Mohsen Moradi Hassan Abad
Abstract
Public hearing that is the most important and essential part of the criminal procedure, requires the presence of people in the process freely. Publication of the proceeding's news and public awareness about them is also considered as one of the requirements of public hearing. But in recent years along ...
Read More
Public hearing that is the most important and essential part of the criminal procedure, requires the presence of people in the process freely. Publication of the proceeding's news and public awareness about them is also considered as one of the requirements of public hearing. But in recent years along with this issue with the growth of mass media, television coverage of the proceedings in the criminal courts has also been raised. This paper has tried to address the arguments for and against the subject and to consider position of Iranian law in this regard. Television coverage of the criminal procedure appears to improve gape between public opinion and criminal justice and to increase public confidence about its functions at less in some cases that have public importance. In other hand it should be noted that television coverage of criminal trials more than enough may decrease importance of trials for people to the extent that it is possible for people to see it as an entertainment
Morteza Shahbazinia; Fatemeh Alholui Zare
Abstract
Letter of credit(LC')due to its special characteristics, is one of the most prevalent methods for payment in international transactions. By establishing the Uniform Customs and Practice for Documentary Credits (since) 1933, in order to unification of the rules governing letters of credit, International ...
Read More
Letter of credit(LC')due to its special characteristics, is one of the most prevalent methods for payment in international transactions. By establishing the Uniform Customs and Practice for Documentary Credits (since) 1933, in order to unification of the rules governing letters of credit, International Chamber of Commerce) ICC) has tried to clarify this method of payment. ICC has standardized issuing of the documents related to letter of credit, so as to declining problems which are come across with engaged parties due to this method of payment. However, despite these efforts, still numerous ambiguities surround this method of payment, especially banks are challenging with several problems in connection with the documents presented by the beneficiaries. This shows that prevailing rules on the principle of strict compliance of documents are not clear enough. In order to enhance the letters of credit’s efficiency, this paper will try to review the contrast interpretations regarding the concept of the principle and provide solutions for the above problems. This study includes all engaged parties in )LC)’s operations and specially will examine Doctrine of Strict Compliance in Commercial Invoices.
Seyed Taha Mosavi Mirkolae
Abstract
International community, as the result of pains and tragedies arising from two World Wars in recent era, reasonably found that “Law is silent in war” and hardly sought to think about enforcement beside codification. Thus common article 1 of the 1949 Geneva conventions and its notions reiteration ...
Read More
International community, as the result of pains and tragedies arising from two World Wars in recent era, reasonably found that “Law is silent in war” and hardly sought to think about enforcement beside codification. Thus common article 1 of the 1949 Geneva conventions and its notions reiteration in the first protocol of 1977 can be treated as a progressive process that in addition to respecting the conventions provisions taking in to account its enforcement. After that all implementations and enforcements of international humanitarian law can be based upon that article. The role of this provision in the promotion of that implementations and enforcements is in so far as one can say a renaissance has happened to the protection of international humanitarian law. This article's goal is to evaluate this valuable role, although take in to account the ambiguities of the article in question.
Zeinab Fahlah Tafti; Koorosh Kavyani
Abstract
طرح توزیع سهام عدالت با هدف توانمندسازی مردم کم برخوردار و توزیع ثروت در قالب شرکتهای تعاونی، خیل عظیمی از جمعیت کشور را تحت پوشش خود قرار داده است. The plan of justice share aimed at ...
Read More
طرح توزیع سهام عدالت با هدف توانمندسازی مردم کم برخوردار و توزیع ثروت در قالب شرکتهای تعاونی، خیل عظیمی از جمعیت کشور را تحت پوشش خود قرار داده است. The plan of justice share aimed at empowering people has less and distributing wealth in the form of cooperative companies has covered the large number of the population in our country. Theسیاست توسعه بخش تعاون از طریق تشکیل شرکتهای مزبور زمانی میتواند به اهداف عالیه تعاون در کشور چون کاهش فقر و تامین عدالت اجتماعی بیانجامد که دارندگان سهام عدالت بتوانند حقوق خویش را به صورت کامل استیفا نمایند؛ امری که جز در سایه آشنایی دارندگان سهام با حقوق مالی و همچنین حقوق غیرمالی ایشان محقق نمیگردد لیکن مسائل و مشکلاتی نیز در راستای استیفای حقوق مزبور پیش روی دارندگان سهام عدالت وجود دارد. Policy of development through the formation of cooperative sector companies can obtain high goals of cooperation in countries such as poverty reduction and social justice, when the justice holders can achieve their rights; something that only holders of shares in the shadow of familiarity with the financial rights and non-financial rights but there are some problems in the ways of achieving of their right . در این مقاله ضمن بررسی و تبیین حقوق مالی دارنده سهام عدالت چون حق انتقال سهام شرکت تعاونی عدالت شهرستانی، حق دریافت سود، حق دریافت حقوق و مطالبات با لغو عضویت و ... This paper reviews and explains the financial rights of the holder such as the right to transfer shares of justice, the right to receive benefits, the rights and the right to cancel the membership ... and the Effects of “The Fifth Five-Year Plan” act on the financial rights of the justice share holders.
Javad Kargozari
Ali Gholami; Mohammad Hossein Mojtahedi; Mohammadhasan Tahmasebi
Abstract
The balance between protecting individual rights and, at the same time, preserving and sustaining social security is among the key tasks of the criminal justice system, which is being challenged in the context of some guarantee of performance. As in some of the crimes, the preservation of the dignity ...
Read More
The balance between protecting individual rights and, at the same time, preserving and sustaining social security is among the key tasks of the criminal justice system, which is being challenged in the context of some guarantee of performance. As in some of the crimes, the preservation of the dignity of persons and the psychological security of the community, even the possibility of declaring and expulsion of the crime should be avoided. On the other hand, the introduction of perpetrators of certain crimes-as violators of the rights of the community-is also considered necessary for the establishment of social security. Tashhir's punishment is a typical example of the above proposition that has been the subject of some of the official poetry in some of the legal material. These include items 19, 23 and 36 of the Penal Code as core and supplementary penalties, as well as Note2, Article353 of the Criminal Procedure Code. The criminal system of Islam recognizes the Tashhir punishment and is organized in a structured manner with specific objectives for deterrence and prevention. Meanwhile, Tashhir has been censured for some limited crimes and for a limited number of punishments, but its application to other torture offenses is a matter of reflection. The present paper, using a descriptive-analytical method, first addresses the question of whether the prediction of Tashhir in the scope of Ta'azir crimes violates Islamic norms and norms, and then, in a comparative approach to the laws and decrees of the United States to justify the criminalization of this punishment and the judiciary The existence of this criminal institution will be analyzed in the criminal justice system. Finally, the paper has proven that there is not only a legal and jurisprudential impediment to recruiting Tashhir punishment for imprisonment but that contemporary criminological and psychological principles continue to pursue such goals as deterrence and the prevention of the commission of certain crimes possible through the use of Tashhir punishment.
Seyyed Mohammad Hosseini; Zahra Saedi; Azadeh Sadeghi
Abstract
Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, ...
Read More
Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, crime and criminal have became understandable in the concept of risk; techniques of criminal justice systems have gone along with this changing in policy and even in some cases, new models of it have been made. Whatever has been explored in the present paper are the new developments that have occurred in this regard.
Amir Hossein Malekzadeh
Abstract
Taking different jurisprodence by international judicial organizations in relation with control criterion, shows the contradiction on this issue. Control criterion in ICJ jurisprodence is expressed clearly in Nicaragua case. In this case ICJ examined the control criterions.In Genocide case, it once again ...
Read More
Taking different jurisprodence by international judicial organizations in relation with control criterion, shows the contradiction on this issue. Control criterion in ICJ jurisprodence is expressed clearly in Nicaragua case. In this case ICJ examined the control criterions.In Genocide case, it once again examined this issue, However ICTY pays attention to different methods of controlloing criterions.The challenge of ICJ jurisprudence by ICTY is crucial in this regard. The investigation of ICJ jurisprdence shows that it has followed consistent process about controlling criterions in diffrent cases. Facing with challenges by other dispute settlement organizations,ICJ has emphasized on it’s jurisprudence.Effective control is utilized in relation with international responsibility of the states but the overall control is applied in relation with criminal responsibility of individuals.
Abbas Ghasemy Hamed; Ali khosravi Farsani; Fahimeh Aghababaee
Abstract
This article, first, provides that, in Iran’s legal system, the principle is that all damages are compensated and any loss is restored to its previous situation. The article, then, argues that the courts in Iran do not consider punitive damages in their judgments but alternative remedies such as ...
Read More
This article, first, provides that, in Iran’s legal system, the principle is that all damages are compensated and any loss is restored to its previous situation. The article, then, argues that the courts in Iran do not consider punitive damages in their judgments but alternative remedies such as blood money and liquidated damages are provided in civil and criminal codes. However, none of these solutions can replace the punitive damages. Legislature first recognizes punitive damages in the amendment of the Act of the Jurisdiction of the Iranian Courts in Civil Cases against Foreign States (1379), and ultimately confirms it in the Act of the Jurisdiction of the Iranian Courts in Civil Cases against Foreign States (1390), In response to judgments in countries where punitive damages were decided against Iran.
Homayoun Mafi; Sam Mohammadi; Hossein Kaviar
Abstract
The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered ...
Read More
The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered as the weaker party of the contract. Hence, it needs a protective mechanism. One of the protective aspects of the consumer is to determine a competent court and to pay attention to “a special procedure in lawsuits of electronic contracts”. By way of determining such court, the presentation of an analysis based on theory of “Activity-Orientation” is the final outcome which is offered to the Iranian legislator as an approach.
Bagher Shamlou; Majid Moradi
Abstract
Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 ...
Read More
Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 of Tort Law have provided for compensation of victims of judicial mistakes particularly the innocent accused and convicted persons, there are some difficulties in the materialization of compensation process in Iran. The main reason of which is the lack of transparent and explicit laws on how to implement the constitutional Article in question, despite the fact that the contributors of the new Code of Criminal Procedure, in light of a heed to this legislative challenge, have attempted to surmount the problems, still the implementation of that Articleis faced with problems. This investigation, in light of making reforms or presenting a new and dynamic (judicial – legislative) interpretation of Article 171 of the Constitution as well as inspired by the provisions of the Modification Law on Compulsory Premium of Civil Liability (Tort) of Owners of Ground Motor Vehicles against Third Party (July 7, 2009), the possibility of creating the “premium of civil liability (tort) of judicial authorities”, in certain circumstances, has been analyzed as one of the approaches of attaining the maximum support of the victims of judicial mistakes.
Homayoun Rezaei Nejad; Amirhossein Rezaei Nejad
Abstract
The survey of the legislation developments in relation to trial and default judgement in Iranian law shows the variable aspects. The Iranian legislator, after elapsing many decades from enforcement of the first regulations of the civil procedure as to the default judgement, shall recognize two ...
Read More
The survey of the legislation developments in relation to trial and default judgement in Iranian law shows the variable aspects. The Iranian legislator, after elapsing many decades from enforcement of the first regulations of the civil procedure as to the default judgement, shall recognize two criteria of real notice to the defendant and the appealability from the default judgement as cases that the judgment is deemed verbally and the protest is impossible. These criteria became invalid after the victory of the Islamic revolution. In 2000, the legislator shall take into consideration the real notice as a case by which the judgement is regarded verbally. In Imamieh religious jurisprudence, despite prescription of hearing by default, the attendance or nonattendance of the defendant is considered as a basis for distinguishing the default or verbal judgement. In the present situation which the over cases are initiated in court of justice and affect the quality of hearing & judgements passed, it is necessary to restore that the appealable default judgements can not be protested. Such development is not inconsistent with the jurists’ standpoint as to the compliance of the protest right of the absent losing party.
Alireza Yazdaniyan
Abstract
Sometimes a person because of bodily or mental situation needs the care of other person،For this reason, in other legal systems the authority of control of this persones has been given to the some of the person،In this cases if the person under care dameges to another , the person that care of ...
Read More
Sometimes a person because of bodily or mental situation needs the care of other person،For this reason, in other legal systems the authority of control of this persones has been given to the some of the person،In this cases if the person under care dameges to another , the person that care of this person is responsible،In French law the article 1384 of civil law has pointed to the liability of the parents، In Iranian law, the article 7 of tort law has pointed to liability of guardian of infant and mad،But it is imaginable that the other persons need the care like the persons blinds or the prsons weaks or the persons ills that theire guardians whether natural person or legal person are responsible, that it has been pointed in other systems but in Iranian law there is no compensation ، It seems that it is possible the designing the rule of the liability of the guardian of the acts of the persons under care that comprativly is be studied in this article.
Mehrzad Ebdali
Abstract
The subject of Product liability is concerned with collections of the rules in which the producers are treated liable for personal injury or property damage caused by a product during use or consumption. Although in some different legal systems it has been made an effort to discover the legal, economic ...
Read More
The subject of Product liability is concerned with collections of the rules in which the producers are treated liable for personal injury or property damage caused by a product during use or consumption. Although in some different legal systems it has been made an effort to discover the legal, economic and social dimensions of manufacturer`s liability for defective products in traditional context, and in doctrine and legal precedents there have been continuously an analysis of it. But the industrial and legal-economic situations nowadays involve codifying the rules and laws governing on such liability. The article shows that product liability has not developed as far as in Iranian act on production of consumer`s rights as it has in EU product liability directive 1985 and French product liability 1998.
The study of Iranian act of protection of consumer`s rights shows that the concept of consumer has been defined as buyer and manufacturer`s liability for protection of Buyer`s rights is based on contractual liability, but manufacturer`s liability for protection of third persons is based on tort. It is clear that the distinction between them is not correct and the consumer`s rights have not been as protected as necessary.
Amir Hossein Javanbakht
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 ...
Read More
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
Somayye Nikoyee
Criminal Law
samira ahmadiyanmoghaddam; abbas samavati; farid mohseni
Abstract
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children ...
Read More
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children from deviance, warning, order to pray, enjoining right and forbidding evil, and the patience of the parents in performing these tasks in a completely fluent and practical way.
In this research, using the descriptive-analytical method, while expressing a set of parents' duties including their acts or omissions based on law; Islamic Jurisprudence and teachings, the types of incentive and/or deterrent sanctions and punishments are explained. Important and valuable steps have been taken in the protection of children and adolescents such as: passing the Law on the Protection of Children and Adolescents (2019), Anticipating regulations that refer to some of the basic principles of the Convention on the Rights of the Child, including the right to life, participation, and protection of people under 18 years, Anticipating the duty of providing information for the organs, government institutions and media about the rights of children and adolescents, attracting the attention of citizens and activists in the field of children and adolescents rights and pointing out negligence towards children and its criminalization and anticipating provisions that refer to some of the basic rules contained in the Convention, including the prohibition of torture and identification of legal personality.
the lack of provisions related to gender issues and discrimination, as well as immunity for parents who violate children's rights or the exemption of parents from certain punishments due to the Article 9 of this law regarding the commission of some negligent crimes against children; are among the loopholes of this law.
Criminal Law
mohammad yaghobi zarandini; Saeid Ghomashi; Ali khodadi
Abstract
Structural Fields Of Judicial Crimes In Judges Of IranAbstractThe commission of judicial crimes by judges expresses the existence of defects in the judiciary and the personality of the judge. By dividing these objections into structural and individual, it seems that the impact of structural factors on ...
Read More
Structural Fields Of Judicial Crimes In Judges Of IranAbstractThe commission of judicial crimes by judges expresses the existence of defects in the judiciary and the personality of the judge. By dividing these objections into structural and individual, it seems that the impact of structural factors on the occurrence of such types of crime is more than individual factors. The structural elements are intended to cover a wide range of issues related to employment, training, pay and benefits, and how to manage the judiciary. In this research, in addition to the documentary method, by conducting qualitative interviews and conducting questionnaires from 130 judges of the judiciary, the structural contexts of the crimes committed by judges of Iran were comprehensively and objectively analyzed and criticized. During that time, suggestions will be submitted. Based on this, proper selection and election, useful training, essential in-service training, strengthening of judicial independence, the preservation of elites and qualified judges, increasing job attractiveness, along with transparency and accountability of the judiciary, are effective in maximum decrease of crimes in judges of Iran.Keywords: Judicial crime , Judicial corruption , White collar offender , Structure
Mehdi Konour Tabrizi
Private Law
sajjad shahbaz ghahfarrokhi
Abstract
After adopting the theory of contributory negligence and dismissing the All-or-Nothing Rule, the issue of how to determine the extent of loss and victim fault was raised in fault-based civil liability. The key question is whether there is a difference between the defendant's fault and the plaintiff's. ...
Read More
After adopting the theory of contributory negligence and dismissing the All-or-Nothing Rule, the issue of how to determine the extent of loss and victim fault was raised in fault-based civil liability. The key question is whether there is a difference between the defendant's fault and the plaintiff's. If the same act has been done by both sides and the other essential elements are the same, should the responsibility be equally shared by the two perpetrators, regardless of whether they are plaintiff or defendant? The European principles of civic responsibility and the prevailing theory of common law have adopted a "symmetrical approach to victim and defendant's behavior in determining each one's fault" and equally, have considered the standard of reasonable care in evaluating their behavior. This view has been tempered in various ways and certain exceptions have been made to it in the Common law legal system. Similarly, from the point of view of economic analysis and moral criticism, there are some objections to this theory. This view, despite its popularity, seems to have left much criticism unanswered. In depicting an apt theory to address this issue, it will count as a step forward to explain and criticize the mainstream theory.
Hasan Ghasemi
Business Law
Ali Rezaee
Abstract
Governments have recently incorporated foreign investment treaties into a so-called “Non-Precluded Measure Clause ", which permits action contrary to the provisions of the treaty in cases where the protection of essential interests is necessary. In this descriptive-analytical method, this article ...
Read More
Governments have recently incorporated foreign investment treaties into a so-called “Non-Precluded Measure Clause ", which permits action contrary to the provisions of the treaty in cases where the protection of essential interests is necessary. In this descriptive-analytical method, this article outlines the most important challenges and explains the ways to eliminate or reduce them. The most important findings of the study indicate that the government's authority in practice was not absolute, but observable. The host government must impartially resort to this clause and is always obliged to respect the good faith towards another party. Despite the disagreement expressed in the liability of the host States, the dominant approach of dispute settlement tribunals is to compensate the investor in proportion to the loss incurred by him. Governments have recently incorporated foreign investment treaties into a so-called “Non-Precluded Measure Clause ", which permits action contrary to the provisions of the treaty in cases where the protection of essential interests is necessary
Criminal Law
afshin abdollahi
Abstract
In order for an act to be recognized as a crime, its necessary explicitly to be mentioned criminalization and punishment in a legal article so that the people's task is clear. However, sometimes the legislature uses criminal referral for certain reasons and to determine the punishment, refers to the ...
Read More
In order for an act to be recognized as a crime, its necessary explicitly to be mentioned criminalization and punishment in a legal article so that the people's task is clear. However, sometimes the legislature uses criminal referral for certain reasons and to determine the punishment, refers to the punishment of another crime. This method of determining punishment, although in Ta’azirats, due to government requirements, it is somewhat acceptable, but in remittance to the punishment of Haad hesitates persons, that is the subject of this article. In this regard, this article with a descriptive-analytical method, has examined possibility of referraling some actions with the intention of overthrowing the regime or confronting the government to Haad punishment and in the end this result was achieved that criminal referral to Haad punishment is some extent against the grounds of criminalization of Haad crimes, criminal law principles and jurisprudential rules. Therefore, it is necessary, separately, the legislature should anticipate these acts in the form of Ta’azirats offenses.
Criminal Law
Sadegh Tabrizi; Hassan Alipour; Mohammadreza Elahi Manesh
Abstract
Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. ...
Read More
Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. The connection between the two forms the computer platform and the sphere of information and communication technology, and the principle of proportionality should be interpreted according to this feature. The principle of proportionality in data seizure means balancing the four elements of the need for seizure, the importance of the data and the system, the relationship of the data or system to the crime, and the relationship of the data or system to the data and other systems. The present article, using library resources and judicial decisions, has tried to show in a descriptive and analytical way that the appropriateness of confiscating data and systems is comparable to confiscating the platform of activity and not confiscating property or documents and has reached this conclusion. The appropriateness of confiscating data and computer systems relies In addition to relying on approaches based on the requirements of traditional space, such as the application of precautionary measures to respect the rights of society and the victim and the requirements of cyberspace Like understanding the place of computer exchange space in today's activities, she has also paid attention to protecting the rights of the accused.
