Ahmadreza Tohidi; Mahnaz Rashidi
Abstract
Independence and impartiality of the proceedings generally used as a principle and largely overlap together. However, this two terms don’t have the same meaning.Independence in international proceedings means lack of subordination to and freedom of influence of courts and proceedings from external ...
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Independence and impartiality of the proceedings generally used as a principle and largely overlap together. However, this two terms don’t have the same meaning.Independence in international proceedings means lack of subordination to and freedom of influence of courts and proceedings from external pressures and factors, including States, international organizations, powerful persons and etc. This concept in internal system emerges from seperation of powers Montesquieu´s theory and implies that the executive can´t influence on judiciary. But, impartiality measns lack of bias and lack of prejudice in favour of one party of the proceedings and, independence is one of the factors that supply impartiality. This principle in the international criminal courts has always been known as one of the most important principles of justice and theses courts tried, whether in their statutes and their jurisprudence, in order to legitimacy of proceedings and structures, as much as possible ensure implementation of these principles. Studying Procedures of international criminal courts including international tribunal for Rowanda, international criminal tribunal for the former Yugoslavia, special court for Sierra leone and international criminal court gives a good criterion for identifying violations of the independence and impartiality that is the detection of violations in view of “reasonable observer, properly informed” and the gross effect on the accused´s right to a fair trial. Also in proceedings, in general, independence and impartiality are principle and those who claim contrary to it, should provide strong reasons to prove it.
Abbas Karimi; Mohsen Saeedinia
Abstract
The litigations resulting from a crime may be categorized in two categories of private and public suits. One of the most significant issues in such suits is the recognition of parties to them. A public suit is lodged by the public prosecutor against a defendant. The private suit is, however, made by ...
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The litigations resulting from a crime may be categorized in two categories of private and public suits. One of the most significant issues in such suits is the recognition of parties to them. A public suit is lodged by the public prosecutor against a defendant. The private suit is, however, made by persons whose beneficiary status may not be determined as simply as expected. The main issue of this paper is to recognize the persons along with the victim to have the right to lodge a case in line with the observance of civil procedure rules and regulations. May legal entities other than real entities, lodge a private suit before criminal courts? In addition, which damages mentioned under the 2014 Criminal Procedure Code may be claimed by such persons? In the legal system of the most countries like, France, in addition to victim, the others can suit a private case. This Suit can transform voluntarily or forcibly. Then, successors such as heirs, insurer and transferee and those who have been hurt directly from crime can suit this case. Studies show that the regulations of Iran in this area suffer from scattering, incoherence and legal vacuum. In this regard, it is suggested that in view of the other countries' law and regulations, the regulations in this area would been consistent and some rules approved about promoting the protection of claimants in private suit resulting from crime; because various rules and laws governing such suits, along with conflicting precedents have led to some implications on the issues of the private suit resulting from a crime under the Iranian legal system, made judges confused.
MohammadJafar HabibZadeh; Valiyollah Sadeghi
Abstract
Some special defending rights have been recognized to make certain that trial process would be fair for someone who has been entered judicial cycle because of accusation of a crime. These can be called "human justice rights". Included in is not to be respondent or right to silence when asked by a judge ...
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Some special defending rights have been recognized to make certain that trial process would be fair for someone who has been entered judicial cycle because of accusation of a crime. These can be called "human justice rights". Included in is not to be respondent or right to silence when asked by a judge that in practice there are some worries about the degree to which an accused can benefit from his/her right and widespread criticism of the government’s absolute acceptance of this right. Somehow, this worry has been reflected in criminal procedure and new Criminal Procedure Act. In this article, we tried to explain not only concepts, types and accreditation basis, but also attitude to this right in international documents as well as in internal laws. Also included in are "wise discontinuation of silence" mechanisms so as to terminate silence through mechanisms like attention to criminal past history, to logical reasons of silence, to evidence, to victims as well as to encouragement.
Ghasem Mohammadi; Morteza Jamali
Abstract
Compensation methods should be coordinated with losses, so that the balance lost as a result of the breach of the contract can be restored. This purpose could not be reached by limiting the methods of compensation. There must be a wide range of compensation methods available to judge to choose the most ...
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Compensation methods should be coordinated with losses, so that the balance lost as a result of the breach of the contract can be restored. This purpose could not be reached by limiting the methods of compensation. There must be a wide range of compensation methods available to judge to choose the most appropriate one from them. One of the most effective compensation methods is to order the execution of the void contract. It can be understood from analysis of different aspects of this topic that this method, if properly used, can repair the loss in one hand and is proportionate to the harm in another hand. In this paper, this method of compensation is deeply scrutinized; important examples of it are provided and finally it is regulated as an efficient way of compensation.
Masoumeh Mazaheri; Nayereh Porrasol
Abstract
The use of adjuvant therapies for overcoming infertility has increased as the result of prominent scientific advances in medical sphere. A new method to treating infertility is surrogacy. It's necessary, when the couple has all factors that affect fertility, but due to the lack of a healthy uterus, they ...
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The use of adjuvant therapies for overcoming infertility has increased as the result of prominent scientific advances in medical sphere. A new method to treating infertility is surrogacy. It's necessary, when the couple has all factors that affect fertility, but due to the lack of a healthy uterus, they are deprived of having children. But this new-emerging phenomenon, like other scientific achievements, has broad religious and legal dimensions which will be required attention and clarification. Confusion in the nature of the surrogacy, are some of challenges that always have attracted thinkers. Hence, by adapting the nature of this contract to certain contracts that have a similar structure, it was clear that surrogacy contract is formed by a set of obligations, so that all the obligations cannot be raised from a contract. This contract should be included in indefinite contracts and Article 10 of the Civil Code by utilizing principles of sovereignty of the will and freedom of contracts.
Mostafa Nasiri; Roghayeh Molazehi
Abstract
Factoring is a method of financing which typically accelerates the process of receiving funds for short-term claims. Within this mechanism the supplier of goods or services on credit terms may sell its claims to a factor at a discounted price. while in most countries it is the assignment of ...
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Factoring is a method of financing which typically accelerates the process of receiving funds for short-term claims. Within this mechanism the supplier of goods or services on credit terms may sell its claims to a factor at a discounted price. while in most countries it is the assignment of receivables that provides the underlying legal basis for factoring transactions, the procedures whereby such assignments are effected and the rules which govern the different aspects of them differ considerably, , to reduce such uncertainties and to promote international trade, the UNIDROIT adopted the Convention on International Factoring (“Ottawa Convention”). As a result of its innovation in giving choice to the factor in performing at least two out of the four common factoring functions, (unlike the traditional factoring), the legal nature of international factoring transactions governed by this convention, is not always limited to the institution of assignment of entitlements.
Asadollah Yavari; Mohammadghasem Tangestani
Abstract
Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this ...
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Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this branch and performance of its authorities in administering of it and executing relevant laws. Here, Judiciary is seen as an organization has some of the state responsibilities. With attention to importance of maintaining judicial independence, mechanisms of judicial accountability have been concentrated. In this essay, we illustrate the concept of judicial independence and accountability, mechanisms of accountability of judiciary in comparative law and legal situation of judicial independence and accountability in Iran.
