Abolfazl Kiyan
Abstract
Legal procedure is not always ideal and some occurrences may cease its natural routine meanwhile. This is often mentioned as unexpected accidents. Among all kinds, unexpected accidents resulting from confession as one of the most important evidences include unexpected accidents pertaining to the confessor, ...
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Legal procedure is not always ideal and some occurrences may cease its natural routine meanwhile. This is often mentioned as unexpected accidents. Among all kinds, unexpected accidents resulting from confession as one of the most important evidences include unexpected accidents pertaining to the confessor, subject of confession, and unexpected accidents related to the party favoring confession. Unexpected accidents pertaining to the subject of confession, due to doubts about whether the standards of argument are compulsory, happen more often. Although this does not mean weakening the role of claim parties. Accepting these arguments, which cannot be restricted to certain cases, is contingent upon existence or nonexistence of some pillars.
Rajab Goldost; Faramarz Gholipour Jamnani
Abstract
One of the principles prevailing over the mix trial systems is dominance of principle of separation of prosecution from investigation in pre-trial stage. According to this principle, investigation of all crimes lies on independent official named judge d'instruction and prosecution of the offences, after ...
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One of the principles prevailing over the mix trial systems is dominance of principle of separation of prosecution from investigation in pre-trial stage. According to this principle, investigation of all crimes lies on independent official named judge d'instruction and prosecution of the offences, after performing the pre-trial investigation lies on prosecutor. In accusatory systems, all both of the prosecution and the investigation of the crimes is carried out by the prosecutor. In the former systems, because of the presence of the investigator, prosecutor or the other judicial ones as prosecutor, restrain from intervening in investigation and by the end of investigation, the prosecutor takes over the prosecution of crime in the court. Iranian legislator, although in recent developments in this field accepted the inquisitory system in pre-trial stage, but never has been bounded to the absolute separation prosecutor from investigator that is determination of mix hearing system and in many times, deviated from this principle so that in criminal procedure code 1392, expanded the scope of deviation from this principle and as well as prosecutor, qualified the other judicial ones for performing the pre-trial
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.
Jafar Shafiee; Aliakbar Gorji; Ali Ghanei
Abstract
In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the ...
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In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the acts and reasons for unreviewability can contribute to our understanding of the judicial review. In Iran, in addition to legislative limitations, one of the main reasons for limiting the Administrative Justice Court’s jurisdiction is Guardian Council of Constitution’s interpretive approach. In many models of judicial review, the criterion of court’s jurisdiction in reviewing the government’s acts is functional. But, organizational approach Guardian Council of Constitution to Administrative Justice Court’s jurisdiction -that is in conflict with systematic and organic approach to the principles of the constitution of the Islamic Republic of Iran, the spirit and underlying philosophy of drafting such a basic law to protect the rights and freedoms of citizens- has led to expansion of the sphere of unreviewbility in the Iranian legal system.
Ali Tahmasbi
Abstract
In the case of multiple potential parties of litigation, some delicate issues can be raised that is able to prevent judge from trying substance of the claim. If there is solidarity among plaintiffs, every plaintiff can litigate. In the absence of solidarity, severability or non-severability of relief ...
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In the case of multiple potential parties of litigation, some delicate issues can be raised that is able to prevent judge from trying substance of the claim. If there is solidarity among plaintiffs, every plaintiff can litigate. In the absence of solidarity, severability or non-severability of relief has a determining role in permitting individual litigation and is the test for adjudicating the substance of the action by judge. In Iran’s law various plaintiffs with common or similar issues of law or fact, are not allowed to sue against common defendant in one statement of claim, but in American law such a device with the title of compulsory or permissive joinder has been devised. The absence of joinder in Iran’s law is followed by inefficiency, wasting resources and sometimes conflicting judgments that undermines judiciary’s reputation. In the case of various defendants and their solidary obligation, the plaintiff can start an action against all or some of them, but when there is no solidarity among them, severability of relief is the test for litigating against some of them. Whenever there are many potential plaintiffs and defendants, depending upon solidarity among plaintiffs and defendants and relief severability, miscellaneous assumptions can be drawn that are governed by different legal injunctions.
Private Law
mina kavyani; nejadali almasi
Abstract
Publishing literatures and artworks under copyright protection in the internet and the possibility of widespread infringement of these rights by millions of internet users all over the world, raises this important question that “Which law would be applicable in conflict of two or more laws?” ...
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Publishing literatures and artworks under copyright protection in the internet and the possibility of widespread infringement of these rights by millions of internet users all over the world, raises this important question that “Which law would be applicable in conflict of two or more laws?” In addition, “In determination of governing law in copyright infringement in cyberspace, are traditional conflict of laws rules still applicable or new rules are needed in this area”? This article studies the issue by the separation of two assumptions of agreement and disagreement on applicable law in contractual and non-contractual infringement of copyright in cyberspace. In contractual infringement, which has the agreement on the governing law, the procedure of most of the countries and international conventions is, acceptance of principle of will. In contractual infringement in absence of agreement on governing law, different criteria have been adopted which the most important one of them is applying the law of the country which has the closest relation with the contract. In non-contractual infringement which has been agreed on governing law, there are two general viewpoints between lawyers, countries and international regulations. Some don’t accept the principle of will because of the connection of torts with public discipline and others recognize rule of will in determination of the governing law before and after the loss. Finally in assumption of disagreement in non-contractual infringement, which is the most common kind of infringement of these right in cyberspace, among different theories (including Lex Fori, Lex Loci Delicti, Lex Loci Protectionis) the theory of the law of the closest country, has been suggested as the most appropriate solution in order to determine the governing law.
Nader Nowrouzi; Behrouz Javanmard
Eghbalali Mirzaee
Abstract
By repealing a law it ceases to be valid and by wich the law's life terminate. In traditional approach abrogation takes in two manners: expressly and impliedly. This Thesis effort is to amend this theory. Abrogation is only express and it takes when legislator specify repealed law. ...
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By repealing a law it ceases to be valid and by wich the law's life terminate. In traditional approach abrogation takes in two manners: expressly and impliedly. This Thesis effort is to amend this theory. Abrogation is only express and it takes when legislator specify repealed law. But when judge cannot reconcile between two conflicting laws, his main task is to override one of them.Regarding the purport of laws and argueing pro or con alaw in persuasive manner is exclusive way to proclaim tacit abrogation or predomination of it. Indeed judge has not authority to rescind law. Therefore implied repealing is matter of construction and metaphorical expression. Abrogation takes in four manners: Total, partial, subordinative and relative. By total abrogation legislator repeals abody of laws. Wereas in partial repeal only some sections of a law is abrogated. In subordinate repealing one law is rescineded, ipso facto, in subject to another law. Finally relative abrogation (=derogation) is abolishing of a law, as by subsequent act wich limits its scope
Jafar Kousha; Mehdi Ghorbani Ghalajloo
Abstract
Food Security has defined as a situation which all people; at all times, have physical, economical and social access to safe, notorious and enough food to procure their notorious demands and food preferences to have a healthy and active life. Achieving the food security became a United Nations’ ...
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Food Security has defined as a situation which all people; at all times, have physical, economical and social access to safe, notorious and enough food to procure their notorious demands and food preferences to have a healthy and active life. Achieving the food security became a United Nations’ global concern in the new Sustainable Development Goals since 2030 framework.
In this article, we explain the concept and legal foundations of the normative food security as a socio-legal norm in the international acts and Iranian regulations and introduce its sights, examples and legal answers (especially criminalization and repressive penal answers) in the Iranian legislative criminal policy in the context of national public policy under the international acts umbrella’s that meet the food security in the world with planning, targeting and coordinating.
The outcome of this research shows that the Iranian legislative criminal policy for food security protection is incoherent and with a tendency to criminal policies public model, just covers a part of food security’s modern sense and also does not include the new forms of globalized crimes and terrorism against food security.
Criminal Law
Amin Fallah; hasan hajitabar firozjaee
Abstract
The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary ...
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The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary investigation of crimes of persons aged 15 to 18 years Shamsi, with the exception of crimes against chastity, has considered the 7th and 8th degree ta'zir crimes under the jurisdiction of a branch of the city's Public and Revolutionary Prosecutor's Office as the Special Juvenile Court. However, according to Article 315 of this law, crimes subject to the jurisdiction of the First Criminal Court, as well as the Revolution, in cases that are tried by multiple judges, if committed by adults under the age of 18, a special juvenile criminal court will try them. شد. However, this law is ambiguous in terms of competent authorities for conducting preliminary investigations and prosecuting crimes under Article 302 committed by minors and adults under 15 years of age. The authors, in this article, based on the legal standards and general principles of criminal law, come to this conclusion. It was concluded that in the case of persons under the age of fifteen, if the person is a minor, the preliminary investigation and trial of public crimes or revolution covered by Article 302 of this law will be carried out by the juvenile court, but if the perpetrator is under the age of 15, the reference Preliminary investigation and trial, the criminal court is a special case for juvenile delinquency.
Zoha Savadkouhi Far; Seyed Ali Kazemi
Abstract
In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives ...
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In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives were the victim, or pay a bride price. Inheriting a widow, exchange marriage and wives as compensation for a crime are all not acceptable according to shari’a standards and of course do not conform to human rights standards. The aim of this article is to explore whether this situation still prevails more than twenty years after the country went through the experience of Soviet occupation (1979-1988), which had a clear tendency to secularise the legal system, the time of re-establishment of the Islamic system during the rule of the Mujahidin, the civil war (1988-1994) and the Taliban who tried to impose their strict interpretation of Islamic law on the country.(1994-2001)
Ali Khosravi Farsani; Shahpour Beyranvand
Abstract
In many legal systems of the world , liquidated damage has an almost fixed meaning and is a price which parties set , so that in case of a breach on the part of the warrantor) ,s)he pays it to the warrantee. On the other hand, the punitive damage is a kind of damage which the court condemns the agent ...
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In many legal systems of the world , liquidated damage has an almost fixed meaning and is a price which parties set , so that in case of a breach on the part of the warrantor) ,s)he pays it to the warrantee. On the other hand, the punitive damage is a kind of damage which the court condemns the agent to pay in case of attaining a bad faith, intention or negligence on his/her part; thus, unlike liquidated damage, is more deterrent than remedial. Different legal systems of the world face them variously; such that these two entities in some countries like the United States are used widely and sometimes in some countries like England have faced limitations. In the Iranian legal system, the punitive damage is only issued in international actions and in reciprocity. So in internal claims, entities like liquidated damage, moral damage, late payment damage or even atonement have to be used. Despite this, in some cases none the aforementioned entities is a suitable substitute and in the Iranian internal law the need to establish the punitive damage entity is felt. Although liquidated damage has sometimes penal and remedial aspects, due to the actual damage being less than the liquidated damage, these two entities have several differences; including the fact that the punitive damage, unlike liquidated damage, cannot have remedial aspect. Also, the court adjusts the amount of the punitive damage not the parties, and there is no need for attaining a kind of intention or bad faith.
Farid Mohseni; Nasir Malakooti
Abstract
Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil ...
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Causation, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless causation is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil liabilities as to the concept of causation. Thus, in area of former, causation must be analyzed through criminal methodology. This is given to the fact the each area of liabilities has its own means and necessities and therefore each type can only be reviewed on the basis of each respective structure. While, it is accepted that compensation would be a consequence of bearing criminal liability, invoking criminal liability is based on standards sourced from criminal principals. This paper will endeavor to provide a comprehensive criminal overview of the causation, its elements, norms as well as challenges of such essential element of criminal liability in light of Islamic thoughts, judicial verdicts and criminal legislations, particularly the new Islamic Penalty Code ratified in 1392 .
Criminal Law
vali rostami; Sina Rostami; Hasan Kabgani
Abstract
The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be ...
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The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be fully in line with the principles of fair trial enshrined in the constitution. Because by reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 2013, one may easily realise that some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, it seems necessary to analyze the existing conflicts as well as to examine the possibility for court judges to invoke the constitution, as well as the non-implementation of legal articles contrary to the principles of the constitution. The present study uses a descriptive-analytical method to measure the compliance of ordinary laws related to the principles of superior proceedings and in case of changes and non-compliance, to describe the guarantee of implementation of these discrepancies. The results indicate that the Code of Criminal Procedure, passed in 2013, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press crimes, the principles related to the separation of powers and other cases, still contain sentences contrary to the spirit of the Constitution.
Private Law
Mansoor Amini; javad piri
Abstract
Legal systems and International documents to ensure the rights of persons in contractual relations have paid attention to various sanctions and have accepted the compensation method as one of the most important sanctions ; therefore, there is no doubt that damages in legal systems and international documents ...
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Legal systems and International documents to ensure the rights of persons in contractual relations have paid attention to various sanctions and have accepted the compensation method as one of the most important sanctions ; therefore, there is no doubt that damages in legal systems and international documents are compensable. However, when the damage is subject to the judgment, the criterion of Assessment of damages becomes important; because the lack of criteria for Assessment of damage leads to inefficiency of the sanction. Accordingly, in legal systems and particularly international documents, have been attempted to provide criteria for assessing damages. Regarding the weakness and ambiguity of the Iranian legal system on damages, the results of this study can be useful for lawyers and judges and on the other hand, it can be useful for the legislator to inspire the criteria provided in order Regulations.
Akram Safiri; Fateme Taherkhani
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.
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.
Mohammad Hossein Ramazani Ghavamabadi
Abstract
Multiple functions of NGOs have caused state actors in national and international arena could not easily ignore their presence. Following the ratification of Code of Criminal Procedure in 2015, legislature made it possible, in article 66, for NGOs to take part in criminal proceedings to promote the interests ...
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Multiple functions of NGOs have caused state actors in national and international arena could not easily ignore their presence. Following the ratification of Code of Criminal Procedure in 2015, legislature made it possible, in article 66, for NGOs to take part in criminal proceedings to promote the interests of vulnerable groups and also play an important role in victimless crimes. According to the first version of this article, NGOs could participate in different steps of criminal process, from complaint to appeal. Unfortunately, in the subsequent modification of the Code, the role of NGOs in appeal was denied. This modification, besides to the necessity of the NGO to be qualified by the head of the Judiciary, had negative effect on the role of NGOs in criminal proceedings. One of these negative points, discretion of Judiciary's head to qualify the NGOs, was modified by an act in 2016. But the other one, inability of the NGOs to appeal, still exists.
In this paper, we will discuss the basics, requirements and the ways of the participation of NGOs in criminal proceedings, as provided by Iranian legislature.
Azizollah Fahimi; Ahad Shahi
Abstract
Unilateral legal act consists of producing of effect of law which is created with volition. Also such as contract, gives important to classification and recognition types of unilateral act. Because of research and investigation in characters of any category, induces illustrate concept of unilateral legal ...
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Unilateral legal act consists of producing of effect of law which is created with volition. Also such as contract, gives important to classification and recognition types of unilateral act. Because of research and investigation in characters of any category, induces illustrate concept of unilateral legal act and derive appropriate rules with that. One classification of unilateral legal act is in to “non- suspended” and “suspended”. Some Shiite jurisprudence not accepts suspension in unilateral legal act and selects principle of non- suspense ability of unilateral legal act; except that legislator stated opposed legal rule; whereas others have been mentioned principle of suspense ability. In this respect, among Sunni jurisprudence few disputes and many are unreasonable theory of suspension of unilateral legal act. So, they accept suspension in divorce. Similarly, jurisprudents nearly concerned with suspension in unilateral legal act. However, theory possible of suspension in unilateral legal act by reasons of exist cases of shari’ah and absence opposition effect of cause, as a general principle and not exception rule, has been accepted. As against, resolution condition [La condition résolutiore] in unilateral legal acts has no legal effect.
Adel Sarikhani; Maryam Soltani Bohlouli
Abstract
Prevention of crime has always been one of the main concerns of the legal system and in order to achieve this goal, different theories have been proposed. One divides crime prevention to two types of social crime prevention and developmental crime prevention, both aim at personality and social structural ...
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Prevention of crime has always been one of the main concerns of the legal system and in order to achieve this goal, different theories have been proposed. One divides crime prevention to two types of social crime prevention and developmental crime prevention, both aim at personality and social structural reforms. According to the Article 156 of the Constitution of the Islamic Republic of Iran, the prevention of crime is one of the tasks of the Judiciary. However, by virtue of the tasks foreseen for the Executive branch, this branch has many functions related to crime prevention. Therefore, the Executive functions to improve living standards and social welfare of the nation. The role of Executive branch in crime prevention can be clearly seen in Article 3 of the Constitution of the Islamic Republic of Iran which states that providing education is one of the responsibilities of this branch.
HASSAN LOTFI; Yasser Ghollami
Abstract
From several decades ago the legislator nationalizes all the land and building of the jungle lands and grasslands because of the enforcement of sovereign. Therefore, those kinds of lands because of being recognized as jungle or grassland were called national lands. Following the act of legislator, a ...
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From several decades ago the legislator nationalizes all the land and building of the jungle lands and grasslands because of the enforcement of sovereign. Therefore, those kinds of lands because of being recognized as jungle or grassland were called national lands. Following the act of legislator, a lawsuit under the title of lawsuit objection to the recognition of national land was formed in our legal system which enjoys special complexity because of the multiplicity of plaintiffs and defendants. Accordingly, having given a description of national land and explaining its aspects the present essay along with element of relief has reckoned and considered the plaintiffs of lawsuit in five groups (Land owners, garden and installment owners, public legal personality, farmers owning nasaqi lands and non-governmental organization) and the defendants in three groups (Natural resources of city offices, land owners and garden and installment owners and farmers owning nasaqi land and housing and urban development organization).
Mohammad Roshan; GHafor KHoeini; Azad Falahi
Abstract
As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required ...
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As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required qualifications. In some cases, the terms of the concluded contracts possess all basic conditions for authenticity (correctitude); however, often due to treating with third parties, they may encounter some status that is assumed as type of ‘pasture tax’. The pasture tax denotes a status in which the contract includes the authenticity conditions but in order to observe the rights of third party in the given contract, it should be waited within time interval for pasture tax status so if the right of third party is given typically in whatsoever after that period the contract is correct otherwise it will be annulled. In other words, the given contract does not encounter ay problem at the expedient phase but it will be exposed to some barrier in effectiveness of the given contract duly. Some experts have assumed this status as synonymous with non- referable status in French law. This is a paradigm that has been criticized in the preset article ad we have interpreted this point with implication of some evidences ad documentation that these two statuses are different from each other so assuming them as synonymous terms is improper. The basis of pasture tax status is to composition of rights of both parties. Unlike other institutions, this term is not employed only for adjudication of third parties or both contract parties, but it will be tried to achieve rights of all contract parties. We try to analyze ‘posture tax statuses in terms of jurisprudential and legal perspectives in the current essay. In this course, we will look at Iranian, Islamic, and French law systems.
Alireza Fasihizadeh; Seyyed Hosein Asadi
Abstract
Boundary is a political factor which segregates people of different countries physically and mentally and affects their legal relations. Governments, in their territories consider some rights for their citizens, which foreigners are deprived of them. Mutually, citizens of a government have certain duties ...
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Boundary is a political factor which segregates people of different countries physically and mentally and affects their legal relations. Governments, in their territories consider some rights for their citizens, which foreigners are deprived of them. Mutually, citizens of a government have certain duties that non-citizens exempt from them. An instance of such relations in Iranian legal system is obtaining security from foreigners when they bring a suit against an Iranian citizen, in order to recompense probable damages to defendant in case of frivolous claims, which is mentioned in article 144 of Civil Procedure Law for public and revolutionary courts in civil matters. The matter of this paper is whether stateless persons have to make such deposits or it's unfair to ask them; since there is no letter of the law in this case. In the following, we have reviewed both ideas and found out that exemption of stateless persons from the deposit is more preferred.
Tahmores Bashirieh
