Family Law
mohsen safari; Zahra Mashayekhi
Abstract
The family is a social institution and a natural unit that we have witnessed significant changes in its definition, structure and function in recent decades. In many legal systems, the family is an ideological institution whose laws are enacted in the light of religious rulings; Laws that are typically ...
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The family is a social institution and a natural unit that we have witnessed significant changes in its definition, structure and function in recent decades. In many legal systems, the family is an ideological institution whose laws are enacted in the light of religious rulings; Laws that are typically authoritarian and the will of individuals to determine their relationships is limited and partial. However, because of the dominance of such rules, one should not ignore the individual areas of human life in the institution of the family and prescribe the violation of their most fundamental rights and freedoms. Fundamentalism is a phenomenon that seeks to protect the fundamental rights and freedoms of individuals in society at the judicial level, and the fundamentalization of family rights seeks to amend strict laws whose absolute application will result in nothing but crisis and turmoil in the family institution. It also violates the fundamental rights and freedoms of family members, indiscriminately and extensively. In this research, in a descriptive-analytical method, by reviewing and criticizing the views of proponents and opponents of constitutionalization of family rights and by presenting criteria in line with the Iranian legal system, we have designed and explained the theory of conditional constitutionality. Prevent the fundamental rights of family members and the fundamental values of the family institution, and shine a light on the minds and consciences of our intellectual judges.
Criminal Law
rasool ahmadzadeh; zahra mashayekhi
Abstract
From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's ...
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From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's will so that the initiation, pursuit, prosecution and enforcement of the sentence is subject to the plaintiff's complaint and failure to pass. The present study deals with one of the assumptions regarding the plaintiff's expulsion announcement that, prior to the expiration of the pledge, agreements are reached between the plaintiff and the custodian. In this research we will seek to answer the question of what is the legal nature of the past and can previous agreements be constrained? Our hypothesis is that forgiveness is inherently a kind of will, and although the agreements reached can make it a condition, it has virtually no effect on the judicial process.
