Anvar Ahmadi
Abstract
Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative ...
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Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative competence. This situation that required to resolving the vagueness of its dispute settlement procedure has not concerned in 2008 act about CRC and caused some difficulties on the possibility or non-possibility of attack on its or public tribunal judgments which later is rendered after appeal such as revision and tired persons apposition. This is the subject of this paper. This situation has been analyzed on its recent draft.
Fatemeh Ghanad; Masoud Akbari
Abstract
Accepting criminal responsibility for legal persons is a matter of consideration in most legal systems and is not incorporated in enactments. There is some barriers concerning to this matter which relate to traditional goals of criminology and fundamental principles of criminal law. ...
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Accepting criminal responsibility for legal persons is a matter of consideration in most legal systems and is not incorporated in enactments. There is some barriers concerning to this matter which relate to traditional goals of criminology and fundamental principles of criminal law. Legal persons have exclusionary and limited legal capacity and they continue their activities in order to support the rights of the creditors. There is a fundamental question here in relation to the possibility of imposing punishment to them in settlement period. There is no answer in behalf of legislator, so considering restrict interpretation giving answer to this question is a serious challenge. All these matters will be examined in this article.
Ali Saatchi; Sourosh Seyedian Hashemi
Abstract
Civil liability of air carrier have international and domestic aspects. Although according to Article 19 of Warsaw and Montreal convention"", there is no clear definition of delay in both conventions and recoverable damages and remedies as well. Also, Iranian legislator point of view is debatable and ...
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Civil liability of air carrier have international and domestic aspects. Although according to Article 19 of Warsaw and Montreal convention"", there is no clear definition of delay in both conventions and recoverable damages and remedies as well. Also, Iranian legislator point of view is debatable and it is not clear which provisions are applicable,therefore genral rules of responsibility are applicable here. Moreover, passengers, due to lack of special provisions, have many difficulty, that clearly, is in opposite to principle of providing more rights for passengers. In this contribution, concept of delay and recoverable damages in light of international case law and legal doctrine are examined, and position of Iranian legislator in domestic flights are analyzed to find an appropriate solution comparatively.
Mohammad Jafar Habibzadeh; Mohsen Sharifi
Abstract
Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including ...
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Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including rehabilitation (legal, judicial and real) in order to prevent the crime repetition and to provide these actives with an open socialization process. The rehabilitation strategy which is rooted in the France Penal Law was adopted by the Iranian lawmaker in 1925, along with its defects. In 1973 the defects were nearly overcome. After the Islamic Revolution the strategy was nullified; since it was announced as non–religious by the supreme Judicial Council. Therefore, a considerable gap was appeared in the country's penal law. Then under the pressure of the positive and realistic criticisms of the lawyers and criminologists, the law maker revived the rehabilitation in 1998 as in the form of the repetitious article 62 of the Islamic Penal Law. The stance taken by the law is appreciable; however it has some essential defects. Now the Islamic Penal proposal has devoted its 25 and 26 articles (with some changes) to this problem whose comparison with the earlier regulations is the main purpose of this paper.
Sakineh Karami
Abstract
Nowadays imposing unfair terms on weak contracting party by strong party especially in consumer contracts is an undeniable fact. In foreign law primarily courts interfered in benefit of the weak party and by assistance of interpretative techniques used the capacity of general prenciples of contracts ...
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Nowadays imposing unfair terms on weak contracting party by strong party especially in consumer contracts is an undeniable fact. In foreign law primarily courts interfered in benefit of the weak party and by assistance of interpretative techniques used the capacity of general prenciples of contracts to confront those terms and in the next step the approach of protecting consumer against unfair terms was followed by legislators. Now consumer code of most countries has a part for control of unfair terms that defines some contract terms as unfair and declare them invalid.but unforchonatly in iran the consumer protection code has not such regulations.so in this circumstances of legislative vacumm and considering the necessity of intervention, the only solution is judicial control. the study of techniques that courts have utilized to confronting these terms in the other countries shows that minimal tools which is necessary for this control is also available in the iran law.the most important legal tool that seems iranian courts can use for confronting unfair terms is the concept of public policy(article 975 of Civil Code)
Farid Mohseni; Nasir Malakooti
Abstract
Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil ...
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Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil liabilities as to the concept of causation. Thus, in area of former, causation must be analyzed through criminal methodology. This is given to the fact the each area of liabilities has its own means and necessities and therefore each type can only be reviewed on the basis of each respective structure. While, it is accepted that compensation would be a consequence of bearing criminal liability, invoking criminal liability is based on standards sourced from criminal principals. This paper will endeavor to provide a comprehensive criminal overview of the causation, its elements, norms as well as challenges of such essential element of criminal liability in light of Islamic thoughts, judicial verdicts and criminal legislations, particularly the new Islamic Penalty Code ratified in 1392 .
