Ahmad Khosravi; Mojtaba Naghdi Nejad
Abstract
One of the significant methods of E-trade is the E-multi level net marketing. These corporations cause to the huge evolution in the quick transmission of goods and services from production to consumption in cyber space. Today the classic net marketing is no common anymore and instead, the E-multi level ...
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One of the significant methods of E-trade is the E-multi level net marketing. These corporations cause to the huge evolution in the quick transmission of goods and services from production to consumption in cyber space. Today the classic net marketing is no common anymore and instead, the E-multi level net marketing has been promoted, because it has low costs and high benefits. In fact net corporations are illegal form of net marketing. Both of them work in a particular form. Net corporations are in various types. There are many legal, social, cultural and economical problems in these corporations. Particularly unfair possession and fraud are very common in these corporations.
Ghasem Mohammadi; Morteza Jamali
Abstract
Compensation methods should be coordinated with losses, so that the balance lost as a result of the breach of the contract can be restored. This purpose could not be reached by limiting the methods of compensation. There must be a wide range of compensation methods available to judge to choose the most ...
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Compensation methods should be coordinated with losses, so that the balance lost as a result of the breach of the contract can be restored. This purpose could not be reached by limiting the methods of compensation. There must be a wide range of compensation methods available to judge to choose the most appropriate one from them. One of the most effective compensation methods is to order the execution of the void contract. It can be understood from analysis of different aspects of this topic that this method, if properly used, can repair the loss in one hand and is proportionate to the harm in another hand. In this paper, this method of compensation is deeply scrutinized; important examples of it are provided and finally it is regulated as an efficient way of compensation.
Behzad Razavifard; seyyed neamat allah mousavi
Abstract
Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, ...
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Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, as cybercrime is not committed in a physical space, determination of competent jurisdiction is demanding. In order to determine cybercrime jurisdiction, two kinds of criteria are taken into account: one is criminal jurisdiction based on classic rules and another is based on cybercrime’s characteristics. Therefore, it is possible to determine competent jurisdiction regarding those criteria, however, in some cases like that the accused is abroad or crime is committed in that way, there is obstacle with internal competent jurisdiction. Strategically, it is seriously required to take into account international cooperation in order to realize criminal jurisdiction.
Abdollah khodabakhshi
Abstract
The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights ...
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The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights of third parties or its subject may be changed or administrative obstacles cause to cease the execution of it. In some cases, the enforcement of judgment also needs to preconditions that it can't be established and implemented without the independent proceeding and with respect to the right of defense. In fact, the principles of due process for example the hearing parties statement, giving the opportunity to defense and the complaint against the court decision must be followed also in the enforcement stage and Hence, sometimes it must be stopped the enforcement of judgment. These cases have not a certain criteria in jurisprudence. One of the its reasons is the lack of supervision of excellent authorities over the executive orders because most decisions in the implementation stage are through administrative orders and the beneficiary can't complain about them. Due to defect in the legal literature (doctrine) and fitful jurisprudence, the effects of unenforceability of judgment exactly are not clear. In fact, the main question is, can it be possible to enforce a definitive judgment? And if the answer is positive, what is the criterion of it? It seems there are exceptions in judicial review to failure for implementing of definitive judgments and seems the most important criterion can be seen in practical problems and changing the subject of judgment. Hence in the present article, these issues will be considered.
Abas Zamani
Abstract
According to article 667 of Iranian civil code, all transactions in which an agent transfers an ownership on behalf of another, He must regard to interest of his principal measure of compliance of interest in respect of the transfer which is transferred to common price or reasonable consideration. This ...
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According to article 667 of Iranian civil code, all transactions in which an agent transfers an ownership on behalf of another, He must regard to interest of his principal measure of compliance of interest in respect of the transfer which is transferred to common price or reasonable consideration. This subject should be considered from two points of view: first, the Legal form of agency. Because it maybe conclude as “Limited”, “General” and “Public” forms; however, it should be noted that , In the first kind of agency, the agent cannot exceed of his authority, but in the other types he must regard interest of his principal. Second, consequence of disregard of interest in transfer of property by The Agent. Sometimes, the transfer which is disregarded principal interest by his agent is the only lead to liability of him. Moreover, the contract will be voidable when he has been abusing his power.
Mohammad Jafar Habibzadeh; Mohsen Sharifi
Abstract
Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including ...
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Although the Punitive Justice System has not restricted itself to penalties, in opposition to the intentional crimes-of course the serious ones- and predicted side penalties to deprive criminals from some crucial aspects of the social rights, it seems inevitable to adopt a number of redes, including rehabilitation (legal, judicial and real) in order to prevent the crime repetition and to provide these actives with an open socialization process. The rehabilitation strategy which is rooted in the France Penal Law was adopted by the Iranian lawmaker in 1925, along with its defects. In 1973 the defects were nearly overcome. After the Islamic Revolution the strategy was nullified; since it was announced as non–religious by the supreme Judicial Council. Therefore, a considerable gap was appeared in the country's penal law. Then under the pressure of the positive and realistic criticisms of the lawyers and criminologists, the law maker revived the rehabilitation in 1998 as in the form of the repetitious article 62 of the Islamic Penal Law. The stance taken by the law is appreciable; however it has some essential defects. Now the Islamic Penal proposal has devoted its 25 and 26 articles (with some changes) to this problem whose comparison with the earlier regulations is the main purpose of this paper.
Mohammad Jalali; Mohammad HasanVand; Ayob Miri
Abstract
By the Iranian Constitution, justice courts are considered to be the public authorities to deal with people’s complaints. Alongside these public authorities, the Administrative Justice Court (AJC) has been developed with the aim of “getting people’s right from the government” ...
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By the Iranian Constitution, justice courts are considered to be the public authorities to deal with people’s complaints. Alongside these public authorities, the Administrative Justice Court (AJC) has been developed with the aim of “getting people’s right from the government” and “establishment of administrative justice”. Referring to the principles of the Constitution, one can to some extent make jurisdictional distinctions between the justice courts and the AJC. However, in the Iranian judicial procedure, which has a more precise look at the issue of jurisdiction, and explains the distinctions in a technical manner, the issued decisions indicate that regarding the jurisdiction of the AJC there is not a united procedure, and this disunity applies both to the AJC and public courts. The first question to be raised is whether all claims concerning the government’s civil responsibility should be made before the AJC, or in all cases in which the losers intend to demand compensation from the governmental institutions they first should refer to the AJC in order to ascertain the transgression; or in some cases they can directly make their claims before the public court. Abstracting the cases in which the conditions of the responsibility of the government are met, this study tries to discuss the above questions on the basis of the examination of judicial decisions. Finally, it comes to the conclusion that the general jurisdiction of public justice courts over all civil and criminal claims requires that the jurisdiction of the Administrative Justice Court should be interpreted according to the existing laws and in accordance with the philosophy of the formation of the AJC. Therefore, not all claims could be made before the AJC, and the individual claims for compensation against administration must be interpreted with respect to the nature of the claims, the position of the specific governmental office or department in relation to that of the individual, and the type of the administrative action.
Mohammad Rasekh; Fatemeh Bakhshizadeh
Abstract
More than a century ago, a great revolution occurred in Iran, the fundamental aim of which was to establish a rule of law system. Accordingly, the concept of law has been one of the most essential though challenging concepts of the constitutionalist movement in the country. This issue is so significant ...
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More than a century ago, a great revolution occurred in Iran, the fundamental aim of which was to establish a rule of law system. Accordingly, the concept of law has been one of the most essential though challenging concepts of the constitutionalist movement in the country. This issue is so significant that we may seek the root of the Iranian constitutional crisis in the failure of providing a clear and workable concept of law. A serious impediment in this regard was the old concept and system of Shar`, which prima facie left no room for law. Shari`atist thinkers took two approaches to the relationship between law and Shar`: compatibility and incompatibility. Not only did the compatibility approach believe in the possibility of combination and sometimes identity of Shar`i and legal rules, it finally gave the upper hand to law and its requirements. One of the fundamental disputes related to the legislating authority. Shari`atists ultimately embraced legislation by the human being. Nevertheless, this brought about controversies and debates on the last prophet-hoodness of Muhammad (pbuh), religious innovation, and rational preference. This paper shall analyse the concept of law from the perspective of Shari`atist thinkers living during the Iranian Constitutional Revolution era, on the basis of their works and the related documents. This analysis will lay the historical and theoretical ground for the similar and still unresolved problem under the legal system established after the Islamic Revolution in the Country.
Firooz Mahmoudi Janki
Afshin Azari Matin
Yadollah dadgar; Mirghasem Ghafar Zadeh; Mohammad Ali BagherSad
Abstract
This paper is about to analyze the framework and the shortcomings of copyright system. Rent seeking, limiting the public area, and transaction cost are some debatable issues in this regard. Another topic of this paper is to investigate the advantages of developing copyrights. This includes improving ...
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This paper is about to analyze the framework and the shortcomings of copyright system. Rent seeking, limiting the public area, and transaction cost are some debatable issues in this regard. Another topic of this paper is to investigate the advantages of developing copyrights. This includes improving productivity, commercialization and improving competition. One finding of this article is that generally speaking, the advantages of copyrights would outweigh the disadvantages. The trend of this research is balancing and moderating one in copyrights so it disagrees with both extremist approached. We think that balancing approach is workable and much more efficient in this area.
Seyyed Mohammad Hadi Saei; Maryam Saghafi
Abstract
The expert's opinion is a view of a specialist and professional person that a judge usea as useful tools for solving civil and criminal claims. This opinion is not special to nowadays law and before it was noticed as expert's idea for Islamic jurists in the Islamic jurisprudence texts. But today, with ...
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The expert's opinion is a view of a specialist and professional person that a judge usea as useful tools for solving civil and criminal claims. This opinion is not special to nowadays law and before it was noticed as expert's idea for Islamic jurists in the Islamic jurisprudence texts. But today, with attention to specialization of science and fundamentals, it is feeling the importance of the institution more than before; in addition the rate of judge authority in acceptance or denial of the expert's opinion is very important for its effect to the result of claims. The importance of this discussion is more obvious when the expert's opinion is opposite to other reasons. So, the purpose of this paper is analyzing of expert's opinion in frame of legal and juridical presumptions and illustration of judge decides against this opinion that will happen in survey of legal and jurisprudence texts. So, several questions are arising among these discussions, for example is expert's opinion of legal or juridical presumption? How much is judge authority in acceptance of this opinion? With notice of precedent of expert's opinion in jurisprudence texts, what is the idea of Islamic jurists about it? To answer these questions, this survey considers the expert's opinion in analytical and comparative way. As a result, it is surveyed expert's opinion and rate of its credit in law, expert's idea and its credit in Islamic jurisprudence, presumptions and kind of suppositions and supposition of expert's idea and in finally duty of judge in applying of expert's opinion. Finally, the results of surveying the above discussion and answering the questions are: expert's opinion is of juridical presumptions in law and absolute supposition in jurisprudence that it results of comparison of special supposition with legal presumption and absolute supposition with juridical presumption and so the judge is not in force to accept it absolutely, but when he states his reasons, he can refuse to accept it.
Saeed Bigdeli; Azam Maleki
Abstract
Formation of the legal transaction and its constitutive elements and also the defects which may occur to the volition during its constitution are among the main issues of law and jurisprudence. Among the considerable arguments in this area, is the conflict of external and internal volition in creating ...
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Formation of the legal transaction and its constitutive elements and also the defects which may occur to the volition during its constitution are among the main issues of law and jurisprudence. Among the considerable arguments in this area, is the conflict of external and internal volition in creating the legal act, so as to decide which one is considered as principle and dominant.Though the external and internal volition are frequently in accordence with each other, they don't match to each other at some time. So, in such a case, what aspect of volition should be considered as criterion? Discussion in the area of domination of the external or internal volition are among issues which has significant consequences having regard to validity and voidness of legal acts and to the interpretation of contracts and unilatral legal transactions. Through the looking over the legislative system, judicial precedent,the views of scholars both in law and in jurisprudence, and prevailing attitudes regarding this debate in legal systems, it seems that contrary to the thought of those who suppose it is the internal volition which is principle and think the external volition confirmatives related to the proving process, external volition in some areas contract law is debatable and has original, protective ,instructive and supervisory rol.
Zeinab Bagheri Nejad
hamid Jarabani
Abstract
In etiology of crimes, a logical differentiation can be found between crimes committed by men and women. All around the world, studies about crimes committed by men and women have proved a definite relation between these crimes and gender role of their committers. In this paper, by studying the number, ...
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In etiology of crimes, a logical differentiation can be found between crimes committed by men and women. All around the world, studies about crimes committed by men and women have proved a definite relation between these crimes and gender role of their committers. In this paper, by studying the number, extent and pattern of crimes committed by Iranian women during the last two decades, we will show that although the number of women convicts has quadrupled, the ratio of crimes committed by women to all crimes has remained constant and even dropped a little. Furthermore the pattern of crimes committed by women in Iran is traditional and more focused on moral crimes, sexual crimes, and drugs; this is consistent with findings of theories based on the relation of biological, personal, and social causes with crime commitment.
Adel Sarikhani; Rooholah Akrami Sarab
Abstract
“Transparency” in administerial structure and among governmental authorities, is of highly effecting preventive measures. If related institution, by making the processvisible in official affaires, increases the risk of corruption and abuse of power, it would decrease. In addition “transparency” ...
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“Transparency” in administerial structure and among governmental authorities, is of highly effecting preventive measures. If related institution, by making the processvisible in official affaires, increases the risk of corruption and abuse of power, it would decrease. In addition “transparency” as making public confidence, would prevent the false believes, which create the oppportunity for corruption. In this papere we try to review the issue and explain its importance with regarding to Islamic thoughts
Alireza Alipanah
Abstract
Recognition and enforcement of foreign court judgments is a matter of conflict of courts in legal traditions and due to its political dimension, it is a controversial legal issue. Because, the recognition and enforcement of a foreign judgments means the use of force of sovereignty to enforce the judgment, ...
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Recognition and enforcement of foreign court judgments is a matter of conflict of courts in legal traditions and due to its political dimension, it is a controversial legal issue. Because, the recognition and enforcement of a foreign judgments means the use of force of sovereignty to enforce the judgment, the national sovereignty have a serious question that how can use the national power to enforce the judgment that had no role in its creation. Especially, it is possible that the laws and regulations relate to this cases is contrary to legal principles, common assumptions or general understandings of justice in a country where it has been requested to recognize or enforce the foreign judgment. With regard to this topic, it could be understood that the recognition and enforcement of foreign judgments in insolvency and bankruptcy how much can be problematic and controversial. This article is not included in the theories of recognition and enforcement of foreign judgments, but it is included in the regimes governing the recognition and enforcement of foreign insolvency judgments. In this context, the discussion about the theories of jurisdiction in international insolvency will be necessary.
Ali Akbar Farahzadi; Arash Ebrahimi
Abstract
The Iranian civil code has limited the effects of unknown condition to nullification of such condition provided that it results in ignorance with respect to consideration. The code conveys no explicit provision concerning the effect of such condition not resulting in the ignorance. Unknown condition ...
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The Iranian civil code has limited the effects of unknown condition to nullification of such condition provided that it results in ignorance with respect to consideration. The code conveys no explicit provision concerning the effect of such condition not resulting in the ignorance. Unknown condition refers to a condition on which there is not complete and comprehensive knowledge. This article legally analyses this condition, as contained in lossfull and dilatory contracts in Imamich jurisprudence and legal norms separately. According to imamich jurisprudence, intertieon of an unknown condition, as defined above, is permissible for dilatory contract, not derogating the permissibility of such contract. This approach has been followed by the Iranian Civil code. But for lossfull contract, different views have been offered by fogfaha. It seems that the Iranian legislator has followed those believing that an unknown condition stipulated in lossfull contracts, always result in ignorance to the considerations and nullify the contract. It should be noted that the consideration itself is void.
Hamid Ra’oufian1; Abolfazl Hassanzade Mohammadi
Abstract
Protection of witnesses is a set economic, security, educational and psychological actions which the criminal justice system takes to improve participation of witnesses in judgment procedure. Such programs, a common process in the world countries and also international courts pertaining to organized ...
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Protection of witnesses is a set economic, security, educational and psychological actions which the criminal justice system takes to improve participation of witnesses in judgment procedure. Such programs, a common process in the world countries and also international courts pertaining to organized crimes, terrorist crimes, crimes against humanity and war crimes, are performed in three major ways; protection-security, protective- psychological and programs to hide the identity of witnesses. On the other hand, today defensive rights of the accused is an integral part of a fair justice according to international, regional and internal laws and cannot be confined unless for a good reason; because this is a legacy the human society has achieved by hard endeavor and after centuries of judgment. At first sight, performing some of the programs like hiding the identity of witnesses and excessive protection of them is in sharp contrast with some rights of the accused like asking witnesses or the principle of equal opportunities. The issue can be minimized taking special actions and as a result, the principles of fair justice can somewhat be guaranteed.
Abbas Mohammadkhani
Abstract
Oneofthemostsophisticatedproblemsofcriminallawandinparticularmurderistheproofofcausalityrelation. By “causalityrelation” wemeanthecohesionbetweentheconductofmurdereranddeathofthevictimsuchthattheconducthasyieldedthedeath. Oneofthediscussionsopeninthisregardisthatofcausesstrongerthanperpetrator. ...
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Oneofthemostsophisticatedproblemsofcriminallawandinparticularmurderistheproofofcausalityrelation. By “causalityrelation” wemeanthecohesionbetweentheconductofmurdereranddeathofthevictimsuchthattheconducthasyieldedthedeath. Oneofthediscussionsopeninthisregardisthatofcausesstrongerthanperpetrator. BasedonreligiousjurisprudenceandinconsequencetheIslamicPunishmentAct, ongatheringthecauseandperpetrator, theperpetratorisguarantor, unlessthecauseisstrongerthantheperpetrator. Inthispaperbycriticizingaverdict, westudytheconceptsofcause, perpetratorandcausesstrongerthanperpetratorandwilllatercriticizetheverdict.
Abdollah khodabakhshi
Mohammad Hossein Ramezani Ghavam Abadi
Abstract
Prosecution of high-level government officials of some African countries has caused deep dissatisfaction of these governments. This has led to serious reaction of these countries to the extent of introducing the idea of setting up an African criminal court, special for African countries. African Union, ...
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Prosecution of high-level government officials of some African countries has caused deep dissatisfaction of these governments. This has led to serious reaction of these countries to the extent of introducing the idea of setting up an African criminal court, special for African countries. African Union, in its decision in October 2013, has proposed expansion of African Court of Human and Peoples' Rights' jurisdiction to involve international crimes. This article analyzes the causes of misunderstanding between ICC and African Union and its effects and consequences. In this respects, necessity and possibility of establishment of such a court will be discussed. Current approach to this issue among African countries is extending the jurisdiction of African Court of Human and Peoples' Rights to International crimes in Africa.
Saeed Mohseni
Abstract
The prediction of late payment damage in cash obligations has faced two seemingly contradicting expediencies. On one hand, the doubt of its being usurious has made jurisprudents of the Guardian Council to frequent and serious reaction and on the other hand, its non-acceptance causes unfair damage to ...
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The prediction of late payment damage in cash obligations has faced two seemingly contradicting expediencies. On one hand, the doubt of its being usurious has made jurisprudents of the Guardian Council to frequent and serious reaction and on the other hand, its non-acceptance causes unfair damage to the warrantee and probably the abuse of the debtor. By enacting article 522 of Civil Procedure for General and Revolution Courts in 1379, the legislator tried to solve the problem of late payment damage in currency cash obligations. Despite the criticism of this act, it does not solve the problem in obligations rising from commercial bills (bill, promissory note, check) clearly. Moreover, reading the aforementioned article with other regulations prescribed for commercial bills on this subject has caused some obscurities.
homayoun habibi; keivan eghbali
Abstract
Organized gangs usually are considered as a threat for security of human societies. But today, rising of a new generation of organized gangs, is resulted in serious worries about birth of a new kind of rebels and consequently fear about creation of a serious threat for states sovereignty on behalf them. ...
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Organized gangs usually are considered as a threat for security of human societies. But today, rising of a new generation of organized gangs, is resulted in serious worries about birth of a new kind of rebels and consequently fear about creation of a serious threat for states sovereignty on behalf them. In fact, tendency of the new generation of gangs to control on the land of a government, the their high level of organization and using widespread violence by them, make such a similarity between these groups and rebel groups that some experts consider them as a new kind of rebels and acclaim that acts of governments against these kind of gangs must be seen as a non-international armed conflict. But The analysis show that there are important differences between new generation of gangs and opposed armed groups in relation to goals, structures and so each one of these phenomena must be considered as a different phenomena.
Mojtaba Jaafari
Abstract
Today, the economy and economic prosperity is one of the most important and vital elements of the development and the power for any country. Therefore, one of the most important concerns of the politicians at the moment is effort to develop the economic activities. In effect, the economic development ...
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Today, the economy and economic prosperity is one of the most important and vital elements of the development and the power for any country. Therefore, one of the most important concerns of the politicians at the moment is effort to develop the economic activities. In effect, the economic development leads to State authority on the one hand and to the general satisfaction of people on other hand. Naturally, the realization of this purpose requires an efficient policy in economic area among which could be mentioned the providing the necessary conditions for investment as a most important and a most serious policy. The governments have many tools to support investment and privatization. Adjusting the criminal arsenal's tools to deal with any economic crime and anomaly is one of the best policies that will run by decriminalization.
