Comparative Study of Reformation Strategies Outside of Iranian and Canadian Criminal Environments
shahram
Ebrahimi
author
Abdoullah
ezadi
author
text
article
2013
per
Reformation strategies might be categorized into three levels in terms of the stage of its performance topic. In the stage of outside of criminal environment, the three strategies of supporting the set free prisoner, developing the community-oriented punishments and oversight and controlling and practicing function. The existing examples in Canada indicate the local, intellectual, and religious-oriented nature of support strategy; the rule-oriented nature of the development of community-oriented punishments strategy; and the comprehensive and purposeful nature of oversight control and practice strategy. In other words, the existence of a strategic discipline is apparent in this system. As for that of Iran, though the strategy of developing community-oriented punishments has currently been advocated, the necessary conditions to practice them are not available and therefore, its failure is not a surprise. Besides, the strategy of support has not welcome in practice. Regarding the oversight, control, and practice strategy, notwithstanding various organizations, effective and purposeful elements have been ignored by law makers. In general, with regard to evaluating the Iranian reformation strategies, strategic pretence is its salient feature.
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
7
40
https://www.jlj.ir/article_10795_26ca46a47ddfcfb84d73674f5c8f75fb.pdf
dx.doi.org/10.22106/jlj.2013.10795
Parallel Proceedings in Foreign Investment Disputes and Preventing them
Shahab
Jafari nedoshan
author
text
article
2013
per
Parallel Proceedings, which can be described in short as commencing arbitration and/or litigation regarding related disputes in different dispute settlement forums or mechanisms, most of the time in investment disputes, are caused by the myriads of dispute settlement forums and procedures stipulated in investment contracts and investment treaties. In spite of the corrosive consequences of the Parallel Proceedings, battling the deleterious effects of it, is not fully developed and yet needs complete attention of the disputing parties to the contractual methods, especially prior to the stage of arising an actual dispute. Arbitral tribunals have developed some principles and mechanisms to battle Parallel Proceedings, most of which require parties’ consideration or initiative to be fully functional. Battling parallel proceedings throughout the period of enforcement of the award involves so many difficulties which in turn show the significance of confronting it prior to the stage of the enforcement of the award
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
41
69
https://www.jlj.ir/article_10812_85466a1c8a7ba7c64b80ef20daa8e80e.pdf
dx.doi.org/10.22106/jlj.2013.10812
Legal Nature of Transferring Debts within Merging Public Companies and its impacts on Non-shareholder Creditors and Debtors
Mohsen
Rejali
author
Mehdi
Rashvand Bokani
author
Amin
Badee Sanaye Esfahani
author
text
article
2013
per
One of the most noteworthy subjects in the area of merging companies is determination of its effects and consequences on the market, shareholders, non-shareholder creditors and debtors and even consumers. Public companies, however, take precedence over these subjects. Merger is (a course of action by which several companies establish a new single legal entity or are merged within another existing legal entity, as well as eliminating their own legal entity) and as a result, all the assets, claims, debts and obligations of the merged company are transferred to the merging company. Inclination toward merger is considerably high among public companies due to its various advantages. In this paper, we have addressed nature-discernment of debts transfer from a merged company to the merging company and therefore with analyzing and comparing the theories regarding debt transfer, credit transfer, obligation alteration and succession, we have examined merger effects of companies on the rights and obligations of non-shareholder creditors and debtors and have also bolstered the well-known opinion. Needless to say, selection of any opinions mentioned above, would have different legal impacts on those people and consequently companies’ shareholders, being parties in the merger contract.
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
70
102
https://www.jlj.ir/article_10813_69db1ae9f8de15c8b6c78d769cd8639b.pdf
dx.doi.org/10.22106/jlj.2013.10813
The Criterion Of Separation Between " Non-Mentioned Hodood" and "Definite Tazir" in the Islamic Penal Code of 2013
Hamed
Rahmaniyan
author
Mohammad jafar
Habibzadeh
author
text
article
2013
per
The phrase “Hodood that are not mentioned in this code” in Article 220 of Islamic Penal Code of 2013 and “Shar’i definite Tazir” in Article 115 of this code are ambiguous from Figh and legal viewpoint, then we have to resort to interpretation for recognizing their instances, In this regard, three interpretations are possible, First, restricting “Hodood” to six famous types and allocating definite Ta’zir to punishments with definitive cause, kind and amount, Second, allocating Hodood to punishments with definite kind and amount and cause and allocating definite Ta’zir to punishments with definite cause and indefinite kind and amount, Third, allocating Hodood to punishments with definite cause and kind and amount of certain definite punishment and allocating definite Ta’zir to certain indefinite cause and kind and amount, In this article we consider different views and finally choose third interpretation as a non-instrumentalist one that has the highest moral acceptance, This accepted interpretation is consistent with rule of law and other certain legal principles,
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
105
124
https://www.jlj.ir/article_10814_0339745bd3e1dc0a4ed37bf12694d005.pdf
dx.doi.org/10.22106/jlj.2013.10814
The Impact of Victim’s Predisposition on Civil Liability of Tortfeasor
Nafise
Shooshinasab
author
Abbas
Mirshekari
author
text
article
2013
per
In this research we have tried to investigate if the victim’s predisposition would influence civil liability of tortfeasor. In exact words “Predisposition” means the unusual physical situation of the victim before damages are incurred to him. Sometimes the tortfeasor intensify victim’s unusual situation and sometimes he changes the nature of his disability. We reached to a conclusion according to which, except causing perfect blindness which is effective in intensifying tortfeasor’s liability, in other situations, predisposition is effective in reducing tortfeasor’s liability. As a result, we should suffice to strict interpretation in the case of blindness.
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
124
152
https://www.jlj.ir/article_10815_92aca836b2c19e02b8647c444432f0f2.pdf
dx.doi.org/10.22106/jlj.2013.10815
The Research about the Effects of “The Fifth Five-Year Plan” Act on the Financial Rights of the Justice Share Holders
Zeinab
Fahlah Tafti
author
Koorosh
Kavyani
author
text
article
2013
per
طرح توزیع سهام عدالت با هدف توانمندسازی مردم کم برخوردار و توزیع ثروت در قالب شرکتهای تعاونی، خیل عظیمی از جمعیت کشور را تحت پوشش خود قرار داده است. The plan of justice share aimed at empowering people has less and distributing wealth in the form of cooperative companies has covered the large number of the population in our country. Theسیاست توسعه بخش تعاون از طریق تشکیل شرکتهای مزبور زمانی میتواند به اهداف عالیه تعاون در کشور چون کاهش فقر و تامین عدالت اجتماعی بیانجامد که دارندگان سهام عدالت بتوانند حقوق خویش را به صورت کامل استیفا نمایند؛ امری که جز در سایه آشنایی دارندگان سهام با حقوق مالی و همچنین حقوق غیرمالی ایشان محقق نمیگردد لیکن مسائل و مشکلاتی نیز در راستای استیفای حقوق مزبور پیش روی دارندگان سهام عدالت وجود دارد. Policy of development through the formation of cooperative sector companies can obtain high goals of cooperation in countries such as poverty reduction and social justice, when the justice holders can achieve their rights; something that only holders of shares in the shadow of familiarity with the financial rights and non-financial rights but there are some problems in the ways of achieving of their right . در این مقاله ضمن بررسی و تبیین حقوق مالی دارنده سهام عدالت چون حق انتقال سهام شرکت تعاونی عدالت شهرستانی، حق دریافت سود، حق دریافت حقوق و مطالبات با لغو عضویت و ... This paper reviews and explains the financial rights of the holder such as the right to transfer shares of justice, the right to receive benefits, the rights and the right to cancel the membership ... and the Effects of “The Fifth Five-Year Plan” act on the financial rights of the justice share holders.
The Judiciarys Law Journal
The Judiciary
1735-4358
77
v.
84
no.
2013
153
178
https://www.jlj.ir/article_10816_7d39bd6347652d8e3c2a0079132c400d.pdf
dx.doi.org/10.22106/jlj.2013.10816