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
Criminal Law and Criminology
Atiyeh Vojdani Fakhr; Mohammad Reza Elahi Manesh
Abstract
Background: Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the ...
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Background: Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the scholars about the retaliation permission of all partners; which is attempted to be illustrated in this article. The issue of complicity in murder is a problem related to retribution by which the courts in the country have received a majority of verdicts. The reason for this pluralism is the lack of issue recognition. It should be noted that retaliation is a ruling that relies on the individuals’ lives and dignity; therefore, it is essential to be careful in its implementation, and to know all its related matters. This investigation tries to identify all cases in which retribution is imposed on all participants. The ruling of Article 373 in the Islamic Penal Code, which stipulates the retribution of all partners in premeditated murder, is in terms of the verse “النفس بالنفس” and the caution principle for extravagance in murder, in terms of the punishment purpose as the non-interference of them in the punishment of killing a criminal who even commits numerous crimes and deserves several punishments is an issue of extravagance in murder. Materials and Methods: The proposed article is based on analytical-descriptive study of laws, jurisprudence, jurisprudential sources, legal books and articles as well as the other sources, their inference and conclusion. Findings: Not wasting in murder is an expression taken from verse 33 of Surah Al-Isra′ in which after stating the sanctity of killing someone and the right of the victim's guardian towards the murderer is prohibited from excessive murder. The verse appearance in terms of its previous phrase illustrates not to exaggerate in retaliation, however in terms of the term murder can also include cases where an individual deserves to be executed, so the extension of the death penalty such as the ropes use which cause taking a breather becomes extravagant in murder. Hence, being doubted this citation; we could not order the complicity in the murder. This research has been conducted by library method.
Private Law
Tayebeh Emamian; Robab Emamia
Abstract
Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt ...
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Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt the child's health and social benefits, since the harmlessness rule limits couples in performing the mentioned right. Due to the fact that children are the most defenseless human beings, their support should be much more than that of adults so that their interests is among the fundamental principles mentioned in international laws and treaties, and all communities have to devise the appropriate mechanisms to maintain these principles. Another party in the category of child birth is society and its benefits. In the 2013 family support law, this issue is of high significance and in article 23 and its note; it has required couples to perform some tests to diagnose infectious diseases for couples and children. The mentioned article illustrates if the couple have any dangerous diseases for the fetus, care and supervision should include the reproduction prohibition. Although this article is an innovation and attention to all members of the family and society, after 7 years of its approval, it still has some ambiguities and lack of obvious resolutions from the competent authorities. Given that, the present study aimed to provide a correct explanation of the right to child birth by relying on legal principles as well as adhering to the rule of harmlessness and social order so that we can witness the birth of healthy children in near future
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
Criminal Law and Criminology
Atiyeh Vejdani Fakhr; Talia Vodjani Fakhr; Mohammad Reza Elahi Manesh
Abstract
In some cases, the innate nature of criminal act is punishable regardless of realization or non-realization of any result, and in this sense, to realize the criminal responsibility, there needs causality relationship, since the relationship always requires two parties (i.e. behavior and result) and when ...
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In some cases, the innate nature of criminal act is punishable regardless of realization or non-realization of any result, and in this sense, to realize the criminal responsibility, there needs causality relationship, since the relationship always requires two parties (i.e. behavior and result) and when result is not essential, the existence of a causal relationship will not be necessary. In some crimes where obtaining a criminal result is essential for its realization, three conditions are required for the realization of criminal responsibility: (i) the presence of criminal behavior, (ii) occurrence of a harmful incident, and (iii) existence of causal relationship between criminal behavior and harmful event. It is feasible to explore and prove causal relationship in some cases, especially when an agent was involved in the result realization, as someone killing somebody by a gun. Instead of providing a vivid and decisive rule, the 2012 Islamic Penal Code attempted to provide some solutions by taking certain situations and conditions into account. Given that, in transverse case of stewardess multiplicity, the result is taken into account of all parameters, and in the longitudinal case, the last stewardess may be the guarantor, the first stewardess, or even both. Besides, in the multiplicity assumption of causes transversely, equal responsibility has been ordered, and in case of longitudinal involvement, provided the unintentional crime, the primary stewardess has been mainly affected
Private Law
Fatemeh Farsian
Abstract
The unique nature of cyberspace and its established agreements have had a prominent effect on numerous traditional principles as well as the concepts of international private law; since the involvement of various foreign elements in concluding a contract is natural in the context of e-commerce. One of ...
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The unique nature of cyberspace and its established agreements have had a prominent effect on numerous traditional principles as well as the concepts of international private law; since the involvement of various foreign elements in concluding a contract is natural in the context of e-commerce. One of the most significant issues facing jurisprudence currently with the proliferation of electronic contracts is the issue of jurisdiction and the determination of a competent court for dealing with the disputes arising from electronic contracts. The increasing use of cyberspace for concluding transactions and the growth of electronic contracts maximize the likelihood of increasing disputes arising from these contracts. This clarifies the need for resolving these differences in order to conduct e-commerce at both national and transnational levels. Contract meaning as the same as concluding an agreement, and in terms of its concept, that contract is an agreement and mutual cooperation of two or more wills so as to make the legal effects or create a legal nature. In general sense, it is comprised by definite and indefinite contracts, however in specific sense, it merely includes indefinite contracts. It is concluded in such a way that the declaration of written will is conducted electronically and in an intangible (i.e. virtual) space.
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
Private Law
Malek Dost Mohammadi
Abstract
Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, ...
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Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, among which the separation nature, the competent authority for separation, and decision-making about the request for separation of common property are prominent. There is no legal provision concerning the separation nature. Besides, there is a disagreement between jurists and lawyers. However, it seems that its nature is considered as a contract. From ownership viewpoint of property by individuals and its legal facets, all properties are divided into the common and exclusive properties. Yet, the methods of dividing common and exclusive properties are different. Diffusion in ownership may be voluntary or forced. It is noteworthy that that due to various issues on ownership in common property, individuals do not want to share property with others, and thereby, the division of common property rises. Competent authorities should be examined for distribution and allocation of common property and its formalities that is sometimes court and Real State Registry Office. In this study, the allocation of common property and its relevant procedure are analyzed as well as the other related issues
Criminal Law and Criminology
Milad Jahani Janagard
Abstract
The presence of counselors and social workers during the juvenile criminal proceedings is very important and undeniable. Accordingly, a discriminatory policy on children and adolescents will provide a supportive approach to adopting responses. Social workers and counselors, as the most clinical forensic ...
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The presence of counselors and social workers during the juvenile criminal proceedings is very important and undeniable. Accordingly, a discriminatory policy on children and adolescents will provide a supportive approach to adopting responses. Social workers and counselors, as the most clinical forensic agents and in line with the principles of participatory juvenile justice, can take on several roles from the child's first contact to the official criminal justice authorities for sentencing and execution, even after sentencing. The importance of paying attention to the presence of counselors and social workers is so great that it has been emphasized in many international documents on children and adolescents; In addition, the Iranian legislature has mentioned this important issue in the Criminal Procedure Code adopted in 1392 in various legal articles. However, in practice, it is sometimes observed that the presence of this group of people in the juvenile courts of Ardabil city faces challenges that in fact the way to achieve the goals set by the legislator in order to differentiate has been challenged. Is; By providing appropriate solutions in this regard and the cooperation of supervisory units, these challenges can be reduced to some extent so that their presence during the trial in juvenile criminal courts of Ardabil city becomes a requirement.
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
Private Law
Zahra Mansouri
Abstract
Pregnancy using uterus surrogacy technique is the one where embryo belonging to an applicant couple is transferred to the uterus of a healthy fertile female and after the pregnancy; the baby is delivered to the original parents. Given that permission, there is a different argument among jurists and lawyers. ...
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Pregnancy using uterus surrogacy technique is the one where embryo belonging to an applicant couple is transferred to the uterus of a healthy fertile female and after the pregnancy; the baby is delivered to the original parents. Given that permission, there is a different argument among jurists and lawyers. However, some jurists have mentioned this permission under some certain conditions. If there is a correct and binding contractual relationship between the surrogate mother and fetus owners, the resulting contractual responsibilities relevant to the obligations breach and its compensation can lead to various legal issues. In uterus surrogacy technique, fetus is inserted into the uterus of another female through some medical equipment, and that female nurtures the fetus in her body until the birth stage and after delivery, she presents the baby to the applicant's parents. This phenomenon is the emergent point of various legal issues. The type of contract that is concluded between a couple seeking a child and a female with uterus surrogacy, the recording method, format, and its governing works can play a significant role in solving the parties concerns and preventing the potential disputes and lawsuits, since there is no specific law or unanimity opinion in this regard. In the present study, the researcher seeks to answer this question that if the delivery contract over the uterus to raise another child is subjected to Article 10 in the Civil Code? To answer the mentioned above question, the hypothesis is raised that compliance with these contracts is subjected to Article 10 in the Civil Code. This study aimed to examine if the contract of uterus surrogacy is a substitute of definite or indefinite contracts. The data collection was done through analyzing the library-based resources
Criminal Law and Criminology
Asma Seid Yousefi
Abstract
The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised ...
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The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised what is the nature and rules and regulations regarding dismissal in the Iranian legal system. Likewise, some challenges related to one of the most prominent legal issues, namely the dismissal order, have been raised. Ambiguity, conciseness and imperfection of laws and regulations, as well as the lack of judicial procedure in this regard, while addressing the nature of the dismissal sentence, certainty or uncertainty, the quality of its execution and the scope of the sentence and the practical obstacles to it according to the mechanisms set forth in the political law and the political-legal structure of the Islamic Republic have been examined. They move from sensitive positions or geographical locations so that the employee's family order is not endangered in terms of livelihood and economy.
International Relations
Parham Pourramezan
Abstract
With the beginning of the process of globalization in the West Asian region, from 2004 onwards, the United Arab Emirates changed its foreign policy to get out of isolation. This change was based on fundamental principles such as attention to development, economy and attention to neighbors in the matter ...
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With the beginning of the process of globalization in the West Asian region, from 2004 onwards, the United Arab Emirates changed its foreign policy to get out of isolation. This change was based on fundamental principles such as attention to development, economy and attention to neighbors in the matter of foreign policy. This country adopted these principles with a tool called economic diplomacy in the sense of using the economy to increase political bargaining power. One of the important destinations of this UAE diplomacy in the shadow of the neighborhood policy was the country of Qatar. The UAE has chosen Qatar because this country has a potential economic capacity and also has the ability to improve its regional and extra-regional position. Now, with this introduction, the main question of this research can be the economic diplomacy of the United Arab Emirates with Qatar. What challenges and opportunities does it contain? explained. The research method of this article is qualitative and with a descriptive and analytical approach. Also, articles, books and internet sites can be used as tools for collecting information. Since this research is practical It refrains from giving hypothesis. It is worth mentioning that by examining and analyzing the information available in the field of economic diplomacy of the United Arab Emirates with Qatar, it was estimated that the two countries have suitable investment capacities in cultural, economic and military dimensions, but political obstacles such as the attitude of the brotherhood of Qatar's foreign policy, Regional and extra-regional actors such as Saudi Arabia and others play a role in the challenges.
Criminal Law and Criminology
Talieh Vedjani Fakhr; Mohammad Reza Elahi Manesh
Abstract
According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental ...
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According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental relationship excludes retribution exclusively, but blood money and atonement are appropriate. Although the murderer is sentenced to deflation punishment, blood money and atonement are maintained. Furthermore, the murderer is sentenced to deflation punishment. The existence of parental relationship prevents the retribution proof, even if the infidel father kills his Muslim child. Since there was a requirement to prohibit retribution, and thus there is the non-requirement principle. It is worth to note the way of committing the act is frequently fatal. In the present article, the researcher seeks to answer this question that why mother is not included in line with father in Article 301of Islamic Penal Code? To answer, the hypothesis is raised that according to Article 301 of the Islamic Penal Code, where the mother is the murderer and the victim is her child, the punishment is not the same as that of father. The data collection was done through analysing the library-based resources
Criminal Law and Criminology
Nasim Mokhtari
Abstract
The significance of confession in criminal actions and even in civil ones is such that legal scholars call it as the queen of reasons. Its importance is such that being always cited as the prominent reason in lawsuits. The accuracy and validity of the research has been investigated and there is evidence ...
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The significance of confession in criminal actions and even in civil ones is such that legal scholars call it as the queen of reasons. Its importance is such that being always cited as the prominent reason in lawsuits. The accuracy and validity of the research has been investigated and there is evidence to confirm it, and may not be relevant to determine the accused guilt through the knowledge and inference of the court and thus, has no value and cannot even have a practice. Confession in this way is a perfect violation of citizenship rights in judicial proceedings. One of the evident examples of criminal justice is the observance of citizenship rights in the courts and the most profound element for respecting citizenship rights, security and freedom in court hearings, more particularly the defendants’ confession. Ensuring the rights of citizens and administering justice in all steps of the trial, including crime detection, prosecution, investigation, trial, punishment or security measures, is one of the basic duties of criminal justice. This article explains the position of “confession” in the trials and its validity with emphasis on the citizenship principles.
Criminal Law and Criminology
Ismail Qamari; Hoda Ghamari
Abstract
The principle of universal jurisdiction is a powerful tool in the service of international criminal justice. The principle of universal jurisdiction, under which states have the right and sometimes the obligation to prosecute and punish perpetrators of international crimes regardless of the place of ...
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The principle of universal jurisdiction is a powerful tool in the service of international criminal justice. The principle of universal jurisdiction, under which states have the right and sometimes the obligation to prosecute and punish perpetrators of international crimes regardless of the place of commission, nationality of the perpetrators and their victims, has undergone a profound transformation in various dimensions. With the emergence of transnational crimes, the need for revision on the basis of territorial and personal jurisdiction has emerged. The concept of the principle of universal criminal jurisdiction, according to which the national courts of a country can prosecute a crime that has not occurred within the territory of that country, is not the subject of an accused or a defendant, and has not committed a crime against the interests of that country, has evolved in different dimensions. Crimes such as slavery and slave trade, piracy, racism, hostage-taking and air raids have been among the universal jurisdictional norms referred to in the article of the Islamic Republic of Iran
Criminal Law and Criminology
Atiyeh Vejdani Fakhr; Seyyed Mohammad Hosseini
Abstract
The permission of a non-innocent judge to rely on his personal knowledge as a judge is one of the long-standing issues recently become a problem which is afflicted by the judiciary. The matter of whether a judge can consider himself as non-reliance in a trial and vote only with his knowledge or whether ...
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The permission of a non-innocent judge to rely on his personal knowledge as a judge is one of the long-standing issues recently become a problem which is afflicted by the judiciary. The matter of whether a judge can consider himself as non-reliance in a trial and vote only with his knowledge or whether being adhered to the reasons proposed by both parties in the trial has long been raised in our law and jurists have discussed its practice. Arbitration between the people and the resolution of lawsuits is a provincial position and the judge is in charge of this position. Judgment is a religious position and one of the duties of a comprehensive jurist other than the guardianship. It is one of the prominent pillars of the Islamic government, and perhaps it can be stated with confidence that the most basic duty of any government is resolving hostility and the issue of conflict between citizens as well as justice realization in numerous social areas. If we want to rely merely on jurisprudential and religious standards, we find that in the era of the absence of judicial guardianship, “in vain” is entrusted to a comprehensive jurist, and in principle, judging a non-jurist or not authorized by the jurist is illegitimate and non-influential. Hence, the proposed study has been dedicated to identify the significance, definition, impact and evaluative techniques of judge knowledge and finally, after discussing the relevant issues, it is concluded that in Iranian law, according to existing laws, only science of the evidence is valid. And the judge's personal knowledge is only in charge of controlling function of the other evidence. In other words, it merely stands for the untrue evidence, but cannot try to prove anything.
Administrative Law
Mohammadjavad Javid; Omid Norouzi; Tahereh Farmanesh
Abstract
The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in ...
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The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in the Constitution. Article 21 of the Constitution, targets women's rights and obliged the government to guarantee women's rights in all aspects by observing Islamic standards. However, the requirement to comply with Islamic standards caused the word political man to be associated with a gendered interpretation in the interpretation of Article 115 of Constitution, without necessarily having such an intention on the part of the legislator. The interpretation of Iran's Guardian Council in 2015 also did not help to solve this problem in favor of women's rights and to achieve equal political rights with men, and this discrimination remains in effect. The research method of this article is qualitative with a descriptive analytical approach and gathering information from articles, books and internet sites. The result is that because the majority of men dominate the administrative affairs, the interpretation of the Guardian Council has led to discrimination against women in practice and unintentionally, and although positive discrimination in favor of women is included in the Iranian Constitution, but in the practice of interpretation of this Council; its effect has overshadowed and led to negative discrimination against women
Criminal Law and Criminology
Seyyed Mohammad Hosseini
Abstract
In Imami jurisprudence and Islamic Penal Code, the theft issue has been introduced as one of the crimes against human property and ownership: a) Theft which is comprehensive of the penance condition and is referred to as the penance theft; in this case, the thief is sentenced to theft. b) Robbery committed ...
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In Imami jurisprudence and Islamic Penal Code, the theft issue has been introduced as one of the crimes against human property and ownership: a) Theft which is comprehensive of the penance condition and is referred to as the penance theft; in this case, the thief is sentenced to theft. b) Robbery committed in the form of armed robbery or banditry and causes public terror, in which case it is regarded as combat and corruption on earth and its perpetrator is condemned as combat and corruptor on earth. c) Theft that does not meet any of the above- mentioned conditions; in this case, it is known as canonical punishment theft and the thief is canonical punishment. This article deals with partial theft in the Islamic Penal Code of 2013 and its compliance with jurisprudential texts. Through studying the jurisprudential sources related to the issue of theft, they have determined the limits and punishments appropriate to the form and dimensions of theft crime. The proposed article has of course never been attempted to provide comprehensive research; however as far as possible, the related issues should be presented based on the research topic.
Jurisprudence and Private Law
Fereshte Ebrahimabadi; Ali Taghi Khani; Tahereh Farmanesh
Abstract
The dissolution of contracts has many reasons. Some of the reasons for dissolution of contracts in Iranian and French law cause the termination of the transaction. Sale is a condition and condition is rescinded. In French law, the condition of rescission is similar to the option of a condition. It has ...
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The dissolution of contracts has many reasons. Some of the reasons for dissolution of contracts in Iranian and French law cause the termination of the transaction. Sale is a condition and condition is rescinded. In French law, the condition of rescission is similar to the option of a condition. It has not been done. Therefore, by using the descriptive-analytical method and by referring to the library and checking the available sources, we conducted a research in this field that basically what is the ratio between the condition of rescission and sale of the condition in the two laws. After the investigations, it was found that the condition of sale and the condition of cancellation are similar to each other in terms of the transfer effects on the sale and the price, but they are different in terms of authenticity and legitimacy in terms of narrative evidence, however, it seems that the legitimacy of the condition of cancellation Based on specific evidence indicating the condition of sale, it can be proved with a little tolerance. It was also found that the scope of influence and the possibility of cancellation of transactions based on the cancellation condition is more than the selling condition. In fact, the limits of authority to terminate the transaction in the sale of the condition are only in the seller's power and limited to the condition of transfer of the price, while in the condition of termination, the parties can cancel and there is no limit of transfer based on the condition of the price
Private Law
Marzieh Babazadeh Namini
Abstract
Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer ...
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Failure to provide information or to provide a lot of information can be negative and deterrent; therefore, the necessity of providing information is very important, and information must be provided that they are necessary, and the drug without it becomes a dangerous commodity. In English law and consumer rights protection law, the manufacturer of the final product is usually the one who takes responsibility as the manufacturer. But the manufacturer of the defective component is responsible for the damage caused by the resulting defective product, as well as the person composing the material, is deemed by the manufacturer. In Iran's law, the responsibility for compensating the consumer is determined by the responsible authority of the person or legal person, whether private or public, which has caused the user to enter the damage and harm. This research uses a descriptive-analytic method to study the comparative study of civil liability caused by the actuarial disadvantages of drugs in Iranian law with a view to English law. The results show that the civil liability of Iran and the UK are apparently different. In England, unlike Iranian law, deliberately and unwittingly, they are two independent lawsuits for civil liability. Compensation for mistakes, misdemeanors and neglect the pharmacists' offices in the delivery of medicines are subject to the responsibility of the insurance professional of pharmacy and drag companies, according to the doctor's dossier. According to the Teshibod rule, pharmacists are known as guarantors for consumers and are responsible for compensating them for damages.
International Rights
Marzieh Karami
Abstract
Before September 2018, many people in the world did not think that the day would come when whispers of crime echoed in the atmosphere beyond the atmosphere and the judicial process, the jurisdiction of national and international courts and the type of crime would become a challenge for lawyers and astronauts. ...
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Before September 2018, many people in the world did not think that the day would come when whispers of crime echoed in the atmosphere beyond the atmosphere and the judicial process, the jurisdiction of national and international courts and the type of crime would become a challenge for lawyers and astronauts. In 2018, Ms. Anne McClain, an astronaut from the International Space Station, was able to access her husband's bank accounts on Earth, and this was the beginning of whispers about the first crime in outer space, although at the same time NASA announced that it would investigate the matter . Based on the location of the crime committed, the courts of the country registering the space object will have jurisdiction to deal with the crime committed in the space beyond the atmosphere. The court of the accused and the perpetrator may also qualify to deal with these crimes in certain circumstances. The actual jurisdiction of the courts will also be determined by the type of crime committed. These will be considered in determining the jurisdiction of the courts by this investigation. In recent days, the International Space Station has repeatedly announced that it is ready to hold month-long tours of space by hotel and by rocket. The world is preparing for space tourism and the possibility of living in Beyond the atmosphere, and there are many space trips that continue to be discussed about crimes outside the Earth's atmosphere and the jurisdiction of the courts, as well as the laws and regulations on this matter are not enough. Especially since the country's internal laws and regulations will also be dealt with in case of crimes under the Islamic Penal Code. The present study, with a descriptive - analytical approach, seeks to examine the criminal law governing space tourist travel and the laws and regulations governing it, as well as the jurisdiction of criminal courts when a crime occurs in space.
Private Law
Fatemeh Farsian
Abstract
Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles ...
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Analysis method: in this review study, which was conducted in 1400, articles indexed in proquest,scientific information, database (SID) magiran, ovid,Irandoc, Iranmedex, sciencedirect, cochrane,springer,google scholar, scopus databases were used. The collection of reviewed articles included 41 articles related to the last 20 years (from 2000 until now) in persian and English. Studies with unspecified sample size and implementation or only on non- electronic security and banking protocols, were excluded from the study. Articles whose full text was not available were also excluded from the study. Finding: Given that monetary and financial exchanges are an integral part of commercial exchanges, therefore, along with the expansion of global e-commerce, monetary and financial institutions to widely support and facilitate e- commerce widely use the information and communication technology they have brought. As a result, electronic payment systems have been gradually replacing traditional payment systems over the past few decades. Conclusion: Banks are affected by changes in globalisation and financial liberalisation, in response to which banks are expanding their service to customers, expanding their dependence on technology, while competition for banking services has increased. They are trying to reach higher levels of Internet banking acceptance among their customers.
International Rights
Tahereh Farmanesh; Omid Norouzi; Ali Taghikhani; Ebrahim Moghadam
Abstract
Today, the centrality of military security is interwoven with biological and climate issues at the national and international levels, and more than ever, these aspects have received the attention of world leaders and politicians. In this direction and in order to investigate the major environmental issues ...
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Today, the centrality of military security is interwoven with biological and climate issues at the national and international levels, and more than ever, these aspects have received the attention of world leaders and politicians. In this direction and in order to investigate the major environmental issues and the impact of these issues on national security in a descriptive-analytical way and by referring to library sources and examining them, we are looking for an answer to the question that the impact of climate and environmental changes in to what extent is Iran's national security? This study showed that the security approach to the environment, in international law, has a fundamental place in the laws of countries. This issue has had a wide influence in the field of technology, business, industry, energy use. At the same time, work specialization and the growing role of social organizations in weakening the restrictions imposed by the environment have had a tremendous impact on the proliferation of security problems, and as a result, it has weakened the atmosphere of international relations between governments and sometimes led to conflicts. Is. This article also shows that in Iranian law, issues related to water shortage crisis and air pollution have an immediate and vital importance in terms of security and have managed to overshadow national security and authority
International Rights
Fereshteh Abbasi Tabrizi
Abstract
Background: Oil pollution in the sea occurs periodically and intermittently. Such incidents are of high significance in jurists and experts to the risks of marine environmental pollution. Nowadays, the environmental abuse has transcended national borders, while the function of the international legal ...
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Background: Oil pollution in the sea occurs periodically and intermittently. Such incidents are of high significance in jurists and experts to the risks of marine environmental pollution. Nowadays, the environmental abuse has transcended national borders, while the function of the international legal system in this area has not been so successful and satisfactory.Materials and Methods: In this study, all papers published up to the spring-2022 in Persian and Latin on evolutions in international law regarding compensation for oil pollution were reviewed. These publications are searched through databases, International Law Journal, Exploration and Production Monthly, sid.ir, Parliament Quarterly and Civilica Strategy and Publications, Mazandaran University of Medical Sciences Journal Quarterly, using keywords such as; environmental regulations, oil pollution, international responsibility of governments, compensation, environmental pollution have been obtained. It has also been extracted from reputable scientific journals from the above articles and websites.Findings: Compilation of environmental damage indicators, other than preventing the occurrence of environmental pollution, assist to fulfill the international responsibility of governments in the occurrence of environmental damage, so the study and analysis of the possibility of compiling the index of environmental damage. It is essential and inevitable in international treaties to prove the international responsibility of states.Conclusion: Although the existence of international conventions and their countries’ membership has had a positive impact on reducing oil pollution, however it has not been enough to perfectly eliminate oil pollution and the provision of basic guarantees in international agreements with effective international oversight is essential.
