Original Article
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
Original Article
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
Original Article
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
Original Article
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
Original Article
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
Original Article
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
