Criminal Law
saeed ghaedi; fazlolah foroughi
Abstract
Unlike other legal units in Iran's judicial system, there is no single criminal policy regarding the general aspect of intentional homicide .The confusion resulting from the legislative criminal policy and its dual approaches have challenged the judicial procedure. The victim's right to determine the ...
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Unlike other legal units in Iran's judicial system, there is no single criminal policy regarding the general aspect of intentional homicide .The confusion resulting from the legislative criminal policy and its dual approaches have challenged the judicial procedure. The victim's right to determine the punishment in intentional homicide and the predominance ofits private aspect has pushed its public aspect to the sidelines in such a way that in theprosecution and investigation decisions in the prosecutor's office and the criminal court one،often focuses on the private aspect of intentional homicide and demanding retribution has beennoted. And in cases where an action or punishment is determined in terms of the general aspect, in the way of criminal investigation, settlement, issuing judgment and the principles governing them, there are problems in terms of observing the principles of fair proceedings, the defense rights of the accused and the rights of the society.The current research has attempted to enumerate the challenges in the judicial procedure by using analytical-descriptive and collecting the desired information in the library method and relying on the cases of intentional homicide in the criminal justice system of Iran . And while emphasizing the necessity of concrete criminal policy in order to Key protect the rights of the society, it is to explain the duality of the deterministic system and its role in the formation of the existing judicial procedure through the expression of its effects and solutions to overcome the existing situation. Until the adoption of an integrated legal policy with an approach based on fair proceedings .
Seyyed Ghasem Zamani; Abolfazl Shiralizadeh
Abstract
In the course of international tribunals’ adjudications, one of the most important issues to deal with is to solve the problem of conflict of laws through determining the applicable law. Monism and the priority of international law over domestic law was accepted and confirmed by the majority of ...
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In the course of international tribunals’ adjudications, one of the most important issues to deal with is to solve the problem of conflict of laws through determining the applicable law. Monism and the priority of international law over domestic law was accepted and confirmed by the majority of jurists, especially those believe in monism doctrine, from different legal systems. For the lawyers and arbitrators the interpretation of treaties and contracts is a vital and basic step in litigation or arbitration procedure. Toward determining of rights and duties of parties in investment law, the occurrence of conflict of laws between international law and domestic law is a usual and ordinary subject matter. Notwithstanding the indications of doctrine of priority of domestic law over international law, but the search in the Treaties, Contracts, Doctrine and Legal precedents verify the contrary view point. Today the states liabilities in investment arbitration even with the contractual origination, changed to the states international liabilities, with presence of new provisions like as umbrella clause (As catch all provision), which reaffirm on the priority and influence of international law over domestic law. My uppermost aim in writing this article has been to study and show this evolutionary legal transformation in international investment law and to meet that end legal precedent has been examined.
Amir Khajehzadeh; Seyed Rohollah Hoseini Mighan
Abstract
Marriage creates different rights for woman, including the right to receive dowry, alimony, etc. But in some cases it is possible that the man be unable to pay it due to some new issues that have been arisen, for example insolvency. So it can be said that receiving dowry and alimony is the woman's right, ...
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Marriage creates different rights for woman, including the right to receive dowry, alimony, etc. But in some cases it is possible that the man be unable to pay it due to some new issues that have been arisen, for example insolvency. So it can be said that receiving dowry and alimony is the woman's right, but law has provided some solutions for the woman in the case of inability to pay each of them. For example, in the case of failure to pay the dowry she has the right to do the particular submission and even she can split the dowry and do not comply the husband until receiving the last installment (as it has been mentioned in the judicial precedent). The supreme court by the judicial precedent number 708 dated 22.5.1387 announced that the dowry split do not conflict the right of judicial precedent and consequently sentencing the 718 dating to 13.2.1390 expanded the realm of lien to the absolute couple duties. Although these views seem to finish the conflicts, but correctness, effects, and the legal consequences of applying it needs to be analyzed and reviewed. This study which have been done by library and analytical approach analyzes the lien wife in the judicial procedure and beside analyzing the principle number 1058 of the civil law, it has been found that if both the man and woman have applied the lien, what should be done, and also it has been clarified that if a part of the dowry was not paid the woman has the lien until the time that the rest is paid and in the case of insolvency this is not set aside.
Morteza Nejabatkhah
Abstract
According to Articles 12 (2) and 89 of the Act on Organization and procedure of Administrative Justice Court (1392), the legislator has identified the uniform judicial precedent as a competence of General Board of AJC, in cases where conflicting of judicial decisions issued by one or more branch of this ...
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According to Articles 12 (2) and 89 of the Act on Organization and procedure of Administrative Justice Court (1392), the legislator has identified the uniform judicial precedent as a competence of General Board of AJC, in cases where conflicting of judicial decisions issued by one or more branch of this court. Therefore the question arises: What is meant by inconsistency of judicial decisions and when conflict arises? This paper, by case- study of the precedents of the General Board of AJC, aims to explain the concept and conditions (formal and substantive) of the inconsistency of judicial decisions, as well as the various factors that have led to differing interpretations among the branches of AJC.
Ali Saatchi; Sourosh Seyedian Hashemi
Abstract
Civil liability of air carrier have international and domestic aspects. Although according to Article 19 of Warsaw and Montreal convention"", there is no clear definition of delay in both conventions and recoverable damages and remedies as well. Also, Iranian legislator point of view is debatable and ...
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Civil liability of air carrier have international and domestic aspects. Although according to Article 19 of Warsaw and Montreal convention"", there is no clear definition of delay in both conventions and recoverable damages and remedies as well. Also, Iranian legislator point of view is debatable and it is not clear which provisions are applicable,therefore genral rules of responsibility are applicable here. Moreover, passengers, due to lack of special provisions, have many difficulty, that clearly, is in opposite to principle of providing more rights for passengers. In this contribution, concept of delay and recoverable damages in light of international case law and legal doctrine are examined, and position of Iranian legislator in domestic flights are analyzed to find an appropriate solution comparatively.
