Private Law
Mary Mirzabeigi
Abstract
During the recording process, despite supervisions and observations, there may be disagreements and mistakes among individuals and registration offices. Thus, solutions have been considered to eliminate the given mistakes. Disputes and mistakes have been determined and introduced by the Supervisory Board ...
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During the recording process, despite supervisions and observations, there may be disagreements and mistakes among individuals and registration offices. Thus, solutions have been considered to eliminate the given mistakes. Disputes and mistakes have been determined and introduced by the Supervisory Board and the High Registration Council (Articles 6 and 25). It is worth to note that these differences and mistakes should be between individuals and registration offices. Otherwise, the mentioned disputes and mistakes in the law are not registered and should be resolved by the other authorities such as the judiciary. The most prominent article of registration law dealing with registration disputes and mistakes is Article 25, which states the limits of competence and duties of the supervisory board and lists the cases and mistakes instances in 8 paragraphs. However besides them, there are countless cases of mistakes in the provisions of registration law, all of which are within the competence of the supervisory board. Mistakes cases may also occur in notary offices, which in the first stage, the relevant notary public is responsible for correcting the mistake, and if it is not within the authority of the notary public, it will be resolved in the registry office and the supervisory board.
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face ...
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Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face and according to Article 190 of the law Civil contracts are concluded and valid, and on the other hand, according to the nature and using the customer's position of weakness when concluding the said contracts, banks impose conditions and obligations on the buyer that distinguish them from other contracts, which are mentioned in the text, the differences It is examined in detail and we also find out at the end that the mention of installment sales contracts in the law of usury-free banking operations should not create the illusion of its monopoly, in other words, the conclusion of such contracts is prohibited in societies outside the banking system if it is not against the propositions of public order and good morals. does not turnResearch method: The current research method is analytical-descriptive of applied type and using laws and regulations and library resources, especially banking laws and regulations.Findings: The meaning of installment sale is the transfer of the same thing at a known price, otherwise, all or part of the said price is received in equal or unequal installments on the due date or due dates.
Family Jurisprudence
Sakineh Kazemi Georgian
Abstract
The small community of family, like a large community, needs a wise and capable manager who can lead this community well and in the case of issues, it is the refusal of speech and so on, particularly females should accept this management. This article aims to examine the nature of couples’ incompetence ...
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The small community of family, like a large community, needs a wise and capable manager who can lead this community well and in the case of issues, it is the refusal of speech and so on, particularly females should accept this management. This article aims to examine the nature of couples’ incompetence that in a library method and by examining verses 34 and 128 of Surah Al-Nesa and studying the references, it has been concluded that God preserves solutions for the family protection to solve the issue in the same family environment and thereby maintain family respect.
Criminal Law and Criminology
Sajjad Momeni
Abstract
The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming ...
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The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming multiple reasons, it is one of the most difficult issues in criminal law, determining the causal relationship between a criminal act and the obtained result, especially in the case of multiple causes, is one of the most difficult issues in criminal law. When several individuals are involved in the crime at various (longitudinal) times and there is a relatively long time gap between the interveners’ behavior and the result (such as murder), this issue sometimes appears as a serious problem and unsolvable dilemma, as well. Article 494 of the Islamic Penal Code explicitly states that; “Abetting is to commit a crime directly by oneself” and refers to Article 492 in the discussion about crimes against the physical integrity, the others’ lives, and in the manner of cooperation in murder commission, as well as in the discussion of cause, the abettor, and its relationship to the contagion in crimes; “A crime is punishable by retribution or blood money if the result is the evidence of the perpetrator’s behavior, whether it is committed directly, through the intercourse, or in their community.” It can be concluded that in premeditated murder, one of the cases that, despite the perpetrator’s intention to kill, can break the citation relationship between the perpetrator’s behavior and the result, is the behavior of the victim. Besides, this behavior by the victim is “intentional or unintentional”, or it is further in the omission form, which can interrupt the citation relationship between the perpetrator’s behavior and the resulting murder.
Criminal Law and Criminology
Elaheh Eslami; Asadullah Movahhedi Ganjineh Ketab
Abstract
In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this ...
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In recent decades, the concept of criminal policy, in its broad legal and socio-political context, has gained attention in continental European countries as a modern system, in contrast to the narrow and equivalent concept of penal policy. Among the studies within this domain, it is noteworthy that this issue has been subject to structural analysis and modeling, taking into account the unchanging elements in any criminal policy, including crime, deviance, governmental response, societal response, and the fundamental and subsidiary relationships between these elements. In this analytical approach, 'crime' is often defined as a violation of necessary legal norms, characterized by normativity and necessity, while 'deviance' is defined as a breach of prevailing social norms or a state of non-conformity with average behavioral standards, often characterized by normality and the prevailing state of behavior. Due to the widespread prevalence of legal norms, such as the divine legal duties, in Islam, the division of norm-violating behaviors into 'crime' and 'deviance' within the concepts mentioned is not particularly practical for studying criminal policy in Iran. Nevertheless, within the Islamic normative system, controlled behaviors are distinguished from free behaviors
Criminal Law and Criminology
Milad Jahani Janagard; Bahram Hashemi Shahri
Abstract
The formation of personality files in the modern sense is one of the effects of the twentieth century. In the second half of the twentieth century, the formation of personality files and also the need to identify the personality of the perpetrator has been considered as one of the most important and ...
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The formation of personality files in the modern sense is one of the effects of the twentieth century. In the second half of the twentieth century, the formation of personality files and also the need to identify the personality of the perpetrator has been considered as one of the most important and fundamental axes in the field of criminal law in most international conferences and country law. Given that children and adolescents in terms of their sensitive and delicate spirits have paid more attention to this important issue. In Iran, conducting social, personal and family investigations of children contrary to the law is provided in Article 7 of the Law on the Establishment of Juvenile Juvenile Court in 1338, and after that in the draft bill of the Criminal Procedure Code of 1352, Article 222 of the Law The procedure of general and revolutionary courts in criminal matters is foreseen in 1392. But unfortunately, it is observed that there are obstacles and gaps in the formation of personality files regarding children and adolescents that need to be reviewed by the legislator and obstacles removed, so that paying attention to the personality of children and adolescents in order to re-socialize them is very important.
Political Science
Atiyeh Vejdani Fakhr; Javad Tahmasebi
Abstract
Background and Aim: The International Criminal Court is a permanent and independent international body which, according to Article 5 of the Statute, deals with four categories of crimes, namely genocide, crimes against humanity, war crimes, and crimes of rape, in the territory or by state citizens that ...
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Background and Aim: The International Criminal Court is a permanent and independent international body which, according to Article 5 of the Statute, deals with four categories of crimes, namely genocide, crimes against humanity, war crimes, and crimes of rape, in the territory or by state citizens that may be exercised within the Court’s jurisdiction. Given the heinous crimes committed by ISIL members in the governments’ territory of Iraq and Syria, this apparently could be an issue to the Court’s jurisdiction.Research Methodology: The proposed study is analytical-descriptive in terms of its application and has been conducted by using library-based resources of laws and regulations, in particular the Statute of the Court.Results and Conclusion: The present article has investigated the possibility of applying judicial solutions to the International Criminal Court in investigating the crimes of the terrorist group ISIL as one of the most prominent Selfi -Takfiri groups and has concluded that based on the Court’ statute and due to the inability of the competent domestic courts, the International Criminal Court has jurisdiction over ISIL both in terms of universal jurisdiction and complementary jurisdiction.
Private Law
Sajjad Tahmasabi
Abstract
Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this ...
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Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this field. One of the most important ways to realize this goal is to emphasize the arrangement of documents in notaries and offices. Considering that notary offices are one of the legal authorities in the preparation of official documents related to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without referring to the judicial courts, it plays a significant role. can perform in line with the said goal.This feature, which has been emphasized by the legislator in various legal articles and there are special regulations, requirements and procedures for the implementation of its provisions, has not been addressed as it should be in legal researches, and its emptiness is clearly evident in legal texts. Is. This research is an attempt to clarify the different angles of the implementation of official documents, in this direction, all the related legal articles and micro and macro regulations have been carefully and scientifically examined
Criminal Law and Criminology
Sadegh Namdari
Abstract
It is unfamiliar to discuss about criminal liability for remote surgery as well as robotic surgery for those minds which are accustomed to dogmatism in medical criminal law, while the modern horizons in criminal responsibility of our surgical team lead us to explore the differential and specialized components ...
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It is unfamiliar to discuss about criminal liability for remote surgery as well as robotic surgery for those minds which are accustomed to dogmatism in medical criminal law, while the modern horizons in criminal responsibility of our surgical team lead us to explore the differential and specialized components of robotic and remote surgeries through re-thinking the traditional teachings on this issue. Thus, in this article, the author tries to explain the theoretical foundations governing criminal responsibility of the surgical team in robotic surgeries, regarding software disorders and hardware disorders disrupting the surgical process and cause harm to the patient and may lead to the death of patient, thus it should be considered separately and based on the consequences of each of these disorders, explain the differential criteria of criminal responsibility of the surgical team. The method of data collection has also been library-based and using the available resources. Although most researchers and experts agree on the effectiveness of using this technology to provide specialized services and enhance access to these services, however this method is a solution to overcome all problems related to the lack of financial and human resources in the health system. Rather, it should be regarded as a supplementary solution to solve the existing issues in providing high quality care.
Private Law
Asad Mahdavi Rad; Ahmad Khosravi
Abstract
The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their ...
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The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their social relationships can act to achieve some of their goals through advocacy. Article 679 of the Civil Code states: The client can dismiss a lawyer at any time, unless the power of attorney or non-dismissal is stipulated in the necessary contract. Since the power of attorney contract is one of the permissible contracts and can be terminated at any time and without a valid reason, it has caused the parties to not agree with the contract. Irrevocable, some people have turned to power of attorney without resignation or power of attorney without resignation. Power of attorney is power of attorney that the client does not have the right to dismiss. Then, the validity of non-dismissal power of attorney, methods of creating non-dismissal power of attorney and its effects have been examined. Information is filing.
Private Law
Maryam Heydarizadi
Abstract
Introduction: In accordance with a fundamental tenet governing civil procedure law, the initiation of an appeal is constrained by the scope to which a matter was considered during the initial stage. However, legislative provisions at times introduce deviations from this principle. The well-established ...
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Introduction: In accordance with a fundamental tenet governing civil procedure law, the initiation of an appeal is constrained by the scope to which a matter was considered during the initial stage. However, legislative provisions at times introduce deviations from this principle. The well-established doctrine of "prohibition of new claims at the appellate stage" dictates that appellate judges are restricted to the issues and judgments of the lower court. Nevertheless, the rule concerning "restricting the participation of parties not originally involved in the lawsuit at the appellate stage" may, in some instances, be influenced by the potential interests and advantages associated with involving third parties at this higher level. Method: Considering the inherent nature of the subject matter and the research objectives, the present study adopts a qualitative approach, employing a descriptive and analytical methodology. It is rooted in the exposition, interpretation, and rationalization of materials extracted from pertinent sources. Findings: The filing of certain ambiguous lawsuits, including third-party interventions and their statutory preliminary hearings, is attributed to a variety of factors, interests, philosophies, and objectives envisioned by the legislator, leading to notable deviations from the aforementioned rules. These deviations manifest in various forms, including the design of specific procedures that result from primary lawsuits being elevated to the appellate stage. This includes applications for satisfaction of demands and urgent hearings before the Court of Appeals, along with the preliminary hearing of foreclosure claims in the cases under consideration. Moreover, the intertwined nature and mutual influence of the primary and underlying lawsuits in consolidated proceedings justify the legislator's prescription in the initial proceedings of the appellate court. Results: The Court of Appeals' initial review of certain ambiguous lawsuits, as mandated by the legislator, enables the establishment of specific procedures and special mechanisms to address issues devoid of a substantive aspect. This authority is granted on the basis of two primary considerations: first, the existence of an appeal claim, which confers competence upon the appellate court to handle such proceedings. This applies particularly in cases where the appellant, following their appeal, seeks to satisfy their demand or requests urgent proceedings in the appellate jurisdiction
Criminal Law and Criminology
Fatemeh Vajdani Fakhr
Abstract
Trafficking human beings, particularly females and children, known as modern slavery, has been an instance of organized crime being intensified since the early 1990s, and has become a global issue in recent years aimed for sexual exploitation. Trafficking is now an extent phenomenon worldwide so much ...
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Trafficking human beings, particularly females and children, known as modern slavery, has been an instance of organized crime being intensified since the early 1990s, and has become a global issue in recent years aimed for sexual exploitation. Trafficking is now an extent phenomenon worldwide so much many females, who have left their home and homeland to escape poverty and seek a better life, not only have not achieved it, but are increasingly plunged into a whirlpool for which there is no escape. Trafficking human beings as a criminal offense punishable in Iran does not have a long legal history, however due to the lack of accurate criminal statistics, it cannot be discussed about the real or near-real exchange rates of trafficking females. However what is in the newspapers or in the public language illustrates the alarming statistics on human trafficking in Iran. The present study aims to examine numerous ambiguities and weaknesses in domestic and international legal system on human trafficking. The author has also made great efforts in debugging and harmonizing Iranian criminal law with existing international documents by providing constructive solutions and suggestions
Criminal Law and Criminology
Massoumeh Dalili; Mohammad Reza Elahimanesh
Abstract
Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under ...
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Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under which the death penalty is imposed is the issue of Hodud. Hudud are also punishments that are considered for some important sins, the type, amount and quality of which are determined by the holy shari'a in the book and tradition. Considering that after the Islamic Revolution, one of the sources of legislation in our country is jurisprudential books, in this article, we examine the jurisprudence and law, the basis and criteria for determining the death penalty for crimes subject to hadd, and on the one hand, comments Various and famous jurists are discussed and examined, and on the other hand, certain crimes subject to execution are investigated according to the Islamic Penal Code adopted in 2013.
Private Law
Sajjad Hasani
Abstract
Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are ...
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Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are invalid. Some of these terms are disputed. In addition to examining the conditions included in the marriage contract, this research has examined and analyzed the controversial cases of the conditions included in the marriage contract from the perspective of Imamia and famous jurists. Some of these disputed conditions are: the condition of couples not remarrying, the condition of choosing housing and residence, the condition of having a special trait in one of the couples. The majority of jurists and jurists consider marriage and privacy to be the essence of marriage. But in many cases, there is a difference of opinion between them due to the conditions contrary to the nature of the contract. According to various aspects, it can be believed that Qadr Motaqeen considered all these marriage issues as necessary for the nature of marriage and agreed. And enjoyment, resolution, etc. are among the effects of the marriage contract, although sometimes, according to the belief of some jurists, it is introduced as a requirement of the nature of marriage. On the other hand, it should be checked that if the couple reaches an agreement contrary to the nature of the contract, what will be the condition and principle of the contract, in other words, it is both a condition and a condition. Is the contract invalid or only the condition is invalid and the principle of the contract is correct? . In the current research, while proving the ineligibility of such conditions, objective and practical examples have been pointed out and the unfortunate examples resulting from them have been mentioned based on the descriptive-analytical method
Administrative Law
Mahigir Mojtaba; Zahra Asadi; Amir Yarhosseini
Abstract
Administrative regulation is the general applicable rule of an administrative body that implements or interprets a law or policy. The purpose of this study is to investigate the principles governing the transformation of employment status in the light of the rulings of the Court of Administrative Justice, ...
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Administrative regulation is the general applicable rule of an administrative body that implements or interprets a law or policy. The purpose of this study is to investigate the principles governing the transformation of employment status in the light of the rulings of the Court of Administrative Justice, which was analyzed by the library method and by reviewing existing documents. The results show that: Employment has always been one of the biggest issues that occupy the minds of people and this is the importance of guaranteeing the rights of the individual in It shows the equality of the administration well and there should be a reference to guarantee and defend this right of the individual. According to Article One Hundred and Seventy-Three of the Constitution, this is one of the duties of the Administrative Court of Justice; It does this. Given the jurisdiction of the Administrative Court of Justice to hear the employment claims of government employees and the multiplicity of employment claims raised in this Court, the General Board of the Administrative Justice Court's rulings as a judicial procedure as one of the important sources of employment law, especially in changing the situation Recruitment from a service purchase contract is considered as a formal test and a formal test, which is necessary for the managers of the executive apparatus and all government employees to analyze and recognize the votes of the General Assembly of the Court of Administrative Justice.
Private Law
Mary Mirzabeigi
Abstract
As a prominent issue in political geography, Hydropolitics studies the role and function of water in political relations, including conflict, interaction, cooperation, competition and confrontation at all levels and scales. Various natural, climatic, economic, social and political factors play an influential ...
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As a prominent issue in political geography, Hydropolitics studies the role and function of water in political relations, including conflict, interaction, cooperation, competition and confrontation at all levels and scales. Various natural, climatic, economic, social and political factors play an influential role. There are two hundred and sixty-one international rivers in the world which are common between two or more countries. Principally, the existence of common water resources, particularly in navigable rivers as an economic resource, is a significant factor in border disputes between countries. The occurrence of wars and long disputes has a wide range of river tensions. Therefore, delimitation of these rivers in international law has legal effects such as declining conflicts and determining the legal status in utilizing and exploiting river resources that are regarded as the development of cooperation and connecting factor of nations and governments
Jurisprudence and the Essentials of Islamic Law
Yousefi Tayabeh
Abstract
Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, ...
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Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, the motivation of economic affairs is the God’s pleasure and the goal; economic health of the individual, the family, and community are on the way to realize social justice and real installments.Materials and Methods: In this study, all the articles published in Persian until the autumn 2022 were examined based on do and don’t economic instances in the Quran and hadiths. These articles were searched through databases, Research Institute of Islamic Sciences and Culture, Astan Qods Razavi Research Foundation, sid.ir, Islamic Jurisprudence Quarterly and Civilica publications, Private Law Research Quarterly, and have been obtained by using some keywords such as do and don’t economic affairs, quint, religious tax, usury, and fraud in the transaction that have further been extracted from the above-mentioned articles and websites from reputable scientific journals.Results: In Islamic economic system, the good economic affairs have been established to raise the welfare level of the needy, economic balance, and establish social justice. From the Islamic jurisprudence viewpoint, the position of financial resources for economic, social, and political growth and progress is a prominent and decisive position; just as development is a fundamental position. However, each of these two sources of worship and economy has their own places in Islamic society, and based on expediency and benefits, they are obligatory in some cases and recommended in others. If this category is properly institutionalized in society and the public observe its effects and achievements, they will doubtless turn to the good economic ones in jurisprudence.
Real Estate Registration Rights
Seyyed Mohsen Razavi Asl
Abstract
The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating ...
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The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating anyone's rights" contained in clauses 4 and 6 of the article 25 of the registration law requires the relevant registration units to certify this condition and in this article, which has been done in a descriptive and analytical way and using the library method, it has been shown that this certificate is one of the examples of the obligation to us due to the conceptual scope and examples of rights and damages, and according to Article 13 of the Comprehensive Demarcation (Cadastre) Law of the country, it was concluded that the legislator in this article, by stating the stipulation "not to violate the rights of the neighbors", intended to express his last will and stated that in the handling of disputes and errors in registration, It should be checked whether by correcting the said mistake or dispute, there will be a disturbance to the rights of the neighbors or not? And in order to meet this condition, solutions such as local inspection of the requested property and its neighbors, checking their registration records, preparing an official declaration with the neighbors and also obtaining a certificate of non-encroachment on the adjacent streets from the relevant municipality can be effective.
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.
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.
Criminal Law and Criminology
Atiyeh Vejjani Fakhr; Fatemeh Elahi Manesh; Mohammad Reza Elahi Manesh
Abstract
Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures ...
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Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures for children, adolescents, and the insane, and then besides most instances of the provisional and educational measures of the above law mentioned were determined as supplementary and secondary punishments, while the other cases were specified as fundamental punishments in the form of orders and measures, some of which are protective and some are educational added to the country's penalty system. The aim of provisional and educational measures with correctional, therapeutic, and educational strategies was to reduce the amount of crimes and reform them. Nowadays, with the expansion of crimes and emergence of new ones, determination of sorts of these actions and their scope expansion can be significantly helpful in judicial system. Provisional and educational measures in 2013 law are so extensive, diverse, and modern that many of them did not exist in Islamic Penal Code. Many legal articles of this law indicate the legislator's special attention to their application as well as the correction category and criminals' rehabilitation.
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.
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
Jurisprudence and the Essentials of Islamic Law
Mehrangiz Karimi
Abstract
Prison is a category which is relevant to the crime and deviation (from laws, mysticism and ethics) in society. Throughout human history, there have always been those who have acted in contrast to the laws and regulations of society, and the governing systems of societies have provided punishments for ...
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Prison is a category which is relevant to the crime and deviation (from laws, mysticism and ethics) in society. Throughout human history, there have always been those who have acted in contrast to the laws and regulations of society, and the governing systems of societies have provided punishments for such individuals to avoid society from deviating and to uphold its laws and morals. On one side, one of these practices and tools is to punish, and on the other side, to return criminals to the normal life in society. Prisons were in the early days of Islam, either in Hejaz or in Iraq. At that time, the Holy Prophet and the first caliph did not have a particular prison or place to imprison criminals. Prison was applied as a harsh punishment with very difficult conditions, more specifically against those who acted against the regime. With the advent of the Islamic Revolution, the Islamic law on Iranian prisons was implemented. Primarily the purpose of classifying prisoners is to avoid and prohibit possible harm to the prisoner, as well as to make it easier to keep prisoners, so as to make the least issues for themselves and prison officials, and to enhance the classification and education and rehabilitation of the prisoners, as well
Private Law
Hassan Johari
Abstract
In some contracts, to guarantee the obligations fulfillment and compensate for damages caused by delay or their non-fulfillment, the parties stipulate an amount to be paid as obligation to another party in case of breach by the obligee. This amount is called “commitment”. One of the most ...
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In some contracts, to guarantee the obligations fulfillment and compensate for damages caused by delay or their non-fulfillment, the parties stipulate an amount to be paid as obligation to another party in case of breach by the obligee. This amount is called “commitment”. One of the most common kinds of obligations is time-based incremental obligation. The significant point to ponder about this type of obligation is its time of suspension and restriction or non-restriction to the amount of original obligation. It is noteworthy that if the obligation is a fine for the obligation breach and a type of civil punishment intended for violation or obligation is to compensate damages caused to the obligor due to the obligation breach. To express the obligation significance in the current economic situation of the country, it will suffice with this point. In most contracts concluded between the parties of the contracts, they accept and agree on the obligation during the contractual conclusion
