Yousef Barari Chenari; Mojtaba Jahanian
Abstract
Bill of lading is one of the commercial documents that is used in marine transportation and has gained increasing importance and like other commercial documents such as check, bill of exchange, demand (promissory) note and warehouse receipt enjoys independent legal nature. Considering the importance ...
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Bill of lading is one of the commercial documents that is used in marine transportation and has gained increasing importance and like other commercial documents such as check, bill of exchange, demand (promissory) note and warehouse receipt enjoys independent legal nature. Considering the importance of the marine bill of lading in international trade development, its setting, issuing and contents according to Iran Marine Law and different international conventions and its impact on the level of forthcoming commitments of the sides, is critical. We can point out that including the number of copies of bill of lading and its particular forms in any given person, to remit a certain person and the bearer that the transfer capability of each is different. Contents of bill of lading, terms and phrases, some explicit and some implicit form, also will be mentioned. Explicit and implicit terms of bill of lading are another topic to be discussed in this article.
Hassan Poorbafrani; Rauf Rahimi
Abstract
This article compares Iranian laws about torture with the contents of United Nations Convention against Torture. The common basis for comparison is that both laws of Iran and Convention against Torture identify torture as inhumane practice and contrary to human dignity. But must be acknowledged that ...
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This article compares Iranian laws about torture with the contents of United Nations Convention against Torture. The common basis for comparison is that both laws of Iran and Convention against Torture identify torture as inhumane practice and contrary to human dignity. But must be acknowledged that Iranian laws about torture are narrower than Convention and only have discussed physical and mental torture of direct and did not mention indirect physical and mental torture. On the other hand there are some punishments like retaliation and stoning in Iranian laws that anti-torture committee has described them as torture. But these differences do not mean that there is no similarity between Convention and Iranian Laws. This comparison not only helps recognizing legal obstacles toward the accession of Iran to the United Nation Convention against Torture but also has suggestions to remove these obstacles too.
Mahdi hatami; Fereshteh Sadat Hosseini
Abstract
As the jurisdictional immunity of state’s history shows, the immunity faced to many challenges and changes. With regard to such changes in international customary law, there is no rule based on may waver the jurisdictional immunity of state before other state’s courts, if they committed a ...
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As the jurisdictional immunity of state’s history shows, the immunity faced to many challenges and changes. With regard to such changes in international customary law, there is no rule based on may waver the jurisdictional immunity of state before other state’s courts, if they committed a breach of human right as jus cogens. Italian courts, however, did something unusual and became a frontier in making a new exception on international law. Germany, on 23 December 2008, instituted proceedings against the Italy before the International Court of Justice. Germany stated that Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. Germany v. Italy case was a chance for the International Court of Justice to state its point of view about interaction among human rights, Jus cogens, and state immunity. We’re going to study the opinion and Judgment of the International Court of Justice to know whether the court is going to make international customary law about state immunity stable or help developing it by new exceptions.
Yadollah dadgar; Mirghasem Ghafar Zadeh; Mohammad Ali BagherSad
Abstract
This paper is about to analyze the framework and the shortcomings of copyright system. Rent seeking, limiting the public area, and transaction cost are some debatable issues in this regard. Another topic of this paper is to investigate the advantages of developing copyrights. This includes improving ...
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This paper is about to analyze the framework and the shortcomings of copyright system. Rent seeking, limiting the public area, and transaction cost are some debatable issues in this regard. Another topic of this paper is to investigate the advantages of developing copyrights. This includes improving productivity, commercialization and improving competition. One finding of this article is that generally speaking, the advantages of copyrights would outweigh the disadvantages. The trend of this research is balancing and moderating one in copyrights so it disagrees with both extremist approached. We think that balancing approach is workable and much more efficient in this area.
Shahla Moazami; Saman Siavashi
Abstract
In this research we tried to find the most important reasons of committing robbery. In fact in this research we were about to find which variables have more effect on this crime. The study sample of this study was selected from robbers of in Tehran prisons. A sample of 180 robbers was selected which ...
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In this research we tried to find the most important reasons of committing robbery. In fact in this research we were about to find which variables have more effect on this crime. The study sample of this study was selected from robbers of in Tehran prisons. A sample of 180 robbers was selected which consisted of two groups including 90 persons. The first group was the robbers and the second one, as the control group, consisted of 90 nonviolent thieves. Assessment instrument was Interview and questionnaire. In one hand, the results show that there is correlation between robberies and family disorganization, deviant environment, childhood experiences of violence and humiliation and religious and moral beliefs of the individual. On the other hand, there is no proven relationship between robbery and economic situation.
Mohammad AbdolSaleh Shahnoush Foroushani
Abstract
Once the defendant’s breach of contract has been established, it is often said that the claimant comes under a duty to mitigate his loss. The consequence of the failure to mitigate is that the part of the loss suffered by the claimant which is attributable to the unreasonable action or inaction ...
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Once the defendant’s breach of contract has been established, it is often said that the claimant comes under a duty to mitigate his loss. The consequence of the failure to mitigate is that the part of the loss suffered by the claimant which is attributable to the unreasonable action or inaction of the claimant becomes irrecoverable. The so called duty to mitigate loss comprises two separate functions. First, the claimant must not take any step which unreasonably increases the loss suffered in consequence of the defendant’s breach of contract. This rule only applies to expenses incurred after breach. Other unreasonable acts will be treated as an intervening cause of the harm suffered. Secondly, the claimant must take such reasonable and positive steps as are necessary to minimize the loss he or she suffers. For example, a wrongfully dismissed employee must attempt to find a comparable job, and where a seller fails to deliver goods, the buyer must go into the market to obtain substitute goods. This rule is a rule of common law but it seems that this rule is accepted in Imamieh-feqh. Also its effects may be accepted in Iranian law. This rule is a rule of common law but it seem that this rule is accepted in Imamieh-feqh. Also its effects may be accepted in Iranian law.
Mehdi Sabouripour; Hamed Safaei Atashgah
Abstract
Smuggling of goods and currency, as one of the main concerns in Iran, is a multifaceted phenomenon that causes disruption in the economic and social system and security of the country. Dealing with this problem in the criminal policy of Iran merits due attention. Inadequacy and inefficiency of criminal ...
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Smuggling of goods and currency, as one of the main concerns in Iran, is a multifaceted phenomenon that causes disruption in the economic and social system and security of the country. Dealing with this problem in the criminal policy of Iran merits due attention. Inadequacy and inefficiency of criminal repression leads governmental officials to pay attention to preventative measures. Similarly, the second season of Anti-smuggling of goods and currency Act 2014 in Iran has been dedicated to preventing crimes. Based on the findings of the present study, measures of the Act are about to minimize delinquency through increasing the risks of crime and increasing efforts needed to commit it. As much as Situational Crime Prevention is developed from the traditional to the technological opportunities, the success of these strategies depends on the application of technological tools. The strategy of these measures, of course, faces challenges which are discussed in this article.
Razieh AbdolSamadi; Ahmad HonarDoust; Sedigheh Javan
Abstract
Natural obligations are the concept between the moral obligations and civil obligatins. There is still no precise and comprehensive definition of natural obligation in any legal text. However it could be considered as a concept which is between moral and civil obligations. Furthermore Jurisprudence and ...
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Natural obligations are the concept between the moral obligations and civil obligatins. There is still no precise and comprehensive definition of natural obligation in any legal text. However it could be considered as a concept which is between moral and civil obligations. Furthermore Jurisprudence and legal doctrine still haven't reached to an agreement on the nature and scope of natural obligations. There are a lot of discussions and dialogues on the nature and basis of the natural obligation and all of them endeavour to specify it as a payment of obligation. Investigating the concept of natural obligation from this view could be helpful and worthwile. In this essay, while trying to answer critical questions about natural obligation, we analized the concept of moral obligation more precisely and investigated different aspects of it and its similarities to and differences with natural obligations. The main concern of this article is to answer some fundamental questions about the concept of natural obligation including: can we assume natural obligation as a classic example of moral obligations? Is there any legal boundery between them? Does every natural obligation ensure a moral obligation with it and vice varsa?
Rahim Nobahar; Fatemeh Safari
Abstract
In many cases the main aim of criminalization is to protect the interests of the victims. Ignoring some qualifications in criminalization, however, may result in harm to the victims. This article argues that every single case of criminalization should pass through the filter of the victim’s interest ...
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In many cases the main aim of criminalization is to protect the interests of the victims. Ignoring some qualifications in criminalization, however, may result in harm to the victims. This article argues that every single case of criminalization should pass through the filter of the victim’s interest and expediency. Moreover, in the qualifications of criminalization the victim’s interest should be observed. The victim’s best interest in some cases requires that the lodging of a complaint and its remission to be the victim’s decision and in his/her hand. The qualification of criminalization should also protect the privacy of the victim and his/her confidentiality. The benefits of different kinds of victims, like children and the mentally ills, are not necessarily identical and therefore they may need different types of protection. Refereeing to some kinds of these differences and diversities, the article suggests that the benefits of different classes of victims should be observed in detail and precisely. The article also mentions some defects of the Iranian criminal law system along with some suggestions for improvement of the situation.
