Zeinab Esmati; Hassan Badini
Abstract
Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental ...
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Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental principle such as, Principle of Support, comprisal Principle, Sufficiency Principle, Equality Principle, comprehensiveness Principle. the results of this study indicate that in some cases the issue Some votes in favor of social security law and the lack of knowledge of some judges to social security law principles and adduce to regulations the basic principles of social security are ignored, the issue has led to incorrect votes While there in silence, ambiguous, briefly and sometimes conflicting laws and regulations, including the Social Security Act, deduction, interpretation and enforcement of legal rules has made it difficult, therefore, to review the Social Security Act to fulfill its basic principles، And to publish critical opinions, especially opinions issued by, administrative justice tribunal on the basis of the social security law is necessary; Imperative that the correct procedure in courts and offices of the Administrative Justice Court, the social security organization in support statutes and regulations of the complaint in this Court help.
Ehsan Safian Esfahani; Seyed Mohammad Sadegh Tabatabaei
Abstract
Constructing roads and public parks are among duties of municipalities based on municipal law. In many cases, municipalities are forced to use properties, lands or rights of people on buildings and sources to complete developmental plans. Based on current laws, firstly, the municipality should obtain ...
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Constructing roads and public parks are among duties of municipalities based on municipal law. In many cases, municipalities are forced to use properties, lands or rights of people on buildings and sources to complete developmental plans. Based on current laws, firstly, the municipality should obtain the owner’s consent and then condemn the properties. If there is no agreement, the municipality has the authority to condemn the property based on article 8 of law of land and property condemnation and buying for public, civil and military purposes passed in 2006.
A question is raised here: what is the legal nature of such acquisitions? are the agreements between municipality and owners are subject to general rules of contracts especially free will and sovereignty or they should be categorized as exercise of power by the government ?
The purpose of the current study is to prove that the municipality condemnations are a kind of power exercise by the government and the government has the authority to condemn properties.
Seyed Hamid Shacheragh
Abstract
Advent of industrial revolution in 19th century aside from economic evolutions of developed societies led to change or modification of institutions and concepts of criminal law. Negative response to this question whether in new crimes arising from mechanical and industrial life, should we emphasize on ...
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Advent of industrial revolution in 19th century aside from economic evolutions of developed societies led to change or modification of institutions and concepts of criminal law. Negative response to this question whether in new crimes arising from mechanical and industrial life, should we emphasize on Mens Rea or not , were one of those fundamental changes. Crimination of acts without qualification of Mens Rea whether intentionally or negligently and automatic qualification of Mens Rea without prosecutor duty to prove mental element of crime, was conclusion of discussions. Like civil liability, proving damages, commission of harmful act by accused and establishing causality between these elements sufficed trial and punishment of perpetrator. These crimes called” Strict Liability crimes” or “crimes based on criminal strict liability”. Final result of this paper is that this approach with little scientific support has not been defined by legislator in Iran law.
Ali Ghasemi; Victor Barin Chaharbakhsh
Abstract
A cyber attack represents a novel weapon that has the potential to alter the way state and non-state actors conduct modern war. The unique nature of the threat and the ability for cyberwar practitioners to inflict injury, death, and physical destruction via cyberspace strains traditional definitions ...
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A cyber attack represents a novel weapon that has the potential to alter the way state and non-state actors conduct modern war. The unique nature of the threat and the ability for cyberwar practitioners to inflict injury, death, and physical destruction via cyberspace strains traditional definitions of the use of force.
In this article, cyber attacks conducted by non-state actors will be discussed only for the purpose of determining when they can be attributed to a state.
The main question is whether a cyber attack is an action below the threshold of the use of force, or a use of force, or a use of force amounting to an armed attack. This article has concluded that cyber force, can be qualified as a use of “armed” force in the sense of Article 2 para.4. On the other hand, only large scale cyber attacks on critical infrastructures that result in significant physical damage or human losses comparable to those of an armed attack with conventional weapons would entitle the victim state to invoke self-defense under Article 51of the UN charter. Self-defense would also be possible against a cyber attack that does not reach the threshold of an armed attack but which prepares an imminent armed attack with conventional weapons.
Mohammad Isaee Tafreshi; Mahmood Sadeghi; Mohammad Shah Mohammadi
Abstract
The legislature of our country has enacted quantum meruit for tangible assets and labour profits whereas nothing has been mentioned concerning intellectual property. However remedy has been accepted.
Taking into account the following hesitation as concrete existence of lease contract issue being an ...
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The legislature of our country has enacted quantum meruit for tangible assets and labour profits whereas nothing has been mentioned concerning intellectual property. However remedy has been accepted.
Taking into account the following hesitation as concrete existence of lease contract issue being an asset, unavailability of the same thing including patent due to the condition of being an innovation, we encounter the doubt whether the quantum merit could be applicable. Because 1- If an invention doesn’t enjoy the quality of innovation or is found to be the same as previous invention cannot be registered. 2- In civil law the contract of lease is defined in a way that it is exclusive to tangible assets while intellectual property is not only tangible but also there is doubt if they can be considered as assets.
The contract of license and the royalty for granting a license in the US law solved the above mentioned problems; the reasonable royalty in U.S law is similar to quantum merit. The laws of our country, nevertheless there are a few small differences. As long as there aren’t any certain rules predicted in our country, quantum meruit can be used for patents damage.
Mehrzad Ebdali
Abstract
The subject of Product liability is concerned with collections of the rules in which the producers are treated liable for personal injury or property damage caused by a product during use or consumption. Although in some different legal systems it has been made an effort to discover the legal, economic ...
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The subject of Product liability is concerned with collections of the rules in which the producers are treated liable for personal injury or property damage caused by a product during use or consumption. Although in some different legal systems it has been made an effort to discover the legal, economic and social dimensions of manufacturer`s liability for defective products in traditional context, and in doctrine and legal precedents there have been continuously an analysis of it. But the industrial and legal-economic situations nowadays involve codifying the rules and laws governing on such liability. The article shows that product liability has not developed as far as in Iranian act on production of consumer`s rights as it has in EU product liability directive 1985 and French product liability 1998.
The study of Iranian act of protection of consumer`s rights shows that the concept of consumer has been defined as buyer and manufacturer`s liability for protection of Buyer`s rights is based on contractual liability, but manufacturer`s liability for protection of third persons is based on tort. It is clear that the distinction between them is not correct and the consumer`s rights have not been as protected as necessary.
Aliakbar Gorji; Yunus Fathi
Abstract
Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. ...
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Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. Jurisdiction falls into two types, Statutory and Discretionary power, based on the second one an administrative official is allowed to make a choice and select one of the options that are available, and therefore he can maneuver vastly. Supervision is one of the key topics of public law and supervision on discretionary powers is of utmost importance. In discretionary power, although a public authority has more latitudes, but it does not mean arbitrary decision making.
So the crucial point in application of selective jurisdictions, despite the power of public authority to make a choice is the matter of qualification of supervision on these kinds of jurisdictions.
In this paper through studying of the notion of selective jurisdictions and methodes of supervision them, we jump to this conclusion that the power of public authority to make a choice in selective jurisdiction does not contradict with the issue of supervision on them.
