Private Law
Ali Asgaritavani; Hasan Mohseni; mohammad ali mahdavi sabet; Mansoor Amini
Abstract
The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due ...
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The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due to the compliance of the legal authority with the criminal verdict. However, the question is "to what extent" and "in which condition"? In Article 18 of the Code of Criminal Procedure, the legislature only mentions the phrase "effective" criminal verdict on a law. While the phrase is not clear and should be analyzed by studying the elements of the criminal verdict. In this article, by mentioning the principles, characteristics, conditions and effects of the rule of validity of the final criminal case in civil law in the legal system of Iran and France, we explain the superiority of criminal law over civil law by mentioning the votes. Finally, we make the exception of the fact that the third party is the victim of the criminal verdict and the buyer of the property in the transaction intends to flee from the debt. The research method is based on a descriptive-analytical and applied method (judicial procedure). The main result is to prove the existence of the right of the third party affected by this rule.
Private Law
Parviz Bagheri
Abstract
“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange ...
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“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange of information is a mechanism that arranges between the courts and beneficiary parties in the cases of the courts. This mechanism can promote the job satisfactory of judges, staff and parties. Mechanisms such as VCS, QMS, CMC and CAP are among the ways used by the legal system of many countries such as Malaysia, while the Iranian legal system has been partly failed to utilize such mechanisms. The present research through critical analysis method, tries to compare the two Iranian and Malaysian legal systems in using the e-court and legally scrutinizes the existed and future challenges of the green court application and gives some commentaries and suggestions.
International Law
Majid Ghamami; Aliasghar Saneian
Abstract
If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court ...
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If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court in another country shall be recognized or enforced if such agreement is valid under the law of the court of foreign judgment. The method of this article is analytical-descriptive and its result shows that such an agreement is generally neither contrary to public judicial policy nor contrary to the rules of internal civil procedure in determining the jurisdiction of courts, unless the agreement is not valid in terms of law (unlawful), such as the choice of court agreement is the case in the exclusive jurisdiction of another courts of country. Also, if this agreement has been concluded fraudulently or unfairly or by fraud, then it is not valid. Plus, if the chosen court of the two parties is not related to the elements of the dispute, the court can, due to the lack of a reasonable and legitimate interest and to avoid imposing court costs on its respective country, consider such jurisdiction invalid and refuse to hear the case; But if the judgment is issued, recognition and enforcement of it in abroad, depends on the court's opinion of the legitimacy of this type of agreement.
Private Law
Behnam Habibi
Abstract
Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution ...
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Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution with the necessity of qualitative access to the judiciary, all make it possible to reach the efficiency of the judicial system. Meanwhile the need for quantitative access to the judiciary on the basis of judicial review and compliance with the principle of proportionality approach will lead to a standard judiciary system. The principle of access to justice has three fundamental indicators. The principle of easy access, which includes access to the rules of procedure and objective access to the judicial system. The principle of quick access, which relies on digital economy and information and communication technology, is driven by electronic justice. The principle of cheap access also seeks to balance the cost of litigation in the macro perspective. There are three criteria and sub-indicators in this principle which include the system of judicial assistance, both public and private, the law enforcement agency and the litigation insurance system. In the present paper, with a focus on the economics of justice and in a comparative approach, while recognizing the concept of the principle of cheap access to the Judiciary, from two legal and economic perspectives during scientific discussions, the following three sub-indicators will be discussed.
Private Law
Mahdi Hassanzadeh; Badie fathi
Abstract
The rules of jurisdiction are regulated based on primary and secondary provisions. In primary rules of jurisdiction, the general framework for determining competence criteria is presented but the application of these regulations alone cannot meet the purpose pursued by the rules of jurisdiction. Therefore, ...
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The rules of jurisdiction are regulated based on primary and secondary provisions. In primary rules of jurisdiction, the general framework for determining competence criteria is presented but the application of these regulations alone cannot meet the purpose pursued by the rules of jurisdiction. Therefore, by virtue of the application of these regulations, effective and appropriate competence will not be obtained; for this reason, secondary rules of jurisdiction play a critical role. Connectivity of claims is one of the secondary regulations of jurisdiction which will be affected by the relative jurisdiction and eventually lead to the development of the jurisdiction of the Supreme Court. In the French civil procedure, the relative jurisdiction of development is different from that of Iran. The focus of this research is that “What are the effects of connectivity of claims on relative jurisdiction in civil procedure of both Iran and France?”, “What are the exclusions of the primary jurisdiction rules”?
Private Law
mina kavyani; nejadali almasi
Abstract
Publishing literatures and artworks under copyright protection in the internet and the possibility of widespread infringement of these rights by millions of internet users all over the world, raises this important question that “Which law would be applicable in conflict of two or more laws?” ...
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Publishing literatures and artworks under copyright protection in the internet and the possibility of widespread infringement of these rights by millions of internet users all over the world, raises this important question that “Which law would be applicable in conflict of two or more laws?” In addition, “In determination of governing law in copyright infringement in cyberspace, are traditional conflict of laws rules still applicable or new rules are needed in this area”? This article studies the issue by the separation of two assumptions of agreement and disagreement on applicable law in contractual and non-contractual infringement of copyright in cyberspace. In contractual infringement, which has the agreement on the governing law, the procedure of most of the countries and international conventions is, acceptance of principle of will. In contractual infringement in absence of agreement on governing law, different criteria have been adopted which the most important one of them is applying the law of the country which has the closest relation with the contract. In non-contractual infringement which has been agreed on governing law, there are two general viewpoints between lawyers, countries and international regulations. Some don’t accept the principle of will because of the connection of torts with public discipline and others recognize rule of will in determination of the governing law before and after the loss. Finally in assumption of disagreement in non-contractual infringement, which is the most common kind of infringement of these right in cyberspace, among different theories (including Lex Fori, Lex Loci Delicti, Lex Loci Protectionis) the theory of the law of the closest country, has been suggested as the most appropriate solution in order to determine the governing law.
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
Private Law
Abdolvahid Zahedi; samira sargezi
Abstract
Abstract In the current legal system, despite the fact that for many years has been found the importance of procedure of proceedings to be in the strict sense of the law; But the legislator has not yet accepted that these two types of law have the same significance. On the basis of this refusal, Violations ...
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Abstract In the current legal system, despite the fact that for many years has been found the importance of procedure of proceedings to be in the strict sense of the law; But the legislator has not yet accepted that these two types of law have the same significance. On the basis of this refusal, Violations of the substantive rights always invalidate the verdict of the court, but violations of the procedural rights invalidate the verdict of the court when they are of such importance as to invalidate the vote. But there is a question, what are these high-ranking ceremonies? can be used Various criteria to identify these principles. However, the criterion of effective criminal procedure is more consistent with the current law and the former laws, while the criterion of the basic principles of the proceedings is more in line with the objectives of the criminal procedure.Key words: Principles of procedure, procedural procedures, Principles with high degree of importance, effective criminal procedure
