Family Law
ZAHRA REZAPOUR; mohammad farajiha; mohammad roshan
Abstract
According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal ...
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According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal justice system has been only to deal with the substantive issues of the lawsuits and apply the rule to them. Attempts to solve this problem and apply alternative views had to the proposal of a new approach under the title of problem solving with components such as rethinking the role of the judge in many countries under the common law system. The current research deals with two main issues through the aforementioned approach: First, what is the evolution of the judge's role in problem solving approach? And second, to what extent have the effects of this evolution been recognized in Iran's legal system? To answer them, the method of content analysis of legal documents and documents, including judicial cases (15 samples) in the summer of 1401, was used in the Justice Complex of Razavi Khorasan province. Also13 hearings were also observed and investigate the attitude of criminal justice authorities, 30 judicial activists and lawyers and a number of victims interviewed using the in-depth interview method. The findings of the research showed that in the approach of problem solving, in the criminal justice system of Iran, the judicial procedure of some judges, although unknowingly and unsystematically, has the characteristics of problem solving with different degrees
Mohammad Roshan; aliakbar jafari; Mojtaba Jahantighi
Abstract
In recent section of previous civil procedure law (article 728) was mentioned that damage can be caused by destruction of property or can be generated by loss of profit which was resulted by performing of an obligation. This verdict put an end to all conflicts about loss of profit and gave right to creditor ...
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In recent section of previous civil procedure law (article 728) was mentioned that damage can be caused by destruction of property or can be generated by loss of profit which was resulted by performing of an obligation. This verdict put an end to all conflicts about loss of profit and gave right to creditor to his definite deprivation benefit beside property casualty and increase of his debts. After Islamic revolution and constitution passage in 1358, According to the forth principle: "All civil, penal, financial, administrative, cultural, political law and other ones should be based on Islamic principles." This important principle emphasized that all provisions should be Islamic. Legislator a long time after the Islamic revolution in second waver of article 515 of civil procedure law approved in 1379 that regularly should be constructed on jurisprudence noted that: "loss of profit cannot be demanded" and accordingly generated a profuse conflicts among scientists. In this essay we want to say that all reasons in irreparability of loss profit can be refuted and vice versa, there are many reasons against first viewpoint. As a result legislator deduction from jurisprudence resources was not correct. Accordingly not only second waver of article 515 civil procedure law approved in 1379 is contrary to the constitution especially forth principle, but also it does not have compatibility with jurisprudence basis, consequently its reform is requisite.
Mohammad Roshan; GHafor KHoeini; Azad Falahi
Abstract
As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required ...
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As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required qualifications. In some cases, the terms of the concluded contracts possess all basic conditions for authenticity (correctitude); however, often due to treating with third parties, they may encounter some status that is assumed as type of ‘pasture tax’. The pasture tax denotes a status in which the contract includes the authenticity conditions but in order to observe the rights of third party in the given contract, it should be waited within time interval for pasture tax status so if the right of third party is given typically in whatsoever after that period the contract is correct otherwise it will be annulled. In other words, the given contract does not encounter ay problem at the expedient phase but it will be exposed to some barrier in effectiveness of the given contract duly. Some experts have assumed this status as synonymous with non- referable status in French law. This is a paradigm that has been criticized in the preset article ad we have interpreted this point with implication of some evidences ad documentation that these two statuses are different from each other so assuming them as synonymous terms is improper. The basis of pasture tax status is to composition of rights of both parties. Unlike other institutions, this term is not employed only for adjudication of third parties or both contract parties, but it will be tried to achieve rights of all contract parties. We try to analyze ‘posture tax statuses in terms of jurisprudential and legal perspectives in the current essay. In this course, we will look at Iranian, Islamic, and French law systems.
