Original Article
Real Estate Registration Rights
Seyyed Mohsen Razavi Asl
Abstract
Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except ...
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Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except in cases where the confirmation of the transfer- The giver or the decision of the judicial authority from the transferee of the transferee's request for registration is accepted - on the condition that the right of restitution expires and the transferee's ownership is certain and no objection is received - it is clear that the legislator of registration, transactions with the right of restitution is not included in the transfer of ownership transactions, and this issue indicates that in the registration law, transactions with the right of return and specifically, examples such as conditional sale, are not considered among the transfer of ownership items. Therefore, in this research, which was carried out with a descriptive-analytical method and a library method, this issue and the necessity of preserving the public interest from the point of view of the registration law, considering the prevalence of such transactions in the society, has been investigated, and such a result It has been concluded that although according to Iran's civil law and the opinions of Shia jurisprudence scholars, conditional sale and other types of transactions with the right of restitution are valid contracts, However, in order to protect the public rights of the people of the society and to prevent the abuse of the benefited people and the exploitation of the needy class of the society, according to the provisions of Article 33 of the Registration Law, the legislator has decreed that in the case of real estates that are subject to transactions with the right of restitution, even in If the return deadline has expired and the property is in the hands of the transferee, the transferor's request for property registration will still be accepted.
Original Article
Public Rights
Mohammad Javad Hosseini; Iraj Hosseini Sadrabadi; Mojtaba Hemmati
Abstract
The transition from autocratic governments and the movement of societies towards accepting the role and will of the people in managing public affairs and ruling over their own destiny will lead to the emergence of the idea of democracy, and this paradigm has accepted many changes and developments in ...
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The transition from autocratic governments and the movement of societies towards accepting the role and will of the people in managing public affairs and ruling over their own destiny will lead to the emergence of the idea of democracy, and this paradigm has accepted many changes and developments in the long run of time to guarantee the participation of the people in the society. . One of the new types of democracy is participatory democracy, which relies on and emphasizes the continuous activism of citizens in the administration of public affairs and transforms them from merely electing public officials to participants in the administration of public affairs. In participatory democracy, people's participation goes beyond elections, and in the field of urban life and issues such as how to plan and prioritize public budgets, how to organize urban construction affairs, how and how to prepare and pass laws and regulations, public policies, direct intervention of citizens and They are continuous and monitor the performance of public officials. This type of democracy requires creating freedom in accessing administrative documents and information, surveying people and recognizing the right to participate in all public areas of society for them. In this article, in a descriptive and analytical way, using library sources, it has been used to draw the face and explain the principles and roots of participatory democracy
Original Article
Criminal Law and Criminology
Ismail Qamari; Nahid Moradizadeh
Abstract
Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, ...
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Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, the general policy of Iran's legal and social context must rely on Islamic codes; the legislator has placed Sharia wearing under legal (criminal) protection. The presuppositions based on state social responsibilities to protect structural values, their observance, and preserve social ethics as macro-principles, and belief in hijab preventive side of victimization in some crimes, awareness, and security provision in females as a psychological basis in wisdom foundations, prompted the legislator to link female hijab with criminal law. Through descriptive and analytical analysis, this article examined legal principles of criminal intervention for hijab through verses, traditions, and legal sources. Based on the results, hijab sharia ruling has a social entity examined by legal requirements. The essential basis for hijab in administrative law is recruitment regulations and relevant conditions, while non-hijab is a violation resulting in discretionary correction. Having no hijab is not inherently criminal in civil rights (under other criminal titles), and its criminal examination is incorrect with religious, political, and social outcomes. Accordingly, legal and judicial system of Islamic Republic of Iran should observe non-hijab as a social harm
Original Article
Criminal Law and Criminology
Ismail Qamari; Hoda Ghamari
Abstract
The principle of universal jurisdiction of criminal laws is one of the most important principles in determining the jurisdiction of countries and criminal laws. According to this principle, any country can, without any traditional relationship with the crime of preventing the citizenship of the criminal ...
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The principle of universal jurisdiction of criminal laws is one of the most important principles in determining the jurisdiction of countries and criminal laws. According to this principle, any country can, without any traditional relationship with the crime of preventing the citizenship of the criminal or the defendant against the place of the crime or the interests of the country, be harmed, in order to keep the criminal unpunished, pursue and punish him. Although most countries in the world today have not recognized this principle, but very few of them have actually taken action to implement it, and this is important due to international conventions and treaties that in the event of a crime, despite the fact that the perpetrator is not a citizen of that country's "territorial jurisdiction" or "personal jurisdiction" or that the crimes are not represented by the criminal laws of the country of detention
Original Article
Public Rights
Rana Gaini
Abstract
Sometimes a private law relationship is related to two or more countries due to the involvement of one or more foreign factors. In such cases, the judge of the court headquarters must determine which of these countries' laws apply to the legal relationship by referring to the conflict of law rules. will ...
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Sometimes a private law relationship is related to two or more countries due to the involvement of one or more foreign factors. In such cases, the judge of the court headquarters must determine which of these countries' laws apply to the legal relationship by referring to the conflict of law rules. will rule In fact, the purpose of the competent judge to refer to the conflict resolution rules of the country of the seat of the court is to find the competent law. When, according to the conflict resolution rules of Iran's laws, a foreign law is recognized as particularly competent in a case, the implementation of that competent law in Iran's closed countries may face two basic obstacles. These basic obstacles are public order, fraud against the law. According to the fact that in Iranian law, public order is considered as part of imperative laws, therefore, its relationship with public interests is such that the principle of sovereignty of the will is worthless against it, and Article 975 of the Iranian Civil Code is the basis of the judge's action regarding the implementation of foreign law. is. In some cases, a person frees himself from the constraints of the law by using the correct legal measures. In fact, the purpose of a person to prepare arrangements that allow the implementation of foreign law on him is to escape from the law of his country
Original Article
Political Science
Parham Pourramezan
Abstract
Until a decade ago, the name of Saudi Arabia for the international community was synonymous with the use of domestic hard power such as executions, the murder of Khashoggi and such things, but for some time now, this country has been able to change its attitude in domestic and foreign policy with a tool ...
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Until a decade ago, the name of Saudi Arabia for the international community was synonymous with the use of domestic hard power such as executions, the murder of Khashoggi and such things, but for some time now, this country has been able to change its attitude in domestic and foreign policy with a tool such as the development of foreign policy. Football reforms and diplomacy should try to improve the image of Saudi Arabia in the minds of the world. Therefore, in recent years, this country has been developing ideas and taking practical measures in line with projects such as Neom, which is more based on the expansionism of the country's foreign policy than it is in line with the internal development of Saudi Arabia. Now, by mentioning this introduction, the main question of this research can be explained by what goals and tools are the development projects of Saudi Arabia in the domestic and foreign arenas? brought up The research method of this article is qualitative and with a descriptive and analytical approach, which can also be used to collect information from articles, books and websites. Since this research is exploratory, we refrain from giving hypothesis. By analyzing the information gathered in this regard, it can be concluded that Saudi Arabia's projects are planned based on unrealities, but it has tried to take steps in this field based on the facts. It seems that this country, despite having abundant energy reserves as well as rich financial resources, will suffer an increasing crisis of identity in the near future in order to raise the level of expectations of the Saudi society
