Private Law
Amirhosseyn Alizadeh; Mohammadbaqer Parsapoor
Abstract
The process of acquisition of land in English and Iranian law takes place under a specific procedure that may be questioned for validity. One type of the examining of objection is judicial review, which is high supervisory, will be applied in such manner that all actions will be in accordance with the ...
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The process of acquisition of land in English and Iranian law takes place under a specific procedure that may be questioned for validity. One type of the examining of objection is judicial review, which is high supervisory, will be applied in such manner that all actions will be in accordance with the elements that are necessary for acquisition. The source of the judicial review is different between English jurisprudence, so three views have been put forward on the subject that compilation of ultra vires doctrine with common law, has excelled. But in Iran, despite judicial precedent effort, the law-based view remains dominant. The English judicial precedent has also taken appropriate steps in the development of this theory in the law of acquisition of land and has outlined various ways in motives of judicial review; substantive ultra vires and procedural ultra vires, infringement human rights, legitimate expectation, natural justice, proportionality, unreasonableness. However, the English judicial precedent has made some exceptions as general policies of the country. The major of decisions in judicial review in acquisition of land, are in the form of quash. However, there are some cases in the English judicial precedent that have been cited another decision.
Public Law
mohammad amin abrishami rad; sajad jalali
Abstract
According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained ...
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According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained the status and competencies of this headquarters in the political and legal system of the Islamic Republic of Iran and has identified and analyzed the challenges of this headquarters. Based on the findings of this study, the Human Rights Headquarters can only be identified as a sub-council under the Supreme National Security Council, which therefore, unlike the structure of this headquarters, which is under the judiciary, this headquarters has a multi-faceted status. Of course, the non-approval of the job description of this headquarters by the parliament is one of the most important challenges facing this headquarters, which due to its contradiction with the explicitness of Article 176 of the Constitution, has compromised the compliance of its decisions with legal standards. Therefore, it is necessary for the parliament to determine the competencies of this headquarters.
Criminal Law
afsaneh zamani jabbari; Mahmood Saber; Doraid Mousavi Mojab
Abstract
for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this ...
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for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this approach have previously been taken only on a case-by-case basis in scattered laws and regulations, until a more serious look was taken with the passage of the aforementioned article. Despite this positive action, some challenges have led to a lack of full utilization of its capabilities and capabilities. The purpose of this paper is to design a conceptual model of the existing challenges and pathologies of Article 114 of the Criminal procedure code. The approach of this research is qualitative-exploratory. The paper concludes that there are fundamental challenges in the three categories of legislative, judicial, and executive. In the legislative category, the sub-categories of Deficiencies in the principles of a fair trial (Includes Measures nature ambiguity, lack of effective judicial Supervision, the uncertainty of the scope of the measures, Non-assignment of periodic reviews), ambiguous basic concepts, the lack of basic characteristics in dangerous attainment. In the judiciary category, the sub-categories of maximum-minimum perceptions, the conflict of rights and freedoms of activities with the public interest;, and In the Executive category, the sub-categories of the lack of necessary mechanisms; The unpredictability of effective implementation strategies and economic consequences can be examined. The conceptual model of the pathology of Article 114 of Criminal procedure code is also designed and presented on this basis.
Public Law
ali mohammad fallahzadeh; mohammad najafi kalyani
Abstract
Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in ...
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Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in cities in 2009 and the formation of the "Article 7 commission", the court's inappropriate procedure in identifying the "article 12 commission of the land-urban law" as a competent authority for recognition the garden was refurbished. In contrast, and because of misinterpretations of the governing laws, one of the issues that have overlooked by the judges was the attention to characteristics of the "garden" and its nature. The present text deals with the court's different and sometimes divergent procedures on the above issues. Also, the nature of article 7 commission and its decisions to identify the competent authority to overseeing them, as well as the decision-making authority for changing the use of gardens, are other issues besides identifying the competent authority to identify the garden, that form the main concern of this article.
Public Law
Baqer Ansari
Abstract
Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content ...
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Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content and how can it be protected and realised?" This article, based on the desk research method, by studying international and regional instruments and interpretations, national legislative administrative and judicial practices and legal scholars' viewpoints, has concluded that the existence of this right is known as the dominant view but, its content still remains disputable. Nevertheless, the right to connect to the Internet, the principle of neutrality, the right to anonymity, the right to use encryption technology and the right to secure and transparent Internet can be recognized as the main elements of this right. Also, this right is mainly formal and structural in nature. In other words, it's about the principle of Internet access, not the content that is exchanged as a result of access.
Public Law
Mohammad Hasanvand; mina akbari
Abstract
The high-standing status of the written law in Iran's legal system has been manifested as an obvious and unchangeable affair in the ideas of legal thinkers. However, in the field of administrative law, particularly the law of employment, causes such as politically affected legislative system and non-pursuit ...
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The high-standing status of the written law in Iran's legal system has been manifested as an obvious and unchangeable affair in the ideas of legal thinkers. However, in the field of administrative law, particularly the law of employment, causes such as politically affected legislative system and non-pursuit of scientific and specialized ideas as well as repeated alterations of administrative rules have triggered unstable, dispersive, contradictory and cumulative rules to appear in this field, leading to inefficiency of rules. Law has been weak to play its inherent role as a predictable, regulative and decisive source and has followed diversified procedures of administrative authorities and branches of the Administrative Court of Justice. Among the other things, judges of the Administrative Court of Justice as administrative justice for obligating their adjudication and resolution of cases, have this ability to deal with this inefficiency while acting as judge of the branch, and members of specialized bodies and public bodies. The present paper has aimed to prove the mentioned claim, firstly by describing and naming applications of such laws and secondly by analyzing rules and ideas of the Administrative Court of Justice. The inefficiency of the legislative system in this area and the issuance of judicial rulings in the Administrative Court of Justice have implicitly identified the customary role of judicial regulation for the Court of Administrative Justice and somewhat similar to the position of the Supreme Court in the common law system. It has also promoted the status of the judiciary as the main source in Iran's administrative law system, such as the customary law system. However, the law itself is the first source of Administrative Law in Iran's Legal system.
Criminal Law
vali rostami; Sina Rostami; Hasan Kabgani
Abstract
The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be ...
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The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be fully in line with the principles of fair trial enshrined in the constitution. Because by reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 2013, one may easily realise that some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, it seems necessary to analyze the existing conflicts as well as to examine the possibility for court judges to invoke the constitution, as well as the non-implementation of legal articles contrary to the principles of the constitution. The present study uses a descriptive-analytical method to measure the compliance of ordinary laws related to the principles of superior proceedings and in case of changes and non-compliance, to describe the guarantee of implementation of these discrepancies. The results indicate that the Code of Criminal Procedure, passed in 2013, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press crimes, the principles related to the separation of powers and other cases, still contain sentences contrary to the spirit of the Constitution.
Private Law
Amirhosseyn Alizadeh; Mohammadbagher Parsapour
Abstract
In order to implement public projects which are carried out by the executive systems, apart from the ownership, the owners of the property in these projects' realm may be affected by the implementation of public projects. The question is whether the executive system can be held liable for such damages? ...
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In order to implement public projects which are carried out by the executive systems, apart from the ownership, the owners of the property in these projects' realm may be affected by the implementation of public projects. The question is whether the executive system can be held liable for such damages? This is one of the most important issues in many countries, which has sometimes been overlooked. In the present article, this issue has been studied in an analytical and comparative manner in the Iranian judicial procedure. In general, British law's spoken about three types of damages: damages resulting from the ownership of a part of the property; damages resulting from the type of work and exploitation of the project and damages resulting from the deprivation (disturbance) of rights. Determining the compensation in the first case is done on the base of three rules of concurrent value or value reduction and the rule of before and after, and in the second case is based on the method of payment of damages in the scope of civil liability and in the third case, is based on the evaluation of relocation costs or completion of business activities. Iranian law and judicial precedent have no corresponding rules regarding the damages of the first and second types, and the judicial procedure does not provide a clear criterion for damages of the third type. In some cases, determining the compensation is subject to the agreement of the parties or to the extent of definite damages. However, it seems that in Iranian law, based on accepted rules and principles, it's possible to provide acceptable justification for the application of rules in British law.
Private Law
Hassan Badini; behnam shekoohi
Abstract
Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture ...
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Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture and industrial investment approved in the 2008, and Correcting law of impediment to competitive manufacture and improvement in the financial system with regard to the role of above-mentioned contract in the 2015, procedural and formality of its standards are in doubt. This article has gone over the various standpoints which is related to this issue in a descriptive-analytic and comparative way. Given the outcome, we make out that the formulation of indenture has been just influential in the proof step. Judicial precedent and the lack of anticipation of related sanctions leads to reinforcement of the latter statement. However, the evidence, that proves the litigations of Labour relationship is anticipated in the By-law of Labour Procedure approved 2012, There is no references of testimony and oath as a reason of specific significance. In French Law, there is no conclusive evidence, therefore, according to Civil Law, all the evidence is acceptable; as regard the Case-Law and the protective nature of the Labour Code towards labourer, it is accepted in our Law.
Criminal Law
HOJAT NAJARZADEH AHARI; Mohammad Ali Ardebili; Nasrin Mehra; Mohammadali Mahdavi
Abstract
The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity ...
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The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity for governments. More than that the prevention of corruption directly relates to the legitimacy of each country’s political systems. Meanwhile monitoring the property of public officials is one of the tools of preventing and combating corruption in most countries. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of these crimes. Yet the best solution for overcoming this problem is to focus on the property of the officials. In line with global developments and the desire to keep up with the means of fighting with corruption, laws have been passed in Iran to stand against corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved by The Nation’s Exigency Council in1394 is one of the results. The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctioned. In short, the accepted standards of developed countries in combating against corruption are not included in the Iranian Law, and the need to resolve and correct the weaknesses of the law is strongly felt.
Private Law
saeed habiba; zahra shooshtari
Abstract
Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” ...
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Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” are used as the ways to escape from being defeated. Given the ambiguity of the concepts of public order and arbitrability, especially in intellectual property law, and the differing views of other countries on these issues, we sought to examine what is the relationship between the concept of public order and arbitrability in the intellectual property disputes referred to arbitration. The result was that there was a split. Some have supported the theory of conformity of public order and inarbitrability. In contrast, other writers have arguments about the fundamental difference between the two.
Public Law
Mghasem Tanghestani
Abstract
The Statute is the most important source of Law in countries with civil law system. Understanding the nature of the statute and its differences from similar concepts such as “policy” is a requisite of comprehension for legal and judicial systems and holds an effective role in creation of ...
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The Statute is the most important source of Law in countries with civil law system. Understanding the nature of the statute and its differences from similar concepts such as “policy” is a requisite of comprehension for legal and judicial systems and holds an effective role in creation of legal norms and applying them. There are different experts in the field of law like, judicial sciences, public policy making, social sciences, economy, linguistics and etc. all taking role in policy making process, especially judicial policy making. But the question is “What is the nature of legislation?” “What is the role of law in forming the statute?”, “What is the specific nature of a judicial bill” and “What is the role of the judiciary in judicial policy-making”? The sovereignty of state is applied by different political bodies and powers. Systematic cooperation of governmental bodies (Including the judiciary) in doing their duties is a requisite of good governance. Several state bodies take part in process of ratification of the statute. Desirable function of the statute depends on proper functioning of competent institutions in the policy cycle. The question which will be discussed here is that “What is the role of judiciary in judicial policy making process?” In this research, by descriptive-analytical method and using library and web resources we will try to answer the mentioned questions. According to the findings of this study primarily, legislation is a political act. In the process of judicial policy making, law has both a reinforcing role and a limiting role; the role of the judiciary is also important in the various stages of that process (from problem identification to evaluation and providing corrective solutions).
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.
Public Law
mohsen dehghan; vali rostami
Abstract
Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of ...
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Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.
Public Law
Abdolmajid Soudmandi
Abstract
"Reasonableness and legality of judicial decisions" is one of the most accepted legal principles governing judicial and quasi-judicial institutions and it can be assumed a result of presumption of innocence and a precondition of justice in judicial settlement of disputes. This rule has always not only ...
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"Reasonableness and legality of judicial decisions" is one of the most accepted legal principles governing judicial and quasi-judicial institutions and it can be assumed a result of presumption of innocence and a precondition of justice in judicial settlement of disputes. This rule has always not only been part of Iran's Acts of procedure, but principle 78 of amendment to the Constitutionalism Constitution and principle 166 of the Islamic Republic of Iran' Constitution also have emphasized on it. Hence, it is obvious that Administrative Justice Court as a judicial institution established by the Islamic Republic of Iran's Constitution is subject to this rule.In this paper, we study the adherence of the General Board of Administrative Justice Court to this rule and discuss, in an analytical way, some cases of violation of the above rule by General Board of Administrative Justice Court in invoking legislative Acts, and it would be seen that this violation is in three forms: "defects in legal documentation and legal arguments", "failure to invoke a specific Act" and "failure to invoke specific articles of Acts". The study also reveals that two major consequences of this violation is "issuing wrong or doubtful decisions" and "adoption of regulations similar to previous revoked regulations". Hence, given that the General Board of Administrative Justice Court is the unique referee for complaint of regulations and its decisions are not supervised by any other institution, it can rightly be expected that it try harder for precise observance of this rule; in particular, given that the consequences of wrong decisions of it, Contrary to decisions of other judicial bodies, in revocation or not revocation of regulations is not confined to the complainant but can affect a large group of people.
Public Law
ali mohammad fallahzadeh; mahya kamrani
Abstract
Fair trial is the one of the most important discourses discussed in legal literature that Seeks to achievement to the good legal and judicial system that maintain rights and freedoms of individuals in the best possible way and was able to fulfill justice in all areas. Administrative justice are not exception ...
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Fair trial is the one of the most important discourses discussed in legal literature that Seeks to achievement to the good legal and judicial system that maintain rights and freedoms of individuals in the best possible way and was able to fulfill justice in all areas. Administrative justice are not exception And must be under the norms and principles of a fair trial. This article, has studies this issue with emphasis on the procedure of Supreme Audit Court Act 2013 ratified by The General Assembly of this court with analytical and descriptive approach using legal resources, particularly related acts. The findings in addition to questioned the competence of the general assembly of the court in impose regulations, implies the existence of some deficiencies in the above regulation. several principles of a fair trial in these regulations has been neglected that can lead to the violation of rights of the accused in the Judiciary Boards and points out the legislative parliament in this regard.
Public Law
ayat moulaee; behrouz saadatii rad
Abstract
One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce ...
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One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce citizens' rights, reduces government power. The purpose of judicial supervision is the handling of complaints and petition by people from executive agencies. Islamic development Organization as one of the Revolotionary institutions, this can not be excluded for the power of public authority.In the present paper, using descriptive-analytic research method, this question has been raise: What are the problems of judicial supervision over revolutionary institutions with emphasis on Islamic Development Organization? In response to this question, the Judicial supervision on the Islamic development organization The Administrative court and the public Courts have been discussed in two ways and this is the conclusion: The judicial review on this organization is subject to limitations. The dichotomy of the legal personality of this organization needs to be explained; because it has causesed some problems in the administrative law system and judicial review of the organization.
Public Law
moslem Aghaei
Abstract
One of the great problems of our society from the very beginning of the legislation in Iran in 1906 until now which passes more than one hundred years is that of law and legislation. Among these problems, the management of the massive volume of the laws and regulations is still a problem that needs consideration. ...
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One of the great problems of our society from the very beginning of the legislation in Iran in 1906 until now which passes more than one hundred years is that of law and legislation. Among these problems, the management of the massive volume of the laws and regulations is still a problem that needs consideration. The legislative inflation is so much that even lawyers confront difficulties in finding applicable rules. Though different attempts have been made since 1960s to manage the legislative inflation in Iran and two laws are enacted in 1971 and 2010 in this respect, but much of these efforts belong to the depuration and not codification. Depuration that means to recognize and remove repealed laws and regulations and to do some minor edits on them, is a part of the codification in its formal sense that is fulfilled in some countries such as United States, France and Argentina. The main purpose of the codification is to consolidate all existing laws (and regulations) regarding a given subject in a single text with a unified and comprehensive structure and to locate all articles and sub-articles in their proper place in this structure. In this sense, formal codification goes beyond the mere depuration. The research method is descriptive and analytic.
Public Law
Alireza Dabirnia
Abstract
AbstractOn the one hand, existence of any ambiguity in explaining the status of development program rules in Iranian legal system, may bring this assumption to mind that some of the acts of parliament have a dominant position in relation to other laws. This assumption is reinforced when the program rules ...
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AbstractOn the one hand, existence of any ambiguity in explaining the status of development program rules in Iranian legal system, may bring this assumption to mind that some of the acts of parliament have a dominant position in relation to other laws. This assumption is reinforced when the program rules is recognized as a supreme law in some procedures. In this situation, a legal issue arises; Privileged status under the constitution is not recognised but actually the hierarchy of laws in Iran's legal system, faced with a fundamental change. When the set of rules have a single unit in the Iranian legal system, how can recognized and extend the feature's constitution and its consequences to an ordinary law, even if parliament approve it under the program rules?On the other hand, it is possible when we determine the top position for program rules, certainly impose the specific format and limitation of legislative initiative to parliament. When a program rules impose to forces, It is possible that the most important duties of government institutions be affected by the program rules and some of the duties that explicitly stated in the constitution, run out priorities.
Public Law
Assadollah Yavari; Yousef Bagheri
Abstract
Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. ...
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Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. This limitation has made some challenges, in particular, in the field of international trade and investment. One of the ways for overcoming these challenges is to know when to take the permission for referral of the claim to arbitration regarding properties mentioned in the Principle 139. The time of the conclusion of the contract or inclusion of arbitration clause in the contract is not significant. This article tried, in a descriptive-analytical method, to justify that the time of taking permission for referral of the claims stated in the Principle 139 to arbitration is from the happening of dispute to the final phase of arbitration process and the execution of the award not the time of the conclusion of the contract. Key Words: Arbitration, Principle 139, Public and governmental properties, Claim, the Time of Taking Permission for Referral of the Claim to Arbitration
