Private Law
Majid Azizyani
Abstract
Proof of ownership litigation in the various stages of property registration, there are rules about how to register such property, which must be taken into account, especially in real estate, which is subject to legal requirements and formalities and such a request cannot be accepted absolutely in all ...
Read More
Proof of ownership litigation in the various stages of property registration, there are rules about how to register such property, which must be taken into account, especially in real estate, which is subject to legal requirements and formalities and such a request cannot be accepted absolutely in all immovable property with a single shape and quality. Action for ownership Proof is one of civil action that there are many differences of verdicts about accepting or rejecting it in legal authorities ,so that some of courts has accepted action for ownership Proof based on precedent No. 569 dated Dec.31,1991 of General Board of Supreme Court of Iran and believe that Legal obligation of owner to demand for their self-property registration in part which Public registration of real estate is advertised , not prevented that courts of justice adjudicate about disputes over property ownership and in some of courts avoid from such action by virtue of article 22,46,47 and 48 of Real Property Law and contents of precedent No. 672 dated Dec.21,2004 of General Board of Supreme Court of Iran and also contents law of course to pursue land without official deed. In present article , we review proof of ownership is basically devoid of description of the claim and opposition to the principle or appearance and it is merely a form of litigation that the courts are not the reference of the preparation of the case. The authority to declare ownership of immovable property is the registration authorities.
Philosophy of Law
Masaud Amasi; Ahmad Vaezi
Abstract
The modern legal system in Iran has always been influenced by the textualism movement and legal formalism. The interactive resultant of these two currents has led to a kind of legal positivism in the Iranian judicial system, according which judges must present their judgment with formal judicial logic ...
Read More
The modern legal system in Iran has always been influenced by the textualism movement and legal formalism. The interactive resultant of these two currents has led to a kind of legal positivism in the Iranian judicial system, according which judges must present their judgment with formal judicial logic and within the framework of legal textualism. These assumptions lead us to the main question of this article, which is the nature of legal textualism and legal formalism and how they affect the rule of legal positivism in the Iranian judiciary System. In this article, we will first use a descriptive method to discuss the concept of legal textualism and legal formalism and legal positivism in order to be able to analyze the rule of paradigm based on these concepts on the Iranian judicial system and its consequences. The findings of this study will reveal that the rigid approach to law and the method of judicial inference is not always in line with legal ideals and justice. The other findings of this study will reveal interactive resultant of the textualism movement and legal formalism in the Iranian judicial system is the rule of kind legal positivism, which has confused the ontological, epistemological and anthropological foundations of legal systems based on the principles of modernity with the Islamic legal system in several principles of the constitution and ordinary laws.
Private Law
Majid Azizyani
Abstract
The Influence of criminal and legal on Verdict each other is one of important subjects of legal and penal cases. Upon view of some judges and doctrine of the legal court is bound to follow the final vote of the penal court and in case of simultaneous proceedings , the legal court is bound to cease the ...
Read More
The Influence of criminal and legal on Verdict each other is one of important subjects of legal and penal cases. Upon view of some judges and doctrine of the legal court is bound to follow the final vote of the penal court and in case of simultaneous proceedings , the legal court is bound to cease the proceedings. If each of the legal and penal judicial court proceeding vote , upon the case, without consideration to the other court's votes , its vote is effective in the related case, there are adverse effects such as contradictory and unenforceable effects and accurate study of the judiciary proceeding in this regard is effective in representing of favorable solution. This article, while studying and consideration to the judiciary procedure has being become a position of dependency rule the legal court from penal definite vote in Legal law of Iran and a legal base of the mentioned rule such as validity rule of a competed affair and communication of the vote of the penal court with public discipline and dimensions, limit of rule and its judicial documentaries was investigated and finally the indicator judiciary proceeding and presentation of a base of an accurate law has been represented according to the judiciary rules.
Private Law
Alireza mohmmadzadeh
Abstract
The Law on Translation and Reproduction of Books, Magazines, and Audio Works, passed in 1973, is one of the rare laws that has not yet been discussed in any paper. Perhaps one of the reasons for this inattention is the ambiguity and ambiguity that each of the articles of the law in turn raises. Undoubtedly, ...
Read More
The Law on Translation and Reproduction of Books, Magazines, and Audio Works, passed in 1973, is one of the rare laws that has not yet been discussed in any paper. Perhaps one of the reasons for this inattention is the ambiguity and ambiguity that each of the articles of the law in turn raises. Undoubtedly, the lack of a coherent intellectual flow of the law by the legislature, the lack of social sensitivity in protecting people with neighboring rights, especially artists-executors, the researchers' disregard for the rule of law, all contribute to this valley. The subject of this article is to ask these questions and answer them first, according to the national and international laws governing copyright and related rights. I hope that in future research, it will be promoted by well thought out and well-liked researchers of intellectual property rights and will be effective in protecting the neighboring rights.
Private Law
eghbal ali mirzaee
Abstract
Legal principles is one of the sources of law. Legal system need to principles so need rules to direct subjects and behaviors. But role of principle is not limited to filling gaps. Legal principles importance in interpretation of laws, specially conflict Laws. In common view, the Function of principles, ...
Read More
Legal principles is one of the sources of law. Legal system need to principles so need rules to direct subjects and behaviors. But role of principle is not limited to filling gaps. Legal principles importance in interpretation of laws, specially conflict Laws. In common view, the Function of principles, is Unknown. So, lawyers only talk about rules of Reconciling laws: new law Abrogate prior law between two conflicting laws. Also, General Law usually derogate special one. Albeit, preferring a special law against general one has not presume rule; altogether general law might be closer to legal principles. So only by reasoning in any case we can say one Special law derogate general law tacitly or anterior law abrogate Posterior law. Because these rules of reconciling between conflicts laws, such as other rules of interpretation, aren’t decisive. Perhaps Ancient Law be concordant whit reasonable Factors so better than new one. Especially in respect of tow conflict section of one statute we cannot say Legislator has repealed one of them by another one. So the significant of legal principles clear to everyone. Only by reasoning in any case we can say one Special law derogate general law or general law abrogate Special one impliedly. Because these rules of Reconciling between conflicts laws, such as other rules of interpretation, aren’t decisive.so they may be justified by legal reasoning and legal principles.
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.
