Private Law
hasan mohseny; hosein davoodi
Abstract
litigants sometimes refer to own wrongdoing and expect the courts to rule in their favor. If such lawsuits or defenses are accepted, justice will not be done and a solution must be found to solve this legal problem. In this case roman maxim " Ex turpi causa non oritur action, ex dolo malo non oritur ...
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litigants sometimes refer to own wrongdoing and expect the courts to rule in their favor. If such lawsuits or defenses are accepted, justice will not be done and a solution must be found to solve this legal problem. In this case roman maxim " Ex turpi causa non oritur action, ex dolo malo non oritur action " are cited in legal systems . The most important thing about that is the concept and scope of its application. Therefore, the concept and scope of this maxim was examined in some legal systems, especially common law system, and some instances of it were researched. It became clear that in most legal systems, this principle is considered a certain legal principle. This maxim cited in foreign law in three sections: contracts, civil liability, and trust. The meaning and rules of applying this maxim in foreign law are not very clear; However, legal principles and policies and methods have been proposed to apply it, and there are instances such as illegal transactions, bribe restoration, slayer rule, and the responsibility of the offending managers to company, Which sometimes was criticized and Has been set aside. This maxim have a moral basis and considered as a requirement of justice. However, in practice, in order to avoid its mechanical application, its application is at the discretion of the judge, and this is done with the balance of the importance of the wrong and the amount of damage, and with Considering such rules as prohibition of unjustified enrichment. Islamic jurisprudence and Iranian law like any other legal systems, has it inside. This maxim can also be considered in litigations, and as a procedural rule prevents the parties from invoking their violations and prohibits the hearing of lawsuits or defenses that documented with violations of the plaintiff or defendant
Private Law
Ali Asgaritavani; Hasan Mohseni; mohammad ali mahdavi sabet; Mansoor Amini
Abstract
The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due ...
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The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due to the compliance of the legal authority with the criminal verdict. However, the question is "to what extent" and "in which condition"? In Article 18 of the Code of Criminal Procedure, the legislature only mentions the phrase "effective" criminal verdict on a law. While the phrase is not clear and should be analyzed by studying the elements of the criminal verdict. In this article, by mentioning the principles, characteristics, conditions and effects of the rule of validity of the final criminal case in civil law in the legal system of Iran and France, we explain the superiority of criminal law over civil law by mentioning the votes. Finally, we make the exception of the fact that the third party is the victim of the criminal verdict and the buyer of the property in the transaction intends to flee from the debt. The research method is based on a descriptive-analytical and applied method (judicial procedure). The main result is to prove the existence of the right of the third party affected by this rule.
Hasan Mohseni
Abstract
Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative ...
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Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative competence. This situation that required to resolving the vagueness of its dispute settlement procedure has not concerned in 2008 act about CRC and caused some difficulties on the possibility or non-possibility of attack on its or public tribunal judgments which later is rendered after appeal such as revision and tired persons apposition. This is the subject of this paper.
Hassan Mohseni
Abstract
The notion of jurisdiction depends to the nature of judicial acts; because two powers called Executive and Judicial in each government are administrator body in regard of Legislative power. In Iranian legal system, in the other word, the situation of Adjudication institutes is less discussed and their ...
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The notion of jurisdiction depends to the nature of judicial acts; because two powers called Executive and Judicial in each government are administrator body in regard of Legislative power. In Iranian legal system, in the other word, the situation of Adjudication institutes is less discussed and their classifications have not been studied exactly as should be. In this legal system we can see day by day the increase of institutions’ numbers such as Commissions, Councils and Boards between Adjudication institutes but it is not clearly shown that if Legislator seeks to create a Court or Tribunal by they or its intention merely is creation of some institutions for administration of law in strict sense. Many Substantive and Formal criteria have been suggested for distinguishing judicial acts which foundation of legal system to each one can disorder its supposed order. In this research, after studding and evaluating these criteria, we have endeavored to introduce Adjudication institutes orderly. The result of this article can be summarized in these phrases: “a jurisdiction is a third or an impartial institution that decides about a juridical conflict decisively and certainly by applying substantive and formal rules”.
Hasan Mohseni
Abstract
An action that one of the litigants proceeds against another litigant during a proceeding is related action. If this action has perfect relation by that action which is in course of proceeding, proper administration of justice and preventing to issuing paradoxical judgments requires to ruling all of ...
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An action that one of the litigants proceeds against another litigant during a proceeding is related action. If this action has perfect relation by that action which is in course of proceeding, proper administration of justice and preventing to issuing paradoxical judgments requires to ruling all of them in one proceeding as one case. In these two cases: “annulling the title of defendant in half of portion” and “demanding remuneration for total portion” we can see that Iranian procedural laws cannot suggest any reliable solution for solving the paradox between their final judgments. Therefore, how we can collect these actions at pleading stage, in during the proceeding and in using the way of attack against judgments (reviewing stage) and even if in execution of judgments and finding a solution in Civil Enforcement Law is the main subject of this article.
Hassan Mohseni; Amirhossein Reazeinejad
Abstract
Relationship between morality and law is a priori. Ethics also applies in to adjudication. Non-determination raise legal question to moral one so there is no difference between substantial and formal rules in regard of incertitude. Judge should find the most moralist interpretation in case of without ...
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Relationship between morality and law is a priori. Ethics also applies in to adjudication. Non-determination raise legal question to moral one so there is no difference between substantial and formal rules in regard of incertitude. Judge should find the most moralist interpretation in case of without notice recorded voice’s credibility; A decision that can preserve its justifiability and his judgment’s equitability. In our opinion, it is the force of morality that requires moral decision; a force in nature of moral element that direct judicial review to it.
