plaintiff to show these documents. This prevents initiation of complex and sometimes useless claims in courts.
Amir Hamzeh Zeinali
Mojtaba Babaei
Abstract
The increasing tendency to peaceful uses of atomic energy alongside the fear of proliferation of nuclear weapons and nuclear war led the international community to conclude the 1968 treaty on non-proliferation of nuclear weapons (NPT). The non-proliferation of nuclear weapons, the right to use peaceful ...
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The increasing tendency to peaceful uses of atomic energy alongside the fear of proliferation of nuclear weapons and nuclear war led the international community to conclude the 1968 treaty on non-proliferation of nuclear weapons (NPT). The non-proliferation of nuclear weapons, the right to use peaceful nuclear energy and nuclear disarmament are three main pillars of the treaty. However, the concepts, contents and limits of rights and obligations of state parties to the treaty on the pillars, constantly have been the subject of disagreement among different groups of states, notably among Non-nuclear states and nuclear states. The recent challenge on Iranians nuclear activities including the Iran’s right to enrich uranium is a clear instance of these disagreements. This article described the legal nature, its contents and limits of right to use peaceful nuclear energy as one of the main pillars of NPT and then, analyzed the Iranians right to enrich uranium. The use of nuclear energy is a general and inherent right of all states under general international law. However, this right is limited to the non-proliferation and manufacturing nuclear weapon by NPT.
Abbas Karimi; Mohsen Saeedinia
Abstract
The litigations resulting from a crime may be categorized in two categories of private and public suits. One of the most significant issues in such suits is the recognition of parties to them. A public suit is lodged by the public prosecutor against a defendant. The private suit is, however, made by ...
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The litigations resulting from a crime may be categorized in two categories of private and public suits. One of the most significant issues in such suits is the recognition of parties to them. A public suit is lodged by the public prosecutor against a defendant. The private suit is, however, made by persons whose beneficiary status may not be determined as simply as expected. The main issue of this paper is to recognize the persons along with the victim to have the right to lodge a case in line with the observance of civil procedure rules and regulations. May legal entities other than real entities, lodge a private suit before criminal courts? In addition, which damages mentioned under the 2014 Criminal Procedure Code may be claimed by such persons? In the legal system of the most countries like, France, in addition to victim, the others can suit a private case. This Suit can transform voluntarily or forcibly. Then, successors such as heirs, insurer and transferee and those who have been hurt directly from crime can suit this case. Studies show that the regulations of Iran in this area suffer from scattering, incoherence and legal vacuum. In this regard, it is suggested that in view of the other countries' law and regulations, the regulations in this area would been consistent and some rules approved about promoting the protection of claimants in private suit resulting from crime; because various rules and laws governing such suits, along with conflicting precedents have led to some implications on the issues of the private suit resulting from a crime under the Iranian legal system, made judges confused.
Aminolah Zamani; Mohammad Hassan Bagheri Khoozani
Abstract
One of the duties of the Chief Justice of Iran by virtue of the second paragraph of Article 158 of the constitution of the Islamic Republic of Iran is "Drafting judicial bills appropriate for the Islamic Republic". Article 47 of the Constitution has obliged the passage of the legal bills through the ...
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One of the duties of the Chief Justice of Iran by virtue of the second paragraph of Article 158 of the constitution of the Islamic Republic of Iran is "Drafting judicial bills appropriate for the Islamic Republic". Article 47 of the Constitution has obliged the passage of the legal bills through the Cabinet to the Parliament. One of the controversial issues in this area is the possibility of judicial bills being sent directly by the head of the judiciary to Parliament. This paper, with a descriptive – analytical approach, and to illuminate the goal of the Constitution, has scrutinized the definition of the word "Bill" and with reference to the principle of the separation of powers and some ideas stated by the Guardian Council, has reviews the authority of the Chief Justice of Iran to send judicial bills directly to the parliament.
Private Law
Abolfazl Aghakhani
Abstract
AbstractEach party to the contract expects that in the event of termination, automatic cancellation or cancellation of the contract, the same exchange or compensation that it has transferred to the other party in the contract, to achieve the purpose of terminating the contract. But in many cases it happens ...
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AbstractEach party to the contract expects that in the event of termination, automatic cancellation or cancellation of the contract, the same exchange or compensation that it has transferred to the other party in the contract, to achieve the purpose of terminating the contract. But in many cases it happens that despite the existence and survival of the original property, it will not be possible to return it. In the event of automatic cancellation or cancellation of the contract before the property subject to the contract is transferred to the third party by the buyer (transferor), If there is a right of termination for the seller from the beginning of the contract and according to the contractual condition, the buyer does not have the right to transfer the property until the expiration of the seller's option. However, if the seller has a potential right of termination in the contract and the property is transferred to a third party before the right of termination is created, and also if the termination or termination of the contract occurs after the transfer of property to a third party, the same property is non-refundable. It is destructed in law. The fundamental question is to what extent the existence of a right of termination for the seller can limit the ownership of the buyer? if the property is transferred to a third party and the contract is terminated, the seller is considered a destructed, unless the condition is violated (explicit or implicit) and the buyer does not have the right to seize the option. However, in the case of a sale, the legislature presupposes that the right of termination contains the implicit obligation that the transaction must be ready to be returned to the original owner, and therefore prohibits seizure contrary to the option.
Mohammad Rasekh; Fatemeh Bakhshi Zade
Abstract
Emergence of the concept of law in the Constitutional era should be considered as the result of intellectual endeavours of those thinkers who had striven to explain it long before the official date of the Constitutional Revolution (1906). Therefore, learning about intellectual and objective backgrounds ...
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Emergence of the concept of law in the Constitutional era should be considered as the result of intellectual endeavours of those thinkers who had striven to explain it long before the official date of the Constitutional Revolution (1906). Therefore, learning about intellectual and objective backgrounds and also about the first discussions and analyses on the nature of law will bear great insights. This paper shall deal with the development of idea of change in the political system in the pre-Constitutional time up to the Constitutional Revolution. This in fact reveals the process of emergence and evolution of the concept of law among the thinker or that era. It was not an accident that people sought a constitutional system and laws appropriate to this system. The existence of an unregulated (independent) absolute monarchy accompanied with an absolute law and then introduction of the idea of a regulated absolute monarchy along with the law as regulations were all background elements that contributed to the rise of a will for a constitutional system which in turn had occupied the mind of the main constitutional thinkers. Law for them was the law of a constitutional system. This understanding went serious changes later on.
Alireza Yazdanian
Abstract
The butt of tort law is perfect compensation and for this porpuse there are ideas that one of them is vicarious liability .According to the view of the jurists one of the vicarious liabilities is liability of follower of the act of master .Nowadays in French law not only there is liability of employer ...
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The butt of tort law is perfect compensation and for this porpuse there are ideas that one of them is vicarious liability .According to the view of the jurists one of the vicarious liabilities is liability of follower of the act of master .Nowadays in French law not only there is liability of employer of the act of worker in the article 1384 of civil code but also there is another idea for the liability of follower of the act of master that is a general theory that anywhere there is a relation of following the master has liability of the act of follower that in this article has been designed.
Ahmad Mohammadi Barde'i
Abstract
Legalentitiesoccasionallyenteringourlegalliteratureshouldbenaturalizedsoastobecoordinatedwiththeprinciplesandfundamentalsofourinternallaw. Embryodonationisanewly-bornentitysubjecttoaprincipleoftencalled “anonymity”, “secrecy”, or “privacy” initshometown. IntheIranianlaw, ...
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Legalentitiesoccasionallyenteringourlegalliteratureshouldbenaturalizedsoastobecoordinatedwiththeprinciplesandfundamentalsofourinternallaw. Embryodonationisanewly-bornentitysubjecttoaprincipleoftencalled “anonymity”, “secrecy”, or “privacy” initshometown. IntheIranianlaw, duetoconcisenessoftheEmbryoDonationtoInfertileCouplesAct, andinconsistencybetweenitsregulationsandthegoverningrulesandlegalprinciples, therearedoubtsaboutthesecrecyprinciple. Thispaperseekstoexplicatetheexistenceorabsenceofthisprinciplethroughinvestigatingthecurrentrulesandtoproposeasolutionforthecurrentgaps; includingthenecessityforachangeintheRegistrationofIdentityDocumentsRegulationandassertingarefusalofthesecrecyprincipleintheEmbryoDonationtoInfertileCouplesAct.
Jahandar Amini; Mohammad Ali Taheri
Abstract
Repentance (Tobeh) includes returning with Penitence toward God and avoiding sinning. The penitent should make a resolution not to do sins again. And also the sinner should ask for God's forgiveness and try to compensate for his past. Regarding to Quran and Sunna, repentance has a special and important ...
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Repentance (Tobeh) includes returning with Penitence toward God and avoiding sinning. The penitent should make a resolution not to do sins again. And also the sinner should ask for God's forgiveness and try to compensate for his past. Regarding to Quran and Sunna, repentance has a special and important place. It is an opportunity given to the guilty to repent from his wrongs and to try to right. In addition to the other worldly effects, repentance has mundane effects, too. Since scholars differ about the amount of its effect in mundane punishments, it is necessary to consider its effects in punishments. There are several opinions about the effect of repentance in penalties. Zahariah believe that repentance does not have a role in the lapse of mundane penalties. Because accepting the lapse of punishments by repentance leads up to God's hudud come to a standstill. They believe repentance causing to lapse of unworldly penalties. The religions of Hanafieh, Malekieh and Shafehieh believe that punishment merely renders null the crime of combatant (Mohareb) and doesn't have any effects in other punishments, on condition that the combatant repents before government forces take action because only in proportion of the crime of fighting (together) (Moharebeh) there is a clear text (Nass-e-Sarih). Hanableh, Emameih and Shafehieh in one of the saying rely on Ahadis and in comparison (Qias) with other penalties, believe repentance generally clears Hudud. It seems that this opinion is more correct.
Mohsen Izanloo; Babak Shid
Abstract
Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration ...
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Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration agreement and they are non-signatories. Estoppel rule as the main element of the “estoppel Doctrine on the extension of arbitration” is one of the most famous legal rules and regulations of the common law system, for years has appeared and illuminated in arbitration issues. Despite the importance of estoppel rule and its prevalence in international proceedings, there are no proper researches about the essence and effects of this rule. This comparative study on extension of arbitration agreement to the third parties with emphasis on the estoppel doctrine is one of the newest and practical issues may be the point of challenges between common law and statutory law legal systems.
