Private Law
Koorosh Ostovar Sangari
Abstract
AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and ...
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AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and 39 of the Court of Administrative Justice in 1368, state agencies can in no way be present in the branches of the Court of Administrative Justice as a plaintiff. This decision was approved by the General Assembly of the Supreme Court in No. 602 in 1374, but the question was raised that what is the task of the state apparatus in relation to matters within the jurisdiction of the Court of Administrative Justice? In 2007, the General Assembly of the Supreme Court, Decision No. 699, tried to somehow open this deadlock and find a solution to this problem. However, these votes of the General Assembly of the Supreme Court created other problems, hence the vote of unity. Procedure No. 792 was issued in July 2016 and has somehow annulled votes No. 602 and 699. The author believes that vote 972 is a positive development in the separation of powers of the Court of Administrative Justice and public courts.Keywords: Procedural Unity Vote, Jurisdiction, Administrative Court of Justice, Public Court,State.
Public Law
mohsen dehghan; vali rostami
Abstract
Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of ...
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Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.
Hamidreza Nikbakht; Mehdi Haftani; sara mirmohammad sadeghi
Abstract
Energy grids have not been developed in all countries equally and either transmission and distribution lines have some technical restrictions. After restructuring of energy industry, especially gas and electricity, free access to transmission and distribution grids seems necessary, because it is not ...
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Energy grids have not been developed in all countries equally and either transmission and distribution lines have some technical restrictions. After restructuring of energy industry, especially gas and electricity, free access to transmission and distribution grids seems necessary, because it is not affordable to make different grids for each company. Free access to transmission line is related to companies acting in energy section and distribution line is related to consumers. By considering the increase of foreign investment in energy and other sections in recent years, equal treatment is very important by system operator on free access. In spite of that, because of some technical restrictions, equal treatment is not possible and this may lead to breach of international obligation by host states. We are going to answer the question that weather the different treatment on access to energy grids shall be deemed as an international obligation by host state and if NO, how it will be justified.
Ayat Moulaee
Abstract
This paper has discussed the concept of the administrative contracts in France, England and Iran with emphasis on obstacles of institutionalizing it in Iran legal system. At first, the concept of administrative contract has been explained from formal viewpoint and has been concluded that all of them ...
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This paper has discussed the concept of the administrative contracts in France, England and Iran with emphasis on obstacles of institutionalizing it in Iran legal system. At first, the concept of administrative contract has been explained from formal viewpoint and has been concluded that all of them are similar and follow the unit approach unless about the courts; in France administrative courts have capacity to administrative contracts. But in Iran and England, the ordinary courts have capacity to all contracts. In second part, the legal terms of administrative contract has been discussed in three legal systems from context viewpoints and have been concluded that in France, the concept of contractual acts have encompassed legal institution with particular and independent principles and rules, that are distinguished from contracts of private law. But in Iran and England, in first viewpoint, the principles and rules of private law encompass all contracts. Notwithstanding, the legislatures in these two countries have passed laws that are similar to administrative contracts of France from the context viewpoint. Although, they are different from the wording viewpoint, there are functional similarities among administrative contract of France, public contract of Iran and public or government contract of England. Notwithstanding, the conception and interpretation of contractual acts according to private law in jurisprudences of Iran impeded the institutionalization of the concept of administrative contract in Iran.
Alireza Dabirnia
Abstract
The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation ...
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The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation between the executive and legislative affairs has not been done in the legal system thus establishment of the supreme councils by parliament can limit the authority of executive and increase the power of parliament.The supreme councils which established by parliament within the executive, cause an imbalance of power between the legislative and executive. "sovereign from and by the people" - regardless of the superior of each powers - has emphasised in the fifth part of constitution thus any interference by each of the powers within the other, may be considered as a undemocratic methods. Did you mean: از سوی دیگر «اصل صلاحیّت» در حقوق عمومی به هیچ قهوه ای اجازه نمی دهد تا نسبت به توسعه اختیارات خود بدون وجود تصریح در قانون اساسی اقدام نماید The principle of " Incompetence " in public law does not allow to any powers to increase their’s competence without any stipulation in the constitution, otherwise any unauthorized power development considered as a violation of people’s sovereignty. Regardless of the lack of strict separation between legislative and executive powers in the legal system, there are some supreme councils with the higher authorities but do not considered as a part of executive power. The supreme councils have features such as; legal position, regulatory or policy actions, using some powers of ministers, dominance of appointed members on Ministers and lack of effective supervision on activities of supreme councils.These features cause the formation of alternative political power to doing professional executive affairs beside the ministers’s authorities. In this situation, there is no supervision of the executive and legislative powers on the supreme councils activities.
Ahmad Rafiei; Ali Yazdanshenas
Abstract
The decree of state exemption from the payment of court costs in Iranian statute law has been accompanied with the abundant up and down. Although such an exemption had been specified in the civil procedural code, 1939, it has not been indicated in the civil procedural code of the public and revolutionary ...
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The decree of state exemption from the payment of court costs in Iranian statute law has been accompanied with the abundant up and down. Although such an exemption had been specified in the civil procedural code, 1939, it has not been indicated in the civil procedural code of the public and revolutionary courts in civil affairs, 2000. In spite of passing the judicial precedent by General Board of the Supreme Court and prescription of the duty of the government in payment of court costs, the existence of some special laws indicating the exemption of some institutions and organizations from payment of these costs and insertion of uncertain words in the Budget Act, 2011 specifying the exemption of “ Lawsuits on Preservation of Public Treasury’ from the payment of the said costs, has been increased to these ambiguities, the subject which is required the adoption of the strict position by legislator.
Hossein Aghaei Janatmakan
Volume 67, Issue 44 , September 2003, , Pages 55-68
