Research
Jurisprudence and Law
Hussein Aghaei Janatmakan
Abstract
The purpose of this paper is to investigate how to form substantial and procedural international criminallaw through the judicial procedure of international criminal courts. International criminal law is a new discipline, the stem of which is in international and criminal law, and it has not been established ...
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The purpose of this paper is to investigate how to form substantial and procedural international criminallaw through the judicial procedure of international criminal courts. International criminal law is a new discipline, the stem of which is in international and criminal law, and it has not been established until the Nuremberg trials. The Nuremberg court judgment in 1946, which was called Nuremberg principles, was the first decision to base the important principles governing over the international criminal law. Other courts that have been formed after the Nuremberg court also issued some verdicts which deserve to study. Judicial procedures in private courts such as ICTY and ICTR provide the greatest sources for substantial criminal law and also have had a significant effect. The current study aimed to analyze these judicial procedure. It is clear that the judicial procedure has a significant effect on the forming of international criminal law and approving the ICC status which was approved in a short time after the beginning of the private courts. Simultaneously, the author has a critical look at the book International Criminal Law in Jurisprudence in which this issue is highlighted.
Research
Jurisprudence and Law
sayyed hosain aletaha; Aref Bashiri
Abstract
Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the ...
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Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the society, they will achieve the exaggeration that God has made obligatory to defend. One of these crimes is the threat of extortion of the publication of honorary documents, and the question of the present research is whether the defense of the victim of his integrity against the threat of extortion can be documented in the legitimate defense of jurisprudence and law. Despite the fact that this look has always been the subject of the jurisprudence of elders, it is a serious reflection of the fact that not only the Islamic Penal Code, but also legal analysts have neglected the importance of the lawsuits of the tribunals. In this paper, in order to prove the theory of research based on the accuracy of the criticism of the Islamic Penal Code, the nature of the legitimate defense in the jurisprudential and legal material has been analyzed. It was found that the initiation of extortion is a kind of invasive attack against the integrity of the wage and the defense of the defendant. In addition, it is not permissible and responsible to convey the objection of failure to observe the general rules of jurisprudence, but the title of legitimate defense against such an offensive is correct.
Research
Jurisprudence and Law
Ali Asghar Esmaili Far; GholamHossein Massoud; Mohammad Kazem Emadzadeh
Abstract
The deferment of bank’s claims and the impossibility of collecting or delaying their receipt can be considered as a clear violation of banking Achilles. The range and prolongation of this situation could jeopardize the power of paying banks and, ultimately, their bankruptcy, and the bank’s ...
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The deferment of bank’s claims and the impossibility of collecting or delaying their receipt can be considered as a clear violation of banking Achilles. The range and prolongation of this situation could jeopardize the power of paying banks and, ultimately, their bankruptcy, and the bank’s bankruptcy is a comprehensive crisis in affairs. Financial and economic conditions of the country, systematic corruption, non-compliance with regulations, regulatory failure, lack of specific judicial and executive procedures, and inefficiencies of the judiciary are among the most important causes of this problem in the banks. Solving this problem requires a comprehensive and scientific approach to banking in Iran. The ambiguities and complexities of the ruler’s regulations and jurisprudential attitudes toward issues of inherently legal rights or the provision of legal-jurisprudential solutions for matters that are not in the realm of rights have doubled the problems.
Research
Jurisprudence and Law
Afshar Akbari; Wali Rostami; Faramarz Atrian
Abstract
Authorities and courts, dealing with complaints and disputes arising out of different disputes within a community, form a part of the legal system of that community. These authorities are usually created by legal mechanisms and are responsible for handling and adjudicating disputes and voting against ...
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Authorities and courts, dealing with complaints and disputes arising out of different disputes within a community, form a part of the legal system of that community. These authorities are usually created by legal mechanisms and are responsible for handling and adjudicating disputes and voting against them. Some of these authorities have jurisdiction to handle specific disputes and disputes that are known as proprietary. It is important to take responsibility for the lawsuit against the government because of the high power and authority of the government over private individuals and how to prove it. Therefore, in this article, we review the legal system of the civil liability status of the government and the competent authorities dealing with its claims in Iranian law by comparing UK law. The government’s civil responsibility has made it a turning point in the Iranian legal system.
Research
Jurisprudence and Law
Mohammad Mahdi Alsharif; Seyyed Mohsen Ghaemfard
Abstract
It is easy but rigorous to compile an educational textbook. In such books, requirements of educational texts should be responded alongside matters such as the accuracy and solidity of the principles, the avoidance of inconsistencies, which are essential in the compilation of any textbook. The requirements ...
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It is easy but rigorous to compile an educational textbook. In such books, requirements of educational texts should be responded alongside matters such as the accuracy and solidity of the principles, the avoidance of inconsistencies, which are essential in the compilation of any textbook. The requirements of any educational texts are as follows: fluency, the logical order of topics, avoidance of turbulence, garrulity and hyper-brevity, considering the audience perception, using many illustrative instances, the inclusion of all significant matters and exclusion of unnecessary topics at the same time, description of key concepts and terms before applying them and motivating for deeper studies. Despite some worthy features, the book, written by Hasan Rahpeikar considered in this article, has not been successful enough in some foregoing areas. The text is not that much fluent and eloquent. The gradual order of the topics has not been held from major to minor ones. There are some necessary headlines completely missed in the text and some others, which have been briefly expressed so that it is not smooth and lucrative enough for beginner readers. The book is garbled in terms of some fundamental and substantive issues like fault and basis of civil liability. Overall, in spite of its excellency, the book is needed to be revised and edited in order to be applied as an educational textbook. Beside the revisions in the context and legal analysis, it iss required to be revised in terms of formal issues and compiling roots.
Research
Jurisprudence and Law
Bagher Ansari
Abstract
Establishing the Human Rights Course in Iran has formally accomplished in 1993 by the enrollment of applicants in four universities. Now, its relation to Islamic thoughts is one of the main questions in this course. If the status of syllabuses, students, theses, research, educators, and resources indicate ...
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Establishing the Human Rights Course in Iran has formally accomplished in 1993 by the enrollment of applicants in four universities. Now, its relation to Islamic thoughts is one of the main questions in this course. If the status of syllabuses, students, theses, research, educators, and resources indicate that there is proper interaction between this course and Islamic thoughts or they have contradictory relations. How can we strengthen their interactions? This article intends to, firstly, describe content and method of Human Rights Course and its Islamic thought embodiments, as formally defined and practically applied, then it compares the results with the main-stream and well-known thoughts regarding human rights. Finally, it proposes some suggestions for a better interaction between them.
Research
Jurisprudence and Law
Hussein Javan Arasteh
Abstract
The “Requirements of Constitutional Law” written by Seyyed Abolfazl Ghazi Shariat Panahi, is a summary of the book “Constitutional Law and Political Institutions”, which presents the most important issues related to the generalities of constitutional law in accordance with the ...
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The “Requirements of Constitutional Law” written by Seyyed Abolfazl Ghazi Shariat Panahi, is a summary of the book “Constitutional Law and Political Institutions”, which presents the most important issues related to the generalities of constitutional law in accordance with the bachelor’s degree in law and political science. The author’s scientific rank, on the one hand, and the high status of the book and its public acceptance among lawyers and the academic community, on the other hand, make this book worthy of criticism. This article has been written with the aim of identifying the strengths and weaknesses of the book as “educational text of constitutional law” and the method of critique is citation-analysis in the framework of methodical critique, formal critique, content critique. The results show that the analyzed book is commendable in terms of scientific level, accuracy, conciseness, educational approach, fluent writing, volumetric proportion of speeches, deserves praise, but it requires more attention in explaining some topics such as the subject of constitutional law, sources of constitutional law, individual rights and public freedoms, concentration and also too much focus on the constitutional law of Western countries. Furthermore, the book seems weaker in terms of structure and the titles’ arrangement than " Constitutional Law and political institutions."
Research
Jurisprudence and Law
aliabbas hayati
Abstract
The Civil Liability Act, the articles of which are mainly adapted from the Swiss Obligations Act, was founded in 1339. After the victory of the Islamic Revolution, due to the change of approach and attitudes about the rules regarding coercive guarantees, the enforcement of some of the articles in the ...
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The Civil Liability Act, the articles of which are mainly adapted from the Swiss Obligations Act, was founded in 1339. After the victory of the Islamic Revolution, due to the change of approach and attitudes about the rules regarding coercive guarantees, the enforcement of some of the articles in the Civil Liability became doubtful. This skepticism necessitated a review of the current status of the law to determine first, which articles of the law were obsolete; Second, what the weaknesses or shortcomings of the materials are that still need to be enforced; and third, what the attitude of the courts to the rules and regulations of this law is. The research method is library-based, and the results of this research can be summarized as followed: what has been said about compensation for arched damages and compensation for the costs of the burial of the deceased in Article 6 is obsolete. Granting joint and several liabilities in Article 12 for workers who have incurred collective damages has no rational justification, and the jurisprudence in enforcing the provisions on compensation for moral damages, as well as the implementation of these provisions in Articles 4 and 5 show delay.
Research
Jurisprudence and Law
Hoosein Heirani; Mahdi Hamidi; Mahdi Sahafzade; Mahdieh Nasrini
Abstract
Like most countries with oil and gas reserves, Iran has sought to maximize its domestic share in international oil contracts by adopting different policies and laws. Nevertheless, these policies have always faced challenges in formulating and implementing them, resulting in the failure to fully realize ...
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Like most countries with oil and gas reserves, Iran has sought to maximize its domestic share in international oil contracts by adopting different policies and laws. Nevertheless, these policies have always faced challenges in formulating and implementing them, resulting in the failure to fully realize the goal of enhancing domestic share in international treaties. This article reviews the barriers and challenges of formulating and implementing policies, laws, and regulations to improve internal sharing, and attempts to provide solutions to the identified barriers. The paradigm of this research is interpretive, and it can be considered as an applied research from the objective point of view. The approach of this study is inductive and qualitative, and its database strategy is considered. Data collection is done through library studies, upstream legal analysis and documentation, analysis of semi-open interviews with oil exploration and production companies (E&P), oil contractors and service companies (OSC, EPC), and oil industry equipment makers relying on thematic analysis model. Identification of related challenges and strategies is discussed. The results of this research divide the set of challenges into three categories: macro and executive policy challenges, corporate challenges, and contract and tender challenges.
Research
Jurisprudence and Law
Mustafa Daneshpajooh
Abstract
Some of the articles of Iran's international private law concerning the conflict of laws,which are reflected in articles 5 to 10 in the first volume and 956 to 975 of the second volume of the Civil Law, have suffered from at least one of the following problems: 1) uncertainty and brevity of some articles ...
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Some of the articles of Iran's international private law concerning the conflict of laws,which are reflected in articles 5 to 10 in the first volume and 956 to 975 of the second volume of the Civil Law, have suffered from at least one of the following problems: 1) uncertainty and brevity of some articles and the differences in judicial interpretations: these ambiguity and brevity of some articles lead to different scientific and legal interpretations and therefore, conflicting judgments. It seems that the arguments of the holders of these views are not strong enough to force the proponents of competing viewpoints to accept them. The interpretation of 'reduction of the lower grade' mentioned in article 973 of the Civil Law can be enumerated as one of the examples of these cases. After decades of legislation, the continuation of this situation seems unreasonable. Clearly, the problem with scientific interpretations cannot be solved by convention and consensus like administrative problems. So, it is necessary to solve this problem basically by logical and judicious interpretation and analysis of this case, revision in some related legal articles and clarified rewriting of these controversial articles. 2) The legislation problem: some other articles, assuming the clarity and lack of ambiguity, are suffering from the problem of non-compliance with legislative logic in the Islamic Republic of Iran. For instance, they are not benefitted from full compliance with Islamic teachings as much, and the duty of protecting Iranian nationals is not taken into consideration as well. The single article approved in August 1933 related to the personal status of non-Shia Iranians and articles 6, 7, 963 to 965 of the Civil Code are examples of such cases. This paper aimed at explaining some of these problems and proposing amendments concerning these articles.
Research
Jurisprudence and Law
SayyedMohammad Razavi; Sayyed Ali Razavi; Rasul Rafiee
Abstract
The foundations are the basis of the structure of reasoning in theoretical discussions. Therefore, adopting the basics in each issue establishes a different result. This is reflected in the substantive civil rights discourse, which is largely based on Islamic jurisprudence. One of the major drawbacks ...
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The foundations are the basis of the structure of reasoning in theoretical discussions. Therefore, adopting the basics in each issue establishes a different result. This is reflected in the substantive civil rights discourse, which is largely based on Islamic jurisprudence. One of the major drawbacks of previous writings that contemporary jurists have sought to resolve is the separate public rules from proprietary rules. Dr. Katuziyan is one of those who attempted to do this by writing the general rules of the contract. Despite a worthy and commendable effort in his books, the textbooks of law courses at universities in Iran are not devoid of the mentioned forms and the general rules which are also found in the specific rules. This is not a problem itself, and all the discussions and content take much time and work to get to maturity. What seems as a disadvantage is the failure to adopt a single foundation and, as a result, construct multiple buildings on the same issues. This article discusses some of these anxieties.
Research
Jurisprudence and Law
ehsan shahsavari; Mehdi Hatami
Abstract
Consular protection is a mechanism for protecting the rights of nationals deprived of liberty in foreign countries. The state-oriented reading of this phenomenon does not provide a comprehensive obligation to protect the nationals and make it a matter of discretion for the concerned state. A fundamental ...
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Consular protection is a mechanism for protecting the rights of nationals deprived of liberty in foreign countries. The state-oriented reading of this phenomenon does not provide a comprehensive obligation to protect the nationals and make it a matter of discretion for the concerned state. A fundamental shift of international law and moving toward elementary considerations of humanity and the priority of human rights protection highlights the need for a dynamic reading of this phenomenon. Due to the increasing number of Iranians moving to foreign countries and the probability of undermining their rights by the host state, it is essential to verify the legal basis and practice of Iran in this matter. The aim of this article is to examine the evolution of consular protection in the context of VCCR, preliminary negotiations for the preparation of this convention, and precedent and legal doctrine. Considering Iran, the existing legal bases are incomplete and critical and do not provide decisive support to Iranian nationals. The practice of the state and the political will to comply with these legal obligations are critical, and the need for active involvement in this matter is felt.
Research
Jurisprudence and Law
Naser Ghasemi
Abstract
Medicine is a science that human beings have accepted for a long time, felt its necessity on people’s lives, and used it a lot. Among these applications is the intersection of medicine with the very important subject of judgment and various legal issues such as Forensic Medicine. In other words, ...
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Medicine is a science that human beings have accepted for a long time, felt its necessity on people’s lives, and used it a lot. Among these applications is the intersection of medicine with the very important subject of judgment and various legal issues such as Forensic Medicine. In other words, Forensic Medicine is rooted in ancient times and ancient civilizations such as Sumer, Babylon, especially the Hammurabi era and among nations, especially ancient Iran. Time has also brought about significant changes in this area. Since the beginning of the twentieth century, various sciences such as medicine have achieved significant growth and prosperity; forensic medicine has evolved along with these advances and has enjoyed a very important place in both theoretical and practical dimensions in all countries. Benefiting from this science means applying medical knowledge in various fields, including social, medical affairs, as well as law and justice that the latter realm is the most important one because, on the one hand, it has linked medicine, jurisprudence, laws, and regulations to each other, and on the other hand, it has led to connections between specialists in various medical fields and related fields with the judiciary and lawyers. Relying on specialized theories and legal criteria, Forensic Medicine answers various questions, ambiguities, and challenges related to different civil and criminal matters about individuals and their circumstances, including suspicions, damages, and defendants through liability, damages, and penalties, legal issues, accidents and crimes occur, the rights of individuals and society, the strengthening of scientific knowledge of judges, researchers and law students and also it helps a lot and in order to perform its duties to prepare certificates and reports and provide effective advice.
Research
Jurisprudence and Law
Mahmoud Kazemi
Abstract
The implementation of the practical principles of inference of religious ruling is in cases where there is no religious reason. The authority of the principles is often a Shari’a ruling, and its provisions are proved by providing the rules, although sometimes the principle applies to the issue ...
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The implementation of the practical principles of inference of religious ruling is in cases where there is no religious reason. The authority of the principles is often a Shari’a ruling, and its provisions are proved by providing the rules, although sometimes the principle applies to the issue of Shaia’s ruling. In this case, the real existence of the subject is not proved by the flow of the principles because existence and non-existence of the subject are revolutionary affairs, and they cannot be falsified by the Shari’a ruling. The principle has been reassumed in order to regulate the effects of the Shari’a on the subject, and its Shari’a ruling is established. If that subject has rational and ordinary supplies and Shari’a ruling is ordered on them, Shari’a ruling will not be proved through the main course of those supplies, since the rational and ordinary means which are real and formative follow the real existence, not the devotional and hypothetical existence. This issue is investigated as a positive principle. Outstanding people believe that the principle of affirmation of ordinary and rational devices is not the subject, and the religious ruling is not appropriate for it. This argument has been of great importance in inferencing the sentences. In this article, an attempt has been made to explain the history and principles of its lack of authority while explaining this principled rule.
Research
Jurisprudence and Law
Seyyed Hadi Mahmoudi
Abstract
Space law is one of the newest and most innovative branches of international law, and along with the activities of space since the 50's, the relevant legal provisions have also been developed, and, in this regard, numerous books and articles have been published in the West. However, Persian legal literature ...
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Space law is one of the newest and most innovative branches of international law, and along with the activities of space since the 50's, the relevant legal provisions have also been developed, and, in this regard, numerous books and articles have been published in the West. However, Persian legal literature has been slow and inactive. Among the few efforts is the book "International Space Law" by Hussein Navadeh Toupchi. The book includes a variety of sections, including the international law governing space, the legal aspects of space technology, the status of earth orbits, the environmental law, responsibility, dispute settlement and arms control. He attempted to explain each subject in a critical and analytical manner. The present paper, while introducing and editing the contents of the book and its privileges, tries to address the book’s downsides fairly and specifically addresses issues not addressed in the book.
Research
Jurisprudence and Law
SayyedFazlolah Mousavi; Naser Bagheri Moghaddam; Ghazaleh Taheri Attar; Sayyed Mahdi Cheheltani; Meysam Davari
Abstract
Observance of the rights of citizens and pursuing their problems is one of the essential duties of governments. Today, no country can afford the necessary support to pursue the rights of its citizens. This becomes even more important when the rights of citizens of one country are violated by other countries ...
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Observance of the rights of citizens and pursuing their problems is one of the essential duties of governments. Today, no country can afford the necessary support to pursue the rights of its citizens. This becomes even more important when the rights of citizens of one country are violated by other countries or violated in international conflicts. For analyzing this violation, in the first part of this article, the activities of the Government of the Islamic Republic of Iran up to this date will be examined. In the second part, the outlined approaches for legal follow up of the case of the chemicals are summarized, and in the third part, the policy implications of their follow up based on the policy cycle model are explained, and the role of the Government of the Islamic Republic of Iran and the private sector in each stage of the policy division for legal prosecution of this case will be elaborated. Finally, by using the case study method, the legal requirements for legal follow-up of this case are outlined, and necessary policy strategies will be developed to succeed in this special case.
Research
Jurisprudence and Law
Seyed Alireza Mirkamali
Abstract
In order to protect the family and prevent its dissolution, the Iranian legislator passed the Family Protection Law in 1391 and required the registration of marriage to support the family, woman, and children. In this context, there are criticisms of the temporary marriage. Despite the fact that this ...
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In order to protect the family and prevent its dissolution, the Iranian legislator passed the Family Protection Law in 1391 and required the registration of marriage to support the family, woman, and children. In this context, there are criticisms of the temporary marriage. Despite the fact that this marriage is typically made up of an intentional purpose, not a tribe, in some cases, as in the case of permanent marriage, we may encounter the concept of the family, in such a way as not to resort to criminal law. The law provides for the custodial guarantee, in the absence of permanent and temporary registration of marriages, in only three cases of wife’s pregnancy, the agreement between the parties, and the existence of a condition for marriage. The failure to set a proper deadline for registering the marriage, to exclude punishment for a man, as well as a couple’s obligation to register the marriage, is a woman who is pregnant while the fetus may be aborted later this year. These are the challenges which are investigated in the present article.
Research
Jurisprudence and Law
Seyyed Hassan Vahdati Shabiri; Hussein Abdul Hamid
Abstract
The salvation of the injured during the events of the accident is an example of kindness, but the deliberate destruction in damages is guaranteed, so some examples of these two seem contradictory and disturbing in the responsibility of the rescuers. In resolving this misunderstanding, it may ...
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The salvation of the injured during the events of the accident is an example of kindness, but the deliberate destruction in damages is guaranteed, so some examples of these two seem contradictory and disturbing in the responsibility of the rescuers. In resolving this misunderstanding, it may seem that my public and private relations are subject to two rules of contradiction both in common and in reference to the general and absolute arguments necessary for compensation. However, this attitude can be criticized, so the Ehsan rule, especially in cases of emergency relief, may imply a conviction of the rules imposing a guarantee, thereby removing legal gaps to ensure relief workers are exempt from their liability in cases of deliberate destruction or rescuers’ property is a must. The view of some other legal systems, such as the United Kingdom, expresses a kind of social necessity in today’s world to provide relief from the responsibility of rescuers in such cases. Therefore, the appropriate doctrine of enacting laws in this area is also affected by the ambiguity or gaps in the original sentence and is proposed as a rule of a secondary or affecting social necessity today.
