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
Hasan Badini; Mohammad khakbaz
Abstract
Inflation affects fulfillment of financial obligations or non-financial contracts with financial effects such as marriage portion in marriage contract. Inflation renders fulfillment of obligations sometimes impossible or delayed and sometimes with great distress and constriction. Solutions must be devised ...
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Inflation affects fulfillment of financial obligations or non-financial contracts with financial effects such as marriage portion in marriage contract. Inflation renders fulfillment of obligations sometimes impossible or delayed and sometimes with great distress and constriction. Solutions must be devised in such conditions for just interpretation and execution of contract and prevention of abuse of right by the obligee as abuse of right is prohibited (Principle 40 of the Constitution law and Doctrine of LA ZARAR). Means such as cancellation of contract by the obligor using option of impossibility of submission of consideration, granting just deadline to the obligee, adjustment of contract, claim of delay damages or day price in delayed monetary obligations can help balancing between the parties' rights. However, it must be taken into account that making contractual conditions just needs to be in compliance with valid legal principles. Also, a solution for a legal issue is not necessarily similar to the other one due to the special relativity of humanities in general and law in particular and the fact that justice is a relative, flexible and fragile concept.
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.
Zeinab Esmati; Hassan Badini
Abstract
Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental ...
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Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental principle such as, Principle of Support, comprisal Principle, Sufficiency Principle, Equality Principle, comprehensiveness Principle. the results of this study indicate that in some cases the issue Some votes in favor of social security law and the lack of knowledge of some judges to social security law principles and adduce to regulations the basic principles of social security are ignored, the issue has led to incorrect votes While there in silence, ambiguous, briefly and sometimes conflicting laws and regulations, including the Social Security Act, deduction, interpretation and enforcement of legal rules has made it difficult, therefore, to review the Social Security Act to fulfill its basic principles، And to publish critical opinions, especially opinions issued by, administrative justice tribunal on the basis of the social security law is necessary; Imperative that the correct procedure in courts and offices of the Administrative Justice Court, the social security organization in support statutes and regulations of the complaint in this Court help.
