Ali Bahadori; Esmaeil Ajorlo
Abstract
The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches ...
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The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches or not. What are these models and their pros and cons. This paper is about to analyze these models and their religious or non-religious characteristics. Overall, there are two models of proceedings system based on sharia. First, creating special courts of sharia, and second, trial in general courts, but according to the Islamic laws. The type of political system and its approach in relation to the religion is an important factor in applying these two models. Finally, both models are considered in relation to the realization of sharia laws, which is the ultimate purpose of these models.
Mohsen Izanloo; Babak Shid
Abstract
Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration ...
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Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration agreement and they are non-signatories. Estoppel rule as the main element of the “estoppel Doctrine on the extension of arbitration” is one of the most famous legal rules and regulations of the common law system, for years has appeared and illuminated in arbitration issues. Despite the importance of estoppel rule and its prevalence in international proceedings, there are no proper researches about the essence and effects of this rule. This comparative study on extension of arbitration agreement to the third parties with emphasis on the estoppel doctrine is one of the newest and practical issues may be the point of challenges between common law and statutory law legal systems.
Hamid Bahremand
Abstract
One of the characteristics of cybercrimes is that perpetrators because of the possibility of anonymity and by finding ways to commit crimes can commit several crimes against multiple victims at the same time. On one hand, some crimes are committed by using methods such as phishing, which encompasses ...
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One of the characteristics of cybercrimes is that perpetrators because of the possibility of anonymity and by finding ways to commit crimes can commit several crimes against multiple victims at the same time. On one hand, some crimes are committed by using methods such as phishing, which encompasses a wide range of victims. On the other hand, according to their personality, the perpetrators of these crimes are familiar with the techniques of committing the crime and also are aware of the criminal laws and regulations, and that the commission of the crimes more than certain numbers has no effect on the amount of their punishment. This makes these rules, which are, as a rule, applicable to individuals whose multiple crimes are exceptions, is not effective for cybercriminals whose single offense is often the exception, and criminal responses do not prevent them from other crimes. The failure to impose penalties, such as deprivation of electronic public services, both as primary punishments and as additional penalties do not prevent these criminals from committing another crime again after sustaining the main penalty. The ambiguity in the regulation of the multiple crimes and unclear boundaries between actual and virtual concurrence of crimes and numerous criminal consequences has led to differences in the determination of appropriate penalties in judicial proceedings. This article, by using a library-based resources and a descriptive-analytical method, in addition to interpretive method seeks appropriate solutions for solving problems.
Mohammadjafar Habibzadeh; Mahmood Saber; Hossien Samie
Abstract
The demands of today's world and the Commitment of dangerous and harmful crimes by legal entities and the need for appropriate compensation for victims of damage and judicial -criminological considerations, have convinced legal systems such to accept criminal responsibility of legal entities. ...
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The demands of today's world and the Commitment of dangerous and harmful crimes by legal entities and the need for appropriate compensation for victims of damage and judicial -criminological considerations, have convinced legal systems such to accept criminal responsibility of legal entities. It is clear for credit institutions including banks, as well as other legal entities under certain conditions, to be eligible for criminal responsibility. But accepting criminal liability for credit institutions as legal entities, is accompanied by this fundamental question: what are the conditions and criteria for assigning criminal liability to credit institutions as legal entities? Representing approach as a criteria for attributing criminal liability to credit institutions as legal entities, is approved by the Iranian legislature in Article 143 of the Islamic Penal Code, but due to flaws in this theory, including the difficulty of identifying responsible individuals and complicated structure of credit institutions, accepting of corporate responsibility theory is consistent with the basics of Identifying of criminal liability for credit institutions as legal entities and the principles of justice and fairness. At the same time, imposing criminal liability on the banks and credit institutions, requires that the legal representative of bank or credit union, "the" or "in the interests" of the bank or credit union as a legal person, commits a crime. The concept of legal representative of Credit Institutions, realization time of legal personality of governmental and non-governmental Credit Institutions, the Conditions of criminal liability realization, have ambiguities that critical analysis of them, is concerned with this article.
mehdi hagighatjoo
Abstract
Methods and strategies of Companies extension in competition law like joint venture, acquisition and merger are various and numerous. Companies' merger is one of the most important strategies of increasing production capacity and expanding companies in the international commercial world. Increasing production ...
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Methods and strategies of Companies extension in competition law like joint venture, acquisition and merger are various and numerous. Companies' merger is one of the most important strategies of increasing production capacity and expanding companies in the international commercial world. Increasing production capacity leads to expansion of market portion. Therefore the purpose of competition law can be abstracted in preserving market balance and controlling these policies for preventing creation unreasonable trusts and monopolies at market. So in the majority of pioneer countries in international commercial world there are different rules which have been approved for controlling of competitive methods and preserving market order and there are special courts to take care of performing these policies. For example, in the United States, Federal Trade Commission is supervising competition performance in market and on the basis of European community regulations, Trade Commission has the same duty. In England, courts should do this mission. In current Iranian legal system, Competition Council should supervise competition strategy to prevent anti-competitive performances.
Gholamali seifi; rasool bahrampoori; Hamed Sharifi
Abstract
In spite of expression of the rules of each legal option and the subsequent expression of the general rules of legal options, the Civil Code has suspended the status of the benefits resulted between the time of conclusion and revocation of the transaction. This suspension has brought about different ...
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In spite of expression of the rules of each legal option and the subsequent expression of the general rules of legal options, the Civil Code has suspended the status of the benefits resulted between the time of conclusion and revocation of the transaction. This suspension has brought about different views among lawyers. To obtain the rule for the status of benefits, we have to refer to other articles of the Civil Code in which there are two seemingly conflicting regulations. Article 287 concerning the cancellation of bargain distinguishes the types of benefits and grants the ownership of only separate benefits to a person who is the owner of consideration under the contract. However, Article 459 grants the ownership of benefits (including separate and inseparate) to the buyer. To clarify the case further and to determine the status of the resulted benefits, we consider the general theory of the Civil Code and look for the solution of the problem in the Civil Code through the inductive method. The ideas of Shiite jurists on the status of benefits of consideration are also helpful in this exploration.
Mehdi Abasi Sarmadi; Seyyed Salman seyedi
Abstract
Non-contractual obligations, along with contractual obligations, form a large part of the legal obligations and, in aspect of conflict of laws, constitute a conflict resolution rule. The conflict of laws and the determination of the law governing non-contractual obligation arise when one or more foreign ...
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Non-contractual obligations, along with contractual obligations, form a large part of the legal obligations and, in aspect of conflict of laws, constitute a conflict resolution rule. The conflict of laws and the determination of the law governing non-contractual obligation arise when one or more foreign elements interfere. The most recent initiative in European legislation on conflicts of laws in non-contractual obligations was passed in 2007 which is known as the Rome II. In these regulations, law of the place of the damage is accepted as the general rule of law applicable to non-contractual obligations. Therefore, the Iranian judge faces a big problem in determining the applicable law, because Iranian legal system has not any rule in regard to the non-contractual obligations. In this case, some believe in the applicability of the law of the place of the incident. The other view is that, because of the lack of an explicit statute, the applicable law is the law of the court seat. In the Iranian law, we believe that the law of the place of the incident can be accepted as the applicable law. As well as this point, we will consider the regulations of the Rome II, as the first international document related to the non-contractual obligations.
Hassanali Moazenzadegan; Narjes Roosta
Abstract
Electronic trial means basing criminal proceedings upon electronic devices, logging, processing and exchanging information, which is a new phenomenon accompanied by computerizing of the works. It is supposed that this process plays an important role in modernizing criminal proceedings and making it more ...
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Electronic trial means basing criminal proceedings upon electronic devices, logging, processing and exchanging information, which is a new phenomenon accompanied by computerizing of the works. It is supposed that this process plays an important role in modernizing criminal proceedings and making it more fair and economic. In relation to the laws, electronic trial is a vague title on the ninth chapter of the Criminal Procedure Act, and is completely different from proceedings in computer crimes. There is partial overlap between these two, because electronic trial is about to use electronic instruments to try all crimes, but in trial of computer crimes, the purpose is to prove these type of crimes, using all possible ways, modern or traditional (non-electronic). Although, because trial of computer crimes is one type of differential proceedings, and this has been considered important in the Criminal Procedure Act, the differentiating factor is the use of computer in trial of computer crime. In other words, as the perpetrator uses computer to commit the crime, she will be tried by using the capabilities provided by computer. By doing so, trial of computer crimes will be a part of the electronic trial and their relationship will be a complete overlap.
Rahim Nobahar; Yazdan Seyghal
Abstract
In contemporary time, there has been a kind of discursive transformation in the penology, called Risk-Oriented penology. This paper discusses the features and strategies of this notion. With the approval of laws such as Iranian Penal Code (April 2013), Iranian Code of Criminal Procedure (June 2015) and ...
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In contemporary time, there has been a kind of discursive transformation in the penology, called Risk-Oriented penology. This paper discusses the features and strategies of this notion. With the approval of laws such as Iranian Penal Code (April 2013), Iranian Code of Criminal Procedure (June 2015) and the evolution of Penalties, this trend of penology has, indirectly, seems to entered Iranian criminal law system. It is therefore desirable to be considered in a strategic manner. Risk penology focuses more on addressing the risk of potential offenders and the probability of recidivism through emphasizing the risk of offenders as well as managerial strategies. Indeed, while traditional penology emphasizes crime, as well as clinical and rehabilitative attitudes to determine a criminal response, in risk oriented penology the principle of certainty in the determination of crimes and punishments, loses its significance. Moreover, in this new approach of penology, assessment tools are widely used to exclude and incapacitate the risky offenders, and generally speaking, control, manage and reduce the risk. In Risk-oriented penology, however, enough emphasis is placed on the rationality in determining punishment, programming along with principles such as the principle of precaution in addressing risk.
Mahmood Bagheri; Ebrahim Noshadi
Abstract
The use of information technology in business has led to challenges in the rules governing jurisdiction and applicable law as, these rules are mainly based on the principle of physical approximation, while there is no physical space in the cyberspace, so how we can apply this principle to find out appropriate ...
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The use of information technology in business has led to challenges in the rules governing jurisdiction and applicable law as, these rules are mainly based on the principle of physical approximation, while there is no physical space in the cyberspace, so how we can apply this principle to find out appropriate jurisdiction either law or court. Accordingly, this element of cyberspace has challenged the traditional legal rules of jurisdiction, which is based on place. This advent raised the question of whether legal actions in cyberspace can be regulated by traditional legal rules. In order to answer this question, we categorize rules governing on the determination of jurisdiction and applicable law according to their basis, and then fundamental bases of jurisdiction rules including mental factor and objective factor will be evaluated functionally.
