Criminal Law
Sina Rostami; Hamid Bahrehmand
Abstract
whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, ...
Read More
whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, promote transparency and public trust, encourage prevention and fight against corruption, pay attention and focus on criminal policies. Participation has increased as a legal tool to encourage and support whistleblowers and strengthen whistleblowing. Iran's legal system took its first step in this field by offering financial support to whistleblowers, but its action is only based on the support aspect. Therefore, in an efficient and systematic manner, it has not been able to use the functions and capacities of the collaborative criminal policy in relation to the disclosure of corruption as it should and deserves; Because the use of collaborative criminal policy capacities requires other efficient and systematic legal measures and platforms. For this purpose, the current research, based on descriptive and analytical methods and based on library sources, concludes that the use of collaborative criminal policy capacities with the fundamental and fundamental challenge of the lack of measures and criteria for determining the scope of the whistleblower, the scope of the whistleblower, the method of whistleblowing is to protect the whistleblower, which is neglected in the mentioned plan. In this regard, the present research, while explaining and analyzing the challenges facing the legislator, in the light of the solutions adopted by other leading and pioneering countries in this field, provides measures and criteria to overcome the challenges. It helps to facilitate the legalization of corruption disclosure in Iran's legal system.
Private Law
Dr. Seyyed Mostafa mohaghegh damad; khashayar esfandiari far
Abstract
Law and justice are closely linked, and decisions that do not conform to justice and fairness are not willingly executed, leading to resorting to all kinds of deceit to escape from it. The link between law and justice can be observed in many judicial decisions, and one of the manifestations of justice ...
Read More
Law and justice are closely linked, and decisions that do not conform to justice and fairness are not willingly executed, leading to resorting to all kinds of deceit to escape from it. The link between law and justice can be observed in many judicial decisions, and one of the manifestations of justice in judicial decisions is the lawsuit for damages by the plaintiff. Nowadays, in various contracts, especially commercial ones, the pledgee tries to put pressure on the pledger and to ensure that he she fulfills the pledge, sums of money are assigned to the pledge agreement as a consideration. In some cases, the pledgee, for various reasons, such as economic fluctuations or negligence and shortcomings, refuses to perform the contractual obligations (in part or in full), resulting in encountering an enormous amount of contractual loss, which sometimes exceeds the contract value. In this type of litigation, the role of judges and, in fact, the judgments are very strong and some courts consider the "principle of interpretation in the light of the whole contract", "the administration of justice and fairness as a rule" and "the illegality of the condition", deviating from Article 230 of the Civil Code and order payment of the obligation by modifying its amount or removing the above-mentioned condition and holding it in accordance with justice. In the present paper, several instances of judicial opinions are mentioned in this regard and their arguments are analyzed.
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 ...
Read More
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.
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 ...
Read More
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.
