Nejadali Almasi; seyyed hossein asadi
Abstract
The right to sue the court is based on the jurisdiction of the judicial authority. This jurisdiction may be created simultaneously for more than one court in more than one country. In the statutes, there are cases that due to the impossibility of implementing the rules related to local jurisdiction and, ...
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The right to sue the court is based on the jurisdiction of the judicial authority. This jurisdiction may be created simultaneously for more than one court in more than one country. In the statutes, there are cases that due to the impossibility of implementing the rules related to local jurisdiction and, in particular, the involvement of an external element, the Tehran court, is competent. The jurisdiction of the court in these cases is a symbol of the general jurisdiction of the courts of Iran and because of its headquarters is the capital of Iran. For this reason, using the statutes and with the induction of existing laws, it is possible to extend the jurisdiction of this court as a rule, to other similar cases. In this way, by adopting this rule, not only the defect of the law is resolved, but also the parties get rid of the confusion. In addition, the court that deals with the matter is not afraid of being incompetent or likely protest to it. This topic, which has the capability of designing the title "expandingof local competence of the capital's court" in Iran's law, will be examined in the present paper.
Abdolreza Asghari; Mehdi Salehi Moghadam
Abstract
Drinking alcohol is of offences which the holy Islamic law giver has laid down eighty slashes as legitimate hadd. This punishment was mentioned in article 165 of Islamic Penal Code of Iran (1370) and totally it stated drinking and eating alcohol. After codifying the Islamic Penal Code of Iran in 1392 ...
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Drinking alcohol is of offences which the holy Islamic law giver has laid down eighty slashes as legitimate hadd. This punishment was mentioned in article 165 of Islamic Penal Code of Iran (1370) and totally it stated drinking and eating alcohol. After codifying the Islamic Penal Code of Iran in 1392 , the legislature decided in art.165 to depart from the title" liquor Hadd-punishment" to the title" liquor consumption". Therefore, the liquor consumption in any way such as drinking, injection and smoking causes the legitimate punishment. The common aspect of these two titles is what reason making the criminalization of liquor which creates the legitimate hadd which has been discussed in fiqhi books (Islamic jurisprudence books). The following paper has examined the different ways for the consumption of intoxicating and alcoholic drinks. For this reason, different attitudes are expressed for the way of the consumption of alcohol or liquor and the attitude of the legislature for proving the legitimate had in any way is criticized and evaluted.
Mehdi Hasanzadeh
Abstract
Among the important issues related to the notification of judicial documents, the examination of the validity of the constructive notice of the judicial documents is due to the influence or inaction of the respondent's information in this background. In this regard, Article 83 of the Civil Procedure ...
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Among the important issues related to the notification of judicial documents, the examination of the validity of the constructive notice of the judicial documents is due to the influence or inaction of the respondent's information in this background. In this regard, Article 83 of the Civil Procedure Code provides for a ruling that not only imposes serious executive barriers, but also is incompatible and conflicting with other materials (302, 306, 336, 337, 338, 398, 399, 427, 428 and 429) of the code, as well as the logic governing other material related to the notification of judicial documents (67 to 82). Research in this area illustrates this inconsistency and difficulty of implementation that requires an effort to provide an executive solution. Note 1 of Article 13 of the Regulation on the Use of Electronic and Telecommunication Systems is spoken about the notification addressee's statement of unaware and the proof of this ignorance, without the effect of such a statement and proving. This silence requires a review of the subject.
Abdollah khodabakhshi
Abstract
The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights ...
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The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights of third parties or its subject may be changed or administrative obstacles cause to cease the execution of it. In some cases, the enforcement of judgment also needs to preconditions that it can't be established and implemented without the independent proceeding and with respect to the right of defense. In fact, the principles of due process for example the hearing parties statement, giving the opportunity to defense and the complaint against the court decision must be followed also in the enforcement stage and Hence, sometimes it must be stopped the enforcement of judgment. These cases have not a certain criteria in jurisprudence. One of the its reasons is the lack of supervision of excellent authorities over the executive orders because most decisions in the implementation stage are through administrative orders and the beneficiary can't complain about them. Due to defect in the legal literature (doctrine) and fitful jurisprudence, the effects of unenforceability of judgment exactly are not clear. In fact, the main question is, can it be possible to enforce a definitive judgment? And if the answer is positive, what is the criterion of it? It seems there are exceptions in judicial review to failure for implementing of definitive judgments and seems the most important criterion can be seen in practical problems and changing the subject of judgment. Hence in the present article, these issues will be considered.
Seyyed Ghasem Zamani; Abolfazl Shiralizadeh
Abstract
In the course of international tribunals’ adjudications, one of the most important issues to deal with is to solve the problem of conflict of laws through determining the applicable law. Monism and the priority of international law over domestic law was accepted and confirmed by the majority of ...
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In the course of international tribunals’ adjudications, one of the most important issues to deal with is to solve the problem of conflict of laws through determining the applicable law. Monism and the priority of international law over domestic law was accepted and confirmed by the majority of jurists, especially those believe in monism doctrine, from different legal systems. For the lawyers and arbitrators the interpretation of treaties and contracts is a vital and basic step in litigation or arbitration procedure. Toward determining of rights and duties of parties in investment law, the occurrence of conflict of laws between international law and domestic law is a usual and ordinary subject matter. Notwithstanding the indications of doctrine of priority of domestic law over international law, but the search in the Treaties, Contracts, Doctrine and Legal precedents verify the contrary view point. Today the states liabilities in investment arbitration even with the contractual origination, changed to the states international liabilities, with presence of new provisions like as umbrella clause (As catch all provision), which reaffirm on the priority and influence of international law over domestic law. My uppermost aim in writing this article has been to study and show this evolutionary legal transformation in international investment law and to meet that end legal precedent has been examined.
Ali Ghesmati Tabrizi
Abstract
Compensation, considered as the exclusive consequence of civil responsibility for a long time, has been the subject of independent systems that civil responsibility has been replaced by them with a different logic and basis. Despite the diversity of these alternative systems, all of them can be studied ...
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Compensation, considered as the exclusive consequence of civil responsibility for a long time, has been the subject of independent systems that civil responsibility has been replaced by them with a different logic and basis. Despite the diversity of these alternative systems, all of them can be studied as "social guarantees". This theory, provided in French law, attempts to protect the victims completely with identifying the "social risk" and in the light of the concept of solidarity. The sign of this supportive logic in Iranians law can be seen in victim’s compensation of accidents caused by vehicles. Regardless of the terms mentioned, “The Compulsory Insurance Act for third parties damages as a result of vehicles accidents", has established a different system from civil responsibility. A different perception of the accident and the effort for compensating losses plus difference from civil liability and its requirements are the similar indicators with "social guarantee".
The presentation of this idea and its resemblance in Iranian law, which is the subject of the present article, could provide a ground for extensive coverage of physical damages and support of vehicle victims.
Adel Sarikhani; Iman Mohtaram Qalaati
Abstract
Judicial Enforcement Officials dealing with the right to privacy is one of the most important legal issues that will be discussed in relation to the scope and responsibilities of police. While maintaining security and public order, the delimitation of powers and duties of judicial Enforcement Officials, ...
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Judicial Enforcement Officials dealing with the right to privacy is one of the most important legal issues that will be discussed in relation to the scope and responsibilities of police. While maintaining security and public order, the delimitation of powers and duties of judicial Enforcement Officials, should be such that the rights of individuals, especially the right to privacy, has not been harmed as much as possible. This research, through a descriptive ـ analytical approach on written documents, examines the scope and nature of the tasks and activities of law Enforcement Officials in dealing with the citizens’ privacy of car. In this article the regulations governing the citizens’ Privacy of car which may be violated by law enforcement officials were interviewed. It can be said, in an overall assessment, the existing laws in this area follow the policy of differential limitations in visible and non-visible crimes. Analysis of Laws and regulations related to this area indicates that although diferent aspects of citizens’ Privacy of car have been sufficiently protected by law, the lack of prediction on the actions of the police in emergency situations, cause arbitrary decision making that, in some cases, leading to violation of citizens' right to privacy of car. Using the logical measures, the findings of this research also indicates two fundamental objectives of securing and maintaining the rights of citizens can be achieved.
Alireza Mirkamali; Nazanin Hajizadeh
Abstract
According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining ...
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According to domestic law, in the course of criminal proceedings, from the beginning of the filing to the execution of the judgment, there are many costs imposed upon the victim, including legal fees, filing fees and referral fee to the experts. In accordance with fair trial standards and theories explaining the government's responsibility in this regard, imposing these costs on the victim is not compatible with these criteria. In this regard, the right to unrestricted access to the criminal justice system and the judiciary is one of the fundamental rights of the victim and should be considered seriously. The right to fair trial standards is mentioned in international documents such as European Convention on the Compensation of Victims of Violent Crimes and European Convention on Human Rights. Therefore, the imposition of the costs of the proceedings on the victim is one of the most important obstacles to access to criminal justice, it is not correct and is by no means consistent with various theories about the function of the state sovereignty is this area.
Esmaeil Haditabar; Maryam Mehri Matankolaei
Abstract
Abortion is known as a crime in numerous legal systems in the world. Criminalization basis is different due to religious, ethical and philosophical points of view and also several lawyers are pro or against criminalization and decriminalization of abortion. Abortion is related to the fetus life from ...
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Abortion is known as a crime in numerous legal systems in the world. Criminalization basis is different due to religious, ethical and philosophical points of view and also several lawyers are pro or against criminalization and decriminalization of abortion. Abortion is related to the fetus life from one hand, and therefore protection of fetus life and its respect is the most important basis of criminalization. On the other hand, supporting mother’s rights and respect her freedom is the reason of decriminalization of abortion. The first group or pro- life lawyers form their debates on the basis of refraining from harm others which is known as “harm principle”. The second group reason concerning free will that is called “liberalism”. Thus, “harm principle” and “free will” are against each other. The main issue of this difference and disagreement is the concept and meaning of the fetus legal personality and the time it begins. Accordingly, if one believes that the fetus does not have legal personality there will be no conflict. Hence, this essay is to investigate “harm principle” and “free will” in criminalization of abortion.
