Private Law
Mohammad Sadegh Mahdavi Rad; Mahmoud Habibi; Ismail shahsavandi; Alireza MASHHADIZADEH
Abstract
Proceedings of retrial in criminal and civil cases are different, it means that in criminal matters only the convicted person, the prosecutor executing the sentence and the Attorney General of the country have the right to request the retrial proceedings in civil matters according to articles 426 to ...
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Proceedings of retrial in criminal and civil cases are different, it means that in criminal matters only the convicted person, the prosecutor executing the sentence and the Attorney General of the country have the right to request the retrial proceedings in civil matters according to articles 426 to 441 of the Iranian Civil Procedure Law; First of all, the reasons for requesting re-trail are the reasons listed in Article 426. Secondly, according to Article 441, no one except the plantiffe and their successor can request a retrial. Thirdly, the request is limited by the deadline. Fourthly, unlike in criminal matters where the request is submitted to the court and the district court prescribes a retrial, in legal matters the retrial petition is submitted to the court that issued the final judgment and the court that issues an acceptance order and retail the proceedings. The legislator of Egypt has also recognized the retrial of proceedings in criminal matters in articles 441 to 457 of the Egyptian Criminal Procedure Law and considers the purpose of the retrial of proceedings in criminal matters to prevent the judge or the court from causing losses to the accused due to a mistake in issuing a sentence. Therefore, the request for retrial by the public prosecutor's office is requested by the convicted person and in the case of the death of the convicted person by the wife or one of the relatives of the deceased, the retrial in civil matters is considered by the Egyptian legislator from articles 241 to 247 of the civil procedure law, which is often with the prescribed directions
Criminal Law
MohammadHadi Tavakkolpoor; Mohammad Amin Maleki
Abstract
Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, ...
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Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, but it seems that by carefully documenting the validity of this issue, more restrictions can be placed on the execution of insane punishment. This research has reached the conclusion by descriptive and analytical method and by examining the authenticity and signification of the relevant narrations that the narration indicating the punishment of the insane does not apply in terms of the type of crime committed and the time of proof of the crime, i.e. the time of correctness or insanity and the method of proof, And its inclusion in the commission of any crime and also the presumption of proving the crime at the time of insanity and in any way is questionable. And it seems that what can be used from the evidence is the permission to perform the whipping punishment, which has been proven by the person's confession at the time of his health; This is more compatible with the defendant's defense rights and with the rule of Caution in bleeding.
Public Law
Ayat mulaee; fatemeh mirahmadi
Abstract
Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of ...
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Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the votes of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So, this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method: descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.
Private Law
Ali Akbar Farahzadi; SeyedRasool Mirnejad
Abstract
The litigation process contains rules and conditions set by the legislature and the litigants must abide by these rules to end the legal dispute and thus end the legal dispute. However, these rules are the means of exercising the right and therefore must be interpreted in such a way as not to prevent ...
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The litigation process contains rules and conditions set by the legislature and the litigants must abide by these rules to end the legal dispute and thus end the legal dispute. However, these rules are the means of exercising the right and therefore must be interpreted in such a way as not to prevent the court from entering into the nature of the dispute and, consequently, the chapter on hostility. In this regard, one of the effects of accepting this analysis is to prevent re-litigation by amendment and correcting the shortcomings of the litigation. This will save time and money for the litigants and increase trust in the litigation system. On this basis, the principle of restoration of the proceedings has been mentioned in order to create and accept a general rule according to which the court, together with the litigants, should place the principle on the remediation of the defects of the proceedings and as a result move towards completion. However, the scope and conditions related to the implementation of the principle of judicial restoration are important issues that are mentioned in this article.
Criminal Law
jalal din qiasi
Abstract
According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It ...
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According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It means that accused must consider his victim’s voluntarily and involuntarily reaction. This rule is accepted just about by two law systems in the scope of automatic physical act and psychological reactions of victim and even on the ground of necessity or duress. But in the case of the victim’s unreasonable voluntarily reactions resulted from his or her belief, the rule has been accepted in Blaue1975, nevertheless it was subsequently interpreted differently by lawyers. In Iran law according to Islamic jurisprudence and positive law the imputation of the result to the accused in this situation is doubtful and can not be accepted.
Private Law
eghbal ali mirzaee
Abstract
Legal principles is one of the sources of law. Legal system need to principles so need rules to direct subjects and behaviors. But role of principle is not limited to filling gaps. Legal principles importance in interpretation of laws, specially conflict Laws. In common view, the Function of principles, ...
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Legal principles is one of the sources of law. Legal system need to principles so need rules to direct subjects and behaviors. But role of principle is not limited to filling gaps. Legal principles importance in interpretation of laws, specially conflict Laws. In common view, the Function of principles, is Unknown. So, lawyers only talk about rules of Reconciling laws: new law Abrogate prior law between two conflicting laws. Also, General Law usually derogate special one. Albeit, preferring a special law against general one has not presume rule; altogether general law might be closer to legal principles. So only by reasoning in any case we can say one Special law derogate general law tacitly or anterior law abrogate Posterior law. Because these rules of reconciling between conflicts laws, such as other rules of interpretation, aren’t decisive. Perhaps Ancient Law be concordant whit reasonable Factors so better than new one. Especially in respect of tow conflict section of one statute we cannot say Legislator has repealed one of them by another one. So the significant of legal principles clear to everyone. Only by reasoning in any case we can say one Special law derogate general law or general law abrogate Special one impliedly. Because these rules of Reconciling between conflicts laws, such as other rules of interpretation, aren’t decisive.so they may be justified by legal reasoning and legal principles.
Criminal Law
Mohammadali Ardebili; Mohammad Ali Mahdavi Sabet,; HOJAT NAJARZADEH AHARI
Abstract
In United Nations Convention Against Corruption and other international conventions and National law having a wealth without justification by public officials it has been introduced as one of the examples of corruption. Wealth without justification or disproportionate is said to be disproportionate to ...
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In United Nations Convention Against Corruption and other international conventions and National law having a wealth without justification by public officials it has been introduced as one of the examples of corruption. Wealth without justification or disproportionate is said to be disproportionate to the legal and recognized income of the public officials. One of the main reasons of anticipation of such a regulations in international conventions and domestic Law is the complexity of the proving of crimes related to corruption and the help of the prosecution to exempt them from the proving of crimes so as to justify the legitimacy of the property on the public officials. The penal reaction to such wealth varies in different countries. Some emphasised the wealth and the attempt to confiscate assets that are unjustified and some have emphasised the types of sanctions such as fines, imprisonment and confiscation. According to relevant laws and regulations, it can now be said that iran's law lacks a penal response to the unjustified wealth of public officials and the article 49 of Constitutional law and Article 2 of the punishment of perpetrators of bribe and embezzlement and fraud cannot be used in this regard.
Public Law
hossein abdollahi
Abstract
Taxation of the right to assign a place is one of the topics of tax law that has received less attention on its legal aspects. The existing legal definition of the “right to assign the place and its instances" is faced with the two problems "ambiguity and imperfection" and therefore, in this article, ...
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Taxation of the right to assign a place is one of the topics of tax law that has received less attention on its legal aspects. The existing legal definition of the “right to assign the place and its instances" is faced with the two problems "ambiguity and imperfection" and therefore, in this article, an attempt has been made to provide a comprehensive definition of these examples. Also by following the sources of tax law, five conditions were extracted for the "realization of the transfer of the right to assignment", which must be met in order to include this type of tax. Regarding the "method of transfer of the right to assignment", this is not limited to transfer through official documents and the transfer is also realized with ordinary documents. Also, in order to determine the "time of taxation", the "agreement of the parties to transfer the right" should be considered as a criterion, and in "determining the taxable income", the "customary price of the right to assign the place" is generally used as a criterion for tax officials; a method that is not only a cause of financial indiscipline, but can also be criminal and corrupting, so alternative solutions have been proposed in this case. The method used in this research is descriptive-analytical and attention to the latest "tax regulations" in addition to the votes issued by the "supreme tax council", "general assembly, specialized committees and branches of the court of administrative justice" has been considered in this study.
International Law
Reza Maghsoudi
Abstract
Abstract: A judgment issued by a foreign country has been recognized and enforced if originating court has jurisdiction for hear the matter. This jurisdiction has been evaluated on the base of rules of addressed country. The key question is what are the criteria for accepting the jurisdiction of a foreign ...
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Abstract: A judgment issued by a foreign country has been recognized and enforced if originating court has jurisdiction for hear the matter. This jurisdiction has been evaluated on the base of rules of addressed country. The key question is what are the criteria for accepting the jurisdiction of a foreign court at the voting stage? Some countries have jurisdiction over a foreign court, such as a domestic court. Others, by limiting the scope of jurisdiction of a foreign court, accept the jurisdiction of a foreign court only on the basis of strict criteria.. In Iranian law, only the exclusive jurisdiction of the Iranian court is considered as an impediment for recognition of foreign judgments. The need to meet the legitimate expectations of private individuals and to provide predictability in cross-border relations requires that the jurisdiction of a foreign court be defined as in the 2019 Hague Convention and that litigants be assured of the condition of recognition in other countries before the trial begins. The lack of uniform jurisdiction rules among countries to recognize foreign court judgments undermines the efficiency and usefulness of international litigation and makes it impossible for free movement of judgments between countries. The need to meet the legitimate expectations of private individuals and to create predictability in cross-border relations requires that cases of jurisdiction of a foreign court be specified and that litigants ensure that this condition is met in other countries before a trial can begin.
Private Law
Alireza mohmmadzadeh
Abstract
The Law on Translation and Reproduction of Books, Magazines, and Audio Works, passed in 1973, is one of the rare laws that has not yet been discussed in any paper. Perhaps one of the reasons for this inattention is the ambiguity and ambiguity that each of the articles of the law in turn raises. Undoubtedly, ...
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The Law on Translation and Reproduction of Books, Magazines, and Audio Works, passed in 1973, is one of the rare laws that has not yet been discussed in any paper. Perhaps one of the reasons for this inattention is the ambiguity and ambiguity that each of the articles of the law in turn raises. Undoubtedly, the lack of a coherent intellectual flow of the law by the legislature, the lack of social sensitivity in protecting people with neighboring rights, especially artists-executors, the researchers' disregard for the rule of law, all contribute to this valley. The subject of this article is to ask these questions and answer them first, according to the national and international laws governing copyright and related rights. I hope that in future research, it will be promoted by well thought out and well-liked researchers of intellectual property rights and will be effective in protecting the neighboring rights.
Private Law
Mahmoud Kazemi; Ali Ghesmati Tabrizi
Abstract
What happens if more than one person is blamed for causing an injury? It is clear that the liability must be divided between them, but the problem is the criterion of apportionment. Should the liability be apportioned equally or differently? If the latter is true, how the share of anyone is determined? ...
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What happens if more than one person is blamed for causing an injury? It is clear that the liability must be divided between them, but the problem is the criterion of apportionment. Should the liability be apportioned equally or differently? If the latter is true, how the share of anyone is determined? In foreign legal systems, there are different ideas in this regard, and finally, it is up to the court to apportion the damages fairly. Islamic law has accepted the theory of equality of liability. After the approval of the Islamic Penal Code, this view entered into the law of Iran, but the jurisprudence with the justification that the theory of equality is based on the assumption of the equal effect of each of the tortfeasors accepted the possibility of proving otherwise and accordingly, each share was determined based on the extent of its impact on the occurrence of loss. The Islamic Penal Code in 1992, under the influence of existing doctrine and jurisprudence, accepted this view in Articles 526 and 527, while in Articles 453, 528, and 533, the theory of equality of responsibility has been followed. In this article, we have tried to explain the foundation of the theory of equality in Fiqh and its results in interpreting the Islamic Penal Code.
Criminal Law
AmirHassan Niazpour
Abstract
The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection ...
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The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection of victims, rehabilitation of criminals and implementation of criminal justice responses have been mentioned to some extent. Despite, the participation of these institutions faces many challenges from different angles. Lack of clear legislative criminal policy regarding the participation of public institutions, skepticism among government institutions in order to interact with public institutions and use the capacity of these institutions to curb and respond to the criminal phenomenon, lack of public awareness of the capabilities of these institutions in the criminal justice is one of the most important challenges. Therefore, training judicial officials, interpreting laws to strengthen the participation of public institutions, preparing and drafting a comprehensive law to develop the use of the capacities of NGO s, and raising public awareness about these institutions are among the solutions and the " Instructions non-governmental institutions interact with the judiciary", which was approved to strengthen the participatory approach in the process of crime prevention and combating crime, can create an arena for strengthening the interaction of judicial institutions with NGO s. In this article, A) action-oriented and B) Reactive approaches to criminal policy in the Instructions are examined.
Public Law
Ebrahim mousazadeh; Ali Reza Nasrollahi; Mostafa Mansourian
Abstract
Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the ...
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Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the field of administrative proceedings by approving the amendment of the Administrative Court Law (2023). This is the case that with the passage of more than a century of public rights and interests, these rights are still facing challenges in their birthplace, which is the criminal law. The Constitution, as a document containing the highest legal norms, requires public institutions to follow it. The Constitution of 1358 by establishing the "restore" of public rights and interests anf specifying the "duty" of the "judiciary" has drawn up the framework of proceedings in this field. In this way the question that arises in the meantime is "How is the order of the constitutional legislator to restore public rights and interest matters in the administrative proceedings?" The writing with the analytical method and using library sources especially the review of the opinions of the basic founders comes to the conclusion that the restoration of public rights as the duty of the administrative court is accompanied by foundations, criteria and requirements which are centered on interpretation methods. Verbal and practical oriented is not realized.
Private Law
kadijeh mozafari; Alireza Izadi fard
Abstract
The assignment of national lands is provided in Iranian law in two definitive and temporary forms. The land is temporarily assigned in the form of a contract between the Ministry of Agriculture and eligible applicants. The contract has a definite form approved by the Cabinet of Ministers. Contracts are ...
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The assignment of national lands is provided in Iranian law in two definitive and temporary forms. The land is temporarily assigned in the form of a contract between the Ministry of Agriculture and eligible applicants. The contract has a definite form approved by the Cabinet of Ministers. Contracts are made in the form of a lease contract and in accordance with specific procedures such as formality and compliance with a specific form. The parties to the contract are the agricultural director of the province as a representative of the Ministry of Agriculture and, on the other hand, applicants with special general conditions and legal priorities. In addition to paying a fare, the tenant must execute a draft plan on rental land. In addition to land delivery, the landlord should provide the tenant with the conditions for issuing the document. Violation of the tenant will be result in the termination of the rental agreement. In the event of a landlord's violation, the tenant will first demand the coercive and terminate the contract in case of compulsory issuance. Objections to decides of the supervisory board and third party claims of land assigned are the most significant disputes arising from the implementation of the contracts.
Public Law
Mozhgan Nemati; Mohammad Ja’far Habibzadeh; Doraid Mousavi Mojab
Abstract
In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, ...
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In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee judicial independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly judicial independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to the parliament -especially with regard to judicial processes- while guarantee and respecting the judicial independence.
Public Law
mohammad najafi kalyani; Mehdi Hadavand; alimohammad fallahzadeh
Abstract
One of the most controversial legal and political issues in recent decades - especially since the 1990s - is the recognition of welfare rights in the constitutions of different countries and how to recognize them. Although it seems that most constitutions have recognized these rights, the status of them ...
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One of the most controversial legal and political issues in recent decades - especially since the 1990s - is the recognition of welfare rights in the constitutions of different countries and how to recognize them. Although it seems that most constitutions have recognized these rights, the status of them in the constitutions does not follow a single pattern, and unlike the first generation of rights, the very existence of these rights is seriously questionable. Despite the diminishing challenges at the international level, internal disagreements persist, and these rights continue to be criticized by various thinkers, especially right-wing thinkers. This issue has led to the inconsistent recognition of these rights in the constitutions of different countries. In this article, we seek to examine the models for identifying welfare rights in constitutions. Given the wide impact of the theories of various thinkers on the current state of these rights, it is necessary to examine the objections to them. The results of the research show that the general principle in identifying these rights is their acceptance as "aspirational goals" in the constitution, and their recognition as a "justiciable right" is an exception.
Criminal Law
seyyed sajjad kazemi; hamed chegini
Abstract
According to Article 217 of the Criminal Procedure Code, one of the most important purposes of issuing criminal security contracts is to "guarantee the rights of the victim and compensate him / her for damages". However, according to the explicitness of Article 690 of the Code of Criminal Procedure, ...
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According to Article 217 of the Criminal Procedure Code, one of the most important purposes of issuing criminal security contracts is to "guarantee the rights of the victim and compensate him / her for damages". However, according to the explicitness of Article 690 of the Code of Criminal Procedure, criminal security contracts for crimes of legal entities are limited to two, the use of which, unlike criminal security contracts of natural persons (Article 217), is not mandatory and "at the discretion" of the official. Judicial is assigned. In the present study, a descriptive-analytical method has been used, using library resources to critique and review criminal security agreements and judicial supervision of crimes of legal entities in order to guarantee the rights of victims. Legal appointments are not commensurate with the severity and extent of the crimes in which legal entities today engage and victimize large numbers of individuals, especially in the financial and economic spheres, and legislative reforms are in line with many countries. It provides for a variety of criminal security agreements for legal entities and has also allowed the use of other agreements, such as bail agreements. Also, in the field of judicial supervision, despite the legal ambiguity and of course against the opinion of some legal writers, it seems that some of the provisions of this contract can be used in relation to these persons in proportion to the crime committed by the legal person.
Public Law
ali mohammad fallahzadeh; mohammad najafi kalyani
Abstract
Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in ...
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Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in cities in 2009 and the formation of the "Article 7 commission", the court's inappropriate procedure in identifying the "article 12 commission of the land-urban law" as a competent authority for recognition the garden was refurbished. In contrast, and because of misinterpretations of the governing laws, one of the issues that have overlooked by the judges was the attention to characteristics of the "garden" and its nature. The present text deals with the court's different and sometimes divergent procedures on the above issues. Also, the nature of article 7 commission and its decisions to identify the competent authority to overseeing them, as well as the decision-making authority for changing the use of gardens, are other issues besides identifying the competent authority to identify the garden, that form the main concern of this article.
Private Law
JAFAR NEZAMOLMOLKI
Abstract
Creation of Exceptional Courts for Proceedings Industrial Property Law Claims and Complaints has some advantages and in contrast some disadvantages. Unjustifiable high costs, grounding for abuse and misconduct, undermining the generalism view point of judges, difficulty of public access to these courts ...
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Creation of Exceptional Courts for Proceedings Industrial Property Law Claims and Complaints has some advantages and in contrast some disadvantages. Unjustifiable high costs, grounding for abuse and misconduct, undermining the generalism view point of judges, difficulty of public access to these courts and debilitating the independence of the court are the most important disadvantages that have been raised for exceptional courts in industrial property cases. In contrast creating and maintaining a specific integrated and coherent procedure in doctrine and judicial procedure, promoting and improving the status of protection of industrial property rights, improving and accelerating the process of reviewing and issuing awards in this area, reducing costs related to litigation in judicial authorities, The dynamics of judiciary system of a country in the field of scientific and practical developments in industrial property and improving the protection of business are the most important benefits of this type of courts. This article has been written based on descriptive and analytic method for study of assessment and feasibility of desirability of industrial property exceptional courts with attention to aforementioned advantages and disadvantages. The results of this study show that exceptional courts in each of its forms are not efficient for all countries and in countries such as Iran, due to the status of industrial property, the numbers of related claims and complaints and the structure and organization of courts and method of their proceeding aren’t justifiable. At present, in Iranian law, the model adopted in Articles 8 and 9 of the Commercial Procedure Bill in relation to the establishment of commercial courts in all provincial capitals (Article 8), which some of them are dedicated to intellectual property (Article 9), subject to expansion the jurisdiction of these courts to industrial property crimes is a desirable model.
Public Law
mahdi moradi berelian; Mghasem Tanghestani
Abstract
One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. ...
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One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. Despite the possibility of the president being tried beforethe Supreme Court for violating his legal duties under Article 110 (10) of theConstitution, Iran's constitutional system is both doctrinaire and procedurallypoor. Based on this, the current research tries to pay attention to thecomparative constitutional law approaches, identify the existing challenges andprovide solutions to solve them, using the descriptive and analytical methodand through legal historical genealogy, a step in the direction of enrichingthe doctrines of the constitutional rights in relation to the president'sresponsibility before the court. The Supreme Court of the country should takeit and provide the ground for creating and strengthening the procedure in thisregard. This study seeks to answer the following questions: In the currentlegal system, what are the ambiguities and challenges of identifying andapplying the jurisdiction of the Supreme Court? And has the jurisdiction any legal and political justification and desirability? Research findings show thatnot enough laws have been passed to implement this responsibility, thegenerality of the constitutional provision on the violation of the president, ambiguity in the competence of the Supreme Court and the General Courts of Justicein exercising this responsibility and the abandonment of the implementation ofthe first part of the aforesaid paragraph in the Constitution are among thenotable challenges in this regard. Amending the constitution and adjusting thepresident's responsibility to the Supreme Court and passing the necessary lawsto put in place should be considered as a solution by the Iranian legalsystem policymakers.
Private Law
Abbas Mirshekari; Nafiseh Maleki; Elham Habibzadeh
Abstract
There is no doubt that mother or father, who is not awarded to have the custody of the child by the court, has visitation right, as Article 29 of the Family Support Act (passed in 1391) and other related acts including Article 1174 of the Civil Code clearly recognize this right for them. However, Article ...
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There is no doubt that mother or father, who is not awarded to have the custody of the child by the court, has visitation right, as Article 29 of the Family Support Act (passed in 1391) and other related acts including Article 1174 of the Civil Code clearly recognize this right for them. However, Article 29 of the mentioned law claims that in addition to parents, relatives are rightful to visit the child. According to the law, visitation right is mentioned in divorcement chapter and therefore this question arises that their visitation right exists only when parents are legally divorced or they also have the right when parents live apart or even when the child is under custody of both parents. To answer this question, this article is pursuing to prove that relatives who are in blood relation with the child (known as relative relatives) do not have absolute and independent visitation right; In fact, their right is conditional upon death or absence of parents, unless emotional attachment and child's interest and prudence exceptionally necessitates visitation to relatives.
Criminal Law
leila goli; abdolali tavajohi
Abstract
Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources ...
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Part of IMAM Ali is teachings provide for elements of criminal policy and contain ideas and special measures against criminal phenomena.One of this elements is, criminalization behaviors and determination of punishment for reducing and control of criminal phenomena.In this article according to resources of the books we showed and used descriptive and analytical methods for considering criteria interfering behaviors criminalized in Alavia teachings.This research was shown that unsociable behaviors against five objectives: life, money, descent, wisdom and religion, has a reprimand ability, so interfering is necessity penal in these cases are undeniable, thus these aforesaid objectives are so essential policy, criminalization of incompatible and adverse behavior against five objects is way for reducing and controlling crimes on the light of criminalization rulers.Besides if there are other methods against crime excepting punishment, resorting to punishment is not correct and punishment has minimum use and is last way for using.
Business Law
HAMID Miri
Abstract
Despite the widespread use of negotiable instruments in ordinary and commercial transactions, legal literature has less noted to the issue of validity and consequences of the transfer of negotiable instruments after maturity. In this paper, in addition to a comparative study of the various approaches ...
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Despite the widespread use of negotiable instruments in ordinary and commercial transactions, legal literature has less noted to the issue of validity and consequences of the transfer of negotiable instruments after maturity. In this paper, in addition to a comparative study of the various approaches in regulations, it also has been examined and criticized the existing legal theories in regard. These theories sometimes forbid the transfer the document after maturity whether it has been done by endorsement or delivery. It has sometimes been considered as an ordinary (noncommercial) transfer. Finally, one tries to say that this transfer just has some of the effects of the transfer of such instruments. Based on commercial customs, lack of any prohibition in regulation, existence of some indication on regulation, this essay shows that in Iranian legal system citation to the weakness and instability of the instrument and thus the holder's reliance on the transferor's credit is not compatible with ordinary willingness of parties to instrument. Apart from this reason, such deduction denies the most of the features of a protested negotiable instrument in favor of its new holder.
Private Law
Younes Yousefi Gorgi; mohammad bagher ghorbanvand; masuod alborzi verki; alireaza navariyan
Abstract
Despite the significance of the possibility of producing new evidence in the phase of appeal in a proceeding, there is no explicit rule in this regard. This issue is controversial among the scholars in the field of procedural law and the judges in connection with the appellate stage of a proceeding. ...
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Despite the significance of the possibility of producing new evidence in the phase of appeal in a proceeding, there is no explicit rule in this regard. This issue is controversial among the scholars in the field of procedural law and the judges in connection with the appellate stage of a proceeding. Most of the courts have induced from the laws and regulations which governs this issue, the fact that a judge can make reference to the new evidence in the appellate, such as new investigation, inspection of scene, or new deeds, even if those evidences have been out of the point or have been deviated or have not been considered by the court of first instance due to any reason. Such approach, from the view point of precedent in the field of appeal, has been provoked by the Iranian Law of Civil Procedure (1939) and Article 563 of French new Civil Procedure Code and it can be said that the judicial precedents in this regard have been established on the basis of the same laws. The only limitation thereof is reference to the new evidence for proving those claims which had been under consideration of the first instance court. However, such precedent is not compatible with jurisprudential (feghhi) history of appeal and the very texts of some laws. Thus the conservative approach of the courts in this regard should be taken into account In the process of the future development of legislation. By following such an approach the legislator can be pushed to revert to the previous laws and regulations concerning the appeal, taking into account some adjustments thereto for confronting the prolongation of adjudications.
Private Law
mahmud khdeman; abootaleb koosha; fatemeh nouri
Abstract
Cryptocurrencies are a decentralized form of digital currency which are presented with new technology identify the nature of cryptocurrencies are closely related to recognizing the technical structure of each of its types. Therefore, offering a unit nature in spite of various types are not possible and ...
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Cryptocurrencies are a decentralized form of digital currency which are presented with new technology identify the nature of cryptocurrencies are closely related to recognizing the technical structure of each of its types. Therefore, offering a unit nature in spite of various types are not possible and it is objectionable. Cryptocurrencies or species of intangible property or in case of extending of this concept to intangible property, it's considered as property which have customary and juridical pecuniary. Although cryptocurrencies theoretically and fundamentally have the functions of money but under monetary law as a currency need to identified by governments. Some types of currency codes such as national cryptocurrencies which created by countries they have this identification but other type, as long as they aren’t recognized in laws, doesn't considered as money and they are just digital assets. Some types of currency codes mean tokens that issued in the first coin presentation are matched with conception of securities. In this regard, several resolutions have been issued as yet but majority of them are incomplete and out of bounds. Therefore, its essential for the country's legislative authorities to enter this field and prepare a comprehensive law.
