International Rights
Zahra Rahimi; Reza Rashidi
Abstract
The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary ...
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The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary in principled or dogmatic method, prefers political considerations and interests of the country over legal requirements. The second method, which is termed as legal method or appropriate selection, considers the verdict that is scientifically suitable for any legal issue. Also, private international law and international conventions have incorporated several rules to resolve the conflict of laws. Among them, we can refer to the rule of conflict resolution with main and secondary communication factors, the rule of conflict resolution of laws with main and secondary communication factors, the rule of plural conflict resolution, the rule of alternative conflict resolution, the rule of dissociative conflict resolution and the rule of conditional conflict resolution. It is the laws and regulations that discuss the non-domestic legal relations of nationals of countries and how to apply legal regulations to these nationals in terms of the jurisdiction of laws and courts. One of the most important issues related to private international law is the conflict of laws that occurs when a private law relationship to The reason for the intervention of one or more foreign factors is related to two or more countries. In this research, we examine the general conflict of laws and the issues raised in the conflict of laws in Iran's private international law
Private Law
Reza Rashidi; Zahra Rahimi
Abstract
The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from ...
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The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from a defense lawyer during the preliminary investigation and trial stages. The presence of a lawyer has been considered in all the past periods. Accordingly, in Article 35 of the Constitution, this matter has also been taken into consideration by the legislator. considered it subject to the prescription of the court, but the lawmaker in the Criminal Procedure Law of 2012 clearly stated the right to have a lawyer in all stages of the proceedings. The company of a defense lawyer is accepted in all the stages of the proceedings in the regulations of most countries of the world, and this right has undergone many changes in the laws before and after the revolution in our country. The criminal procedure approved in 1392 has been analyzed and evaluated with a comparative comparison with the French criminal law in different stages of the trial, including the stage under observation, the prosecutor's office and the court, and in other parts of the research, the position of the lawyer in human rights documents has also been examined from the point of view of critical criminology. And finally, the important innovations in the field of lawyer's intervention, which the legislator predicted for the first time in the said law, have been addressed; And at the end of this research, the Criminal Procedure Law of 1392, with all its problems and shortcomings, was much more progressive than the previous laws and better respected the defense rights of the litigants. Involving the lawyer in all crimes and predicting immunity for the lawyer during the defense process. This research, with the help of descriptive method, explains and analyzes the provisions and developments of Iran's criminal procedure law with the perspective of French law
Criminal Law and Criminology
Zahra Rahimi; Reza Rashidi
Abstract
Today, the judicial policies of numerous legal systems are aimed at declining the courts’ workload and taking effective action by resolving issues, lawsuits and disputes of individuals in other sectors. Many efforts have been thus made in the legal system of the Islamic Republic of Iran. One of ...
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Today, the judicial policies of numerous legal systems are aimed at declining the courts’ workload and taking effective action by resolving issues, lawsuits and disputes of individuals in other sectors. Many efforts have been thus made in the legal system of the Islamic Republic of Iran. One of the most prominent ways to obtain this goal is to emphasize the preparation of documents in notaries. Given that notaries are one of the legal authorities in the preparation of official documents in relation to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without going to court, plays a significant role in line with this goal. The most important goal that is pursued in the regulation of any document is its implementation. Undoubtedly, official documents have significant advantages than the other documents, including the contents’ validity and of these documents, their inviolability by third parties to the document, their enforceability and capability. Likewise, their implementation without referring to the judiciary and thus reduce the work of the justice courts. These privileges and effects of notarial deeds have led the legislature to formulate various laws and regulations, and as a result, have extended particular performance guarantees for the rapid implementation of the provisions of notarial deeds.
Private Law
Zahra Rahimi; Reza Rashidi
Abstract
In terms of registration status, lands and properties are in one of the unknown cases of registered as current (i.e., in registration process), or registered ownership, and in each of these situations, particular claims account for the highest percentage of cases. These lawsuits consists of ownership ...
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In terms of registration status, lands and properties are in one of the unknown cases of registered as current (i.e., in registration process), or registered ownership, and in each of these situations, particular claims account for the highest percentage of cases. These lawsuits consists of ownership proof, expropriation, obligation to prepare an official document, disputes over boundaries, aggressive possession and conflicting transactions and fraud, etc. The main reasons for these disputes and lawsuits should be in factors such as the high level of unknown property of registered owners, non-monopoly of transactions through official documents, interpretations contrary to the philosophy and purpose of the registration law, the unlimited role of real estate companies in related transactions that should be searched for lands and properties, as well as the marginal role of notaries and the lack of a new registration system.
