Mohammad Ashouri; jamal ansari
Abstract
The Islamic Republic of Iran is in terms of the number of criminal population, in the eighth and in terms of the number of pre - trial detentions in the ninth place in the world. An increase in the rate of prison population from 172 in 1993 to 287 in 2014 and an increase in the rate of pre-trial detention ...
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The Islamic Republic of Iran is in terms of the number of criminal population, in the eighth and in terms of the number of pre - trial detentions in the ninth place in the world. An increase in the rate of prison population from 172 in 1993 to 287 in 2014 and an increase in the rate of pre-trial detention from 39 to 72 in the same period are clearly showing that Iran is experiencing a huge increase in the criminal population. The growth of the rate of pre - trial detention is one of the main causes of penal population growth and the subsequent overcrowding in prisons in Iran. Increase in the rate of pre-trial detention, in turn, results from the legislative, judicial and several other factors. Expansion of substantial criminal law interventions - through the widespread criminalisation and imprisonment, war on drugs and the lack of adequate criminal measures to replace non-custodial measures and eventually legislature's weakness in regulations relating to the custody are the most important factors including legislative and excessive reliance on and inefficient judges and prosecutors to control crime, and minimal use of non-custodial measures and structural weaknesses in the judiciary, are also some other causes of the increase in the number of the defendants waiting for trail.
Abolfazl Mohebbi
Abstract
One of the most remarkable intersections of law and economics is monetary and financial issues, and one of the respective matters is monetary obligations and breach of such obligations. The present research under the title of "Economic Analysis of Civil Performances Guarantee for Monetary Obligation ...
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One of the most remarkable intersections of law and economics is monetary and financial issues, and one of the respective matters is monetary obligations and breach of such obligations. The present research under the title of "Economic Analysis of Civil Performances Guarantee for Monetary Obligation Breach" aims to present an overview of money and monetary descriptions and obligations as well as expressing legal reactions to monetary obligations breach (such as nominal value compensation, money value decrease compensation, vindictive damages and delay penalty) upon applying law economics rules, experimental findings and experts practice, and identify the most efficient and optimized reactions and introduce them as the most important objective of economic analysis of law to the judicial and legislative society in order to decrease social costs.
It focuses on this important about the nature of money that tends to be nothing but purchasing power that is fungible at current time and will be non-fungible during the time. At point of view of economic analysis of law, the efficient legal rule respecting to monetary obligation breach is the rule of delay penalty. Finally when the rule of delay penalty is considered as legal rule for monetary obligation breach, legal efficiency will lead economic efficiency through decreasing social costs (exchange cost, risk allocation, opportunity cost for parties in claims, inefficient reliance cost and performing and administrative costs, etc).
Majid Akbarpour; Abolfazl Mohebbi; Khadijeh Nazari
Abstract
Natural obligations is one of various kinds of obligations that there are diferent viewpoints on its basis and nature. these are obligations in which, the obligee has no claim right but if the obligor voluntarily fulfilled the obligation, his/her claim for restitution will not be admissible. the question ...
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Natural obligations is one of various kinds of obligations that there are diferent viewpoints on its basis and nature. these are obligations in which, the obligee has no claim right but if the obligor voluntarily fulfilled the obligation, his/her claim for restitution will not be admissible. the question here is :what is the legal nature of natural obligation? what are its instances? And which legal rule) from economic principles) is more efficient and desirable about such obligations? Using the jurisprudence juridical and economic principles, can said that, prohibition of unlawful possession or prohibition of unlawful utilization of a property is the best legal establishment that illustrates basis and nature of natural obligations. Moreover, time lapse debts, leniency contracts debts, denied by oath, debts related to credibility of judgment and kinfolks (relatives) past alimony can be counted as instances of natural obligations. Also observing social costs, provisions of article 266 of civil code on inadmissibility of claim for restitution of debtor who has paid the real debt, as a legal source in natural obligations is efficient
