Private Law
Atefeh Zabihi
Abstract
One of the elements of a fair and efficient judicial system is the exactitude and integrity of verdicts issued by the courts of this system at different levels of the judicial structure. To obtain this feature in the verdicts, judges should observe and consider some criteria. In this regard, the judges ...
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One of the elements of a fair and efficient judicial system is the exactitude and integrity of verdicts issued by the courts of this system at different levels of the judicial structure. To obtain this feature in the verdicts, judges should observe and consider some criteria. In this regard, the judges are obliged to explain the reasons and causes of their judgment in detail when they are writing the justifiable reasons in the verdict. In some cases, human rights documents may be cited as the reason for the verdict at the discretion of the judge. So judges must observe some special formal and substantive principles. Because the hierarchy of norms in the legal system is different in the domestic legal system, and the type of document (and how to approve anyone) affects on binding of each document, the present study seeks (by using a descriptive-analytical method) to identify and explain the criteria for the validity and Impeccability of the verdicts issued by family courts in this matter (by using the opinions and experiences of judges). Finally, the author has expressed these indicators in the form of general rules of composition of the verdict and special requirements of criteria for exactitude and integrity of judges' verdicts based on International Documents in family litigation.
Criminal Law
hasan vakilian; davar derakhshan
Abstract
Prevention and management of conflict of interest in the judicial system is one of the ways to reduce corruption in both judicial and political-administrative system. Different countries often anticipate and control conflicts of interest in justice system. Countries like the Islamic Republic of Iran, ...
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Prevention and management of conflict of interest in the judicial system is one of the ways to reduce corruption in both judicial and political-administrative system. Different countries often anticipate and control conflicts of interest in justice system. Countries like the Islamic Republic of Iran, the United States of America and the United Kingdom each have some laws and regulations in their legal system. By comparing the approach of the mentioned countries, it can be concluded that the early identification of the concept of conflict of interest by the United States and Great Britain, has led to drafting, adopting and enforcing the laws much earlier in regard to Iran. Thus the conflict of interest in the judicial system of these countries has been decreasing. Judicial and public officials have also had a great deal of interest in managing conflicts of interest by knowing and understanding this issue. But in Iranian legal system, the independent concept of conflict of interest has not yet succeeded in finding its proper position in the laws. As a result, the country has not witnessed a significant process of managing conflicts of interest in the judicial system. Nonetheless, disparate laws and regulations that involve preventing and combating conflicts of interest have failed to provide effective management of conflicts of interest in the absence of some of the key elements in managing this issue, such as declaring assets or supporting effective disclosures. The lack of comprehensive legislation and the effective and transparent implementation of existing laws, bring more to the current problems of conflict management in the justice system.
Private Law
Abdolsaeed Badiei; farhad PARVIN
Abstract
Certain Authorities of Religious Minorities in Iran’s Act and theEffects of Their DecisionsOne the innovations in the new act of family support is observed in article 4 for the authorities of religiousminorities. Concerning the competence of these authorities and their relationships with the judicial ...
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Certain Authorities of Religious Minorities in Iran’s Act and theEffects of Their DecisionsOne the innovations in the new act of family support is observed in article 4 for the authorities of religiousminorities. Concerning the competence of these authorities and their relationships with the judicial courts,legislators deny the competence of the general courts in hearing the minority affairs based on their religiouscommonalities and certain rules and habits. Moreover, given that these authorities are competent to hear thepersonal status and non-litigious affairs of the religious minorities and are legally recognized to do so, they canbe, to some extent, considered as an exceptional part of the judicial judgment institution. As a result, theirdecisions are valid in the courts and are ratified and enforced if they are compatible with the public order andmorality.Keywords: religious minorities, certain authorities, common and certain rules and habits, judicial system,judicial authority
Ali Bahadori; Esmaeil Ajorlo
Abstract
The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches ...
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The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches or not. What are these models and their pros and cons. This paper is about to analyze these models and their religious or non-religious characteristics. Overall, there are two models of proceedings system based on sharia. First, creating special courts of sharia, and second, trial in general courts, but according to the Islamic laws. The type of political system and its approach in relation to the religion is an important factor in applying these two models. Finally, both models are considered in relation to the realization of sharia laws, which is the ultimate purpose of these models.
