Private Law
Mina Hosseini; Behnam Ghafari
Abstract
One of the issues that have received less attention in competition litigation cases in our legal system is the litigation costs problem. The Competition Council has several tasks under "the Act of the execution of the General Policies of Article 44 of the Constitution"(2007), which requires a great deal ...
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One of the issues that have received less attention in competition litigation cases in our legal system is the litigation costs problem. The Competition Council has several tasks under "the Act of the execution of the General Policies of Article 44 of the Constitution"(2007), which requires a great deal of expense to perform optimally. At present, these costs funded by the government. Although in the current state of the economy with considering other countries' approaches to financing these costs, it is better to have at least some of the funding required by the council from other sources (such as receiving fees from private applicants).This study investigates the experiences of the US, Canada, Japan, Turkey, Denmark, the UK, Swiss, Ireland, South Africa, and Hong Kong legal systems in providing competition litigation costs.This article, in an analytical way, examines the justification for collecting litigation costs. Using the experience of other legal systems, it proposes a method (along with suggesting some articles) for allocation of litigation costs in the Iranian competition law and merger control regime to introduce a basis for reforming the law and optimizing Iran's competition system.
Criminal Law
Behnam Ghaffari; Seyyed Hamid SHahcheragh
Abstract
One of the major problems at present in the branches of criminal Judgment's execution throughout the country, which have a significant volume of cases in these units, are cases involving default convictions where their judgments have not been actual notice. Such cases, which were not executed due to ...
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One of the major problems at present in the branches of criminal Judgment's execution throughout the country, which have a significant volume of cases in these units, are cases involving default convictions where their judgments have not been actual notice. Such cases, which were not executed due to the lack of recognition and access to the convicted person, now constitute a large part of the older cases of these branches. Certainly one of the most effective legal tools for overcoming such an undesirable situation is the regulations governing the execution prescription. However, due to ambiguity in jurisprudence over the concept of "definitive verdict", this legal instrument is not well used and the Legal Department of the Judiciary has not been able to assist in resolving this dilemma by providing a proper interpretation of the provisions. On the contrary, it has added to the ambiguity of the field with its controversial and critical advisory opinions. In this article, in addition to exploring the concept of the definitive verdict, numerous opinions of the legal department in this field will be criticized, and eventually, it will be shown that default judgments along with other judgments commonly accepted as definitive and non-appealable are subject to execution time-lapse set forth in Article107 of the Islamic Penal Act, 2013.