Private Law
Morteza Torabi; Iraj Babaei; abbas toosi
Abstract
Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods ...
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Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods of exercising fundamental rights in contractual relations between individuals. These foundations are based on the theory of state action, fundamentalism, and public policy. We will then see how the social principle at the source of rights such as freedom of education, strike, access to information, freedom of employment and freedom of religion, which are necessary for social life in a democratic society, should not be violated in contract law. The main question is how social dignity as a principle is respected and respected in contract law. In case of violation of the principle, what effect does it have on the validity of the contract? This article answers this question with analytical and library methods and relying on the analysis of different opinions of the courts of some legal systems of European countries, it can be said, in Iranian law, the rights arising from the principle of the above are general civil rights that cannot be revoked by contract, even in part. Violation of these rights will invalidate all or part of the contract.
Private Law
Iraj Babaei; Morteza Torabi
Abstract
Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient ...
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Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient to fully protect fundamental human rights. For this purpose, it is necessary that other principles can be introduced as principles in line with traditional principles in contract law. The most basic principle of human rights is the principle of human dignity. The question is, to what extent and in what way can this principle be applied in contract law? Can fundamental rights derived from this human rights principle be revoked by a contract? In this article, with emphasis on various cases in the jurisprudence of some countries and the European Court of Human Rights, we have come to the conclusion that The principle of freedom, which includes important rights such as human dignity, the right to respect for family life, and the principle of non-discrimination, which encompasses various aspects, sometimes as a limiting factor of the will to prevent the infringement of a condition or contract contrary to them and sometimes fundamental rights arising from these principles. As general civil rights, they are also partially irrevocable or revocable. The research method has been library and by studying the judicial practice of countries and Iran.
Private Law
Hassan Badini; mojtaba baneshi
Abstract
Currently members transplantation is one of the important ways to treat diseases. According to basic beliefs, The body is only a respectable collection of mysterious nature, But with scientific advances, Human comprehended the importance of the body and its members for use in medical research and medical ...
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Currently members transplantation is one of the important ways to treat diseases. According to basic beliefs, The body is only a respectable collection of mysterious nature, But with scientific advances, Human comprehended the importance of the body and its members for use in medical research and medical applications. Hence the identification of the right of possession for man, In order to prevent the body from being wasted, The main motivation of the theorists In the field of studies, it is about the relationship between man and his body. But talk about human ownership on his body , It has always been associated with ethical, religious and cultural challenges. From this point of view, Theories such as” labur Theory”, Has been raised in Western law. Along with the theory body for body,whith aim of solving problems and compensate the lack of labur theory would be render for the first time. according to body for body theory ,Use of the human body, is an essential component of research in the field of health. And this necessity is completely new and the lack of a historical record of the acquisition of man in his body, Cannot ignore such right. Because the basis of human knowledge changes over generation. So there is no infinite logic and what did not need yesterday, Can be needed today.Research methodology: this research in terms of purpose is functional and in terms of type is qualitative and in terms of how to collect is librarian, and is based on on-line sourses.
Criminal Law
Nasrin Mehra; Gholamreza Gholipour
Abstract
In the dignity-oriented model of proceedings, the accused or suspected person enjoys some fundamental rights which cannot be taken away from him/her merely by him/her being arrested, accused or apprehended. One of these rights is the right to wear personal, normal, optional clothing; this shall be in ...
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In the dignity-oriented model of proceedings, the accused or suspected person enjoys some fundamental rights which cannot be taken away from him/her merely by him/her being arrested, accused or apprehended. One of these rights is the right to wear personal, normal, optional clothing; this shall be in a manner which no entity or agency is authorized to deprive him/her of this right and coerce him/her to put on “criminal garb. This is so due to the fact that until is proven otherwise, the accused is assumed innocent and his/her outfit shall represent this state of guiltlessness. It means, the accused shall be treated under the aegis of the presumption of innocence not the presumption of criminality; ergo, the outfit of the accused plays a significant role in his/ her quality of defense, the judicial decision and the public judgment. Notwithstanding, in the proceedings of the current Iranian criminal justice system, the accused is forced to wear criminal clothes— something that leads into them and their relatives being subject to negative labelling and misjudgment. Apropos of the question “what is the legal base of the current practice”, the present study identified that not only the current practice is not in harmony with the national codes and the international standards, but also it is in conflict with the strategic principles of the criminal procedures, particularly human dignity, the presumption of innocence, procedural legality, equality of arms, impartiality and the protection of citizenship rights. In this regard, it is a particular desideratum that the present practice gets more aligned with the universal standards and the strategic principles.
MohammadJafar HabibZadeh; Valiyollah Sadeghi
Abstract
Some special defending rights have been recognized to make certain that trial process would be fair for someone who has been entered judicial cycle because of accusation of a crime. These can be called "human justice rights". Included in is not to be respondent or right to silence when asked by a judge ...
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Some special defending rights have been recognized to make certain that trial process would be fair for someone who has been entered judicial cycle because of accusation of a crime. These can be called "human justice rights". Included in is not to be respondent or right to silence when asked by a judge that in practice there are some worries about the degree to which an accused can benefit from his/her right and widespread criticism of the government’s absolute acceptance of this right. Somehow, this worry has been reflected in criminal procedure and new Criminal Procedure Act. In this article, we tried to explain not only concepts, types and accreditation basis, but also attitude to this right in international documents as well as in internal laws. Also included in are "wise discontinuation of silence" mechanisms so as to terminate silence through mechanisms like attention to criminal past history, to logical reasons of silence, to evidence, to victims as well as to encouragement.
Ali Ghorbani; Jafar Movahedi
Abstract
Most of the European and Islamic law terms seem to be similar in nature because of the similarities in their terms (expressions). But a closer and more careful look at these terms reveals that although they seem to be similar to each other, they have different meanings. Including these terms is the principle ...
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Most of the European and Islamic law terms seem to be similar in nature because of the similarities in their terms (expressions). But a closer and more careful look at these terms reveals that although they seem to be similar to each other, they have different meanings. Including these terms is the principle of innocence (asle baraat) in feghh which is GOD-oriented whose correspondence in European law is the presumption of innocence which is due to the Western-oriented way of thinking. By careful investigation we will find that these terms each have different realms and functions in base and consequences including difference in subject, the people affected, the people included, the type of doubts, the realm off rights and bonuses, the person in charge of decision, and the results obtained.
