Seyed Yaser Ziaee
Abstract
Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), ...
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Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), judicial) adjudicative) and executive. Legitimacy of these jurisdictions depends on historical, philosophical and conceptual view to jurisdiction in public international law. We can gather pro and anti views to the legitimacy of extraterritorial jurisdiction in academic legal texts. However advocates of extraterritorial jurisdiction don’t deny the undesired consequences of this jurisdiction. So it is important that we find a proper solution for problems of extraterritorial jurisdiction. It is suggested that ‘Extraterritorial international jurisdiction’ and ‘modified universal jurisdiction’ can play a role instead of extraterritorial legislative jurisdiction and ‘transnational law’ and ‘mutual legal guarantee’ can play a role instead of extraterritorial judicial jurisdiction.
Alireza Bariklou; Seyed Ali Khazaee
Abstract
Governing the good faith principle in the pre- contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and ...
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Governing the good faith principle in the pre- contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and also preserve the confidential information confidentiality and not doing parallel negotiations, so they meet the interest of each other. The Iranian positive law has not any specified Act in the acceptation of the said principle as a general rule. Although, it is possible to use the criteria of Article 8 of civil liability law and other provisions, to proof the binding of observance the good faith in the execution of all rights and obligations in all stages including pre -contractual stage , but this manner is not satisfying the legal community in accepting this principle as a general rule. By considering the social and economic necessities therefore the Iranian law should accept this principle clearly.
Mohammad Jafar Habibzadeh; Hamed Rahmanian
Abstract
Pornography, thatmeanspresentationofexplicitsexualscenesinanartisticorliterarywork, isaphenomenonthat, duetoit’scountlessdestructiveconsequencesonpublicandindividualchastityandmoralityandalsoonfamilycircle, iscriminalizedinthelawofmanyofcountries. IntheIraniancriminallawseveralbehaviorsrelevanttothepornographyhadbeencriminalized, ...
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Pornography, thatmeanspresentationofexplicitsexualscenesinanartisticorliterarywork, isaphenomenonthat, duetoit’scountlessdestructiveconsequencesonpublicandindividualchastityandmoralityandalsoonfamilycircle, iscriminalizedinthelawofmanyofcountries. IntheIraniancriminallawseveralbehaviorsrelevanttothepornographyhadbeencriminalized, ifthereareothercircumstancesrelevanttoperpetrator, victim, recipientoftheseworks, matterofcrime, instrumentofcommitment, andalsoexistenceofmensrea; providedthattheseactionsdonotcommittedforthescientificpurposesoreachotherreasonableinterests. Mostpenaltiesconsideredfortheseoffensesarewhip, prison, finesanddeprivationfromsocialrights; butinsomecaseslegislatorgrantstothejudgesanauthorityforassignmentofperpetrator’sacttothecorruptiononearth (ifsad-fil-arz) andsentencingofexecution. Thisarticle, forbetterpreservationofsocietyfromharmofpornographyandalsopreservationofcitizensanddefendants’srights, revealsthenecessityofcodificationacomprehensivecoderegardingtothepornographyandabolitionofcurrentsporadicandopponentlawstoremoveambiguityfromthem.
Abdollah Khodabakhshi
Abstract
When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting ...
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When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting the right and obligation, criminal law also will not interfere. To eliminate this dispute, it will be accepted the arbitrator and accept his award. This arbitrator is the “principle of criminal law independence” and his attraction and repulsion. the principle that on the one hand, prohibits excessive development of criminal law and on the other hand, to invoke the presumption of innocence irregulary. Perhaps, it will be say that the rules of contract will not follow in criminal law, even as the principle and only should be interpreted with regard to the objectives, features and special foundations of criminal law. This paper shows some results about relation between contract and criminal law.
Mahdi Hasanzadeh; Mohammadreza Safarnia Shari
Abstract
TheamendmenttoArticle 3 ofthePublicandRevolutionaryCourtFormationAct, thePublicandRevolutionaryProsecutor’sofficeswererebuiltaspartofIran’sjudicialsystem. However, theinclusionbodiesofthisorganizationintheformofanarticletocauseconfusion. Amongotherissues, discussedbrieflythestatusofSolicitorGeneraliscontroversial. ...
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TheamendmenttoArticle 3 ofthePublicandRevolutionaryCourtFormationAct, thePublicandRevolutionaryProsecutor’sofficeswererebuiltaspartofIran’sjudicialsystem. However, theinclusionbodiesofthisorganizationintheformofanarticletocauseconfusion. Amongotherissues, discussedbrieflythestatusofSolicitorGeneraliscontroversial. LegislatorintheauthorityanddutiesofSolicitorGeneral, howtoresearch, commentandhisrelationshipwithotherofficialsandprosecutorsisadequatetolayalimitclauseandaprovisionandhasdecreedthatallSolicitor’sdecreesshouldbeinagreementwithProsecutingAttorney. Iftheydiffer, theProsecutorruns. Thequestioniswhichofthedecreesshouldbeaccordingthissentenceandiftheprosecutorisopposed, howwillbemoreresearch. Fortheanswer, shouldbedeterminedhowtherelationshipbetweentheSolicitorandProsecutor. Objectedtotheprosecutor’svoidtheSolicitor’sdecreesthatareaboutpossibilityofprosecution. ButifSolicitordecreeattheessence, theProsecutorcan’tcompelhimtochange. SotheProsecutor’sdecreewillbedonebyanotherassistant.
Majid Akbarpour; Abolfazl Mohebbi; Khadijeh Nazari
Abstract
Natural obligations is one of various kinds of obligations that there are diferent viewpoints on its basis and nature. these are obligations in which, the obligee has no claim right but if the obligor voluntarily fulfilled the obligation, his/her claim for restitution will not be admissible. the question ...
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Natural obligations is one of various kinds of obligations that there are diferent viewpoints on its basis and nature. these are obligations in which, the obligee has no claim right but if the obligor voluntarily fulfilled the obligation, his/her claim for restitution will not be admissible. the question here is :what is the legal nature of natural obligation? what are its instances? And which legal rule) from economic principles) is more efficient and desirable about such obligations? Using the jurisprudence juridical and economic principles, can said that, prohibition of unlawful possession or prohibition of unlawful utilization of a property is the best legal establishment that illustrates basis and nature of natural obligations. Moreover, time lapse debts, leniency contracts debts, denied by oath, debts related to credibility of judgment and kinfolks (relatives) past alimony can be counted as instances of natural obligations. Also observing social costs, provisions of article 266 of civil code on inadmissibility of claim for restitution of debtor who has paid the real debt, as a legal source in natural obligations is efficient
Javad Tahmasebi
Abstract
Thejudiciaryisduty-boundtoassuretheachievementoffairtrialsothatallequallyenjoytheindependence, impartiality, soundness andcompetencyintrials andperceiveitsexistence. Thisgoalcannotbeachievedonlyusingfairlawsandcapablejudges. Inthelastintentionoflegislatorforapplyingsuchsupervisionentitled ...
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Thejudiciaryisduty-boundtoassuretheachievementoffairtrialsothatallequallyenjoytheindependence, impartiality, soundness andcompetencyintrials andperceiveitsexistence. Thisgoalcannotbeachievedonlyusingfairlawsandcapablejudges. Inthelastintentionoflegislatorforapplyingsuchsupervisionentitled “Judges’ BehaviorSupervisingLaw”, thegoalslike varietyofdisciplinaryreplies, observingtheprivatelimits, unificationofviolationsexaminingby-laws, arrangingtheregulationsontheissueofthejudges’ disciplinarysuspensionandtheiroccupationalpromotionhavebeentakenintoaccount. Herein, whendealingwiththeprovisionsofthislaw, theachievementrateofthesaidgoalsisstudied.
