BASES OF EVALUATION OF EVIDENCE IN TRANSNATIONAL AND IRANIAN CIVIL PROCEDURE LAW
Ali Reza
Azarbaijani
دانسگاه تهران
author
text
article
2009
per
We have seen many changes in the area of evidentiary rules in developed countries whose aim is not only settlement of disputes but also achievement of justice and having real judges through expanding their powers and discretions. The main way to gain this goal is evaluation of evidence by prosecutors.
Evaluation of evidence means to judge about the value and merits of any evidence. This, accordance to relevant facts of any cases would differ from one case to another. In the other word, while we evaluate the evidences, once strictly & theoretically, then accordance to conditions and facts of cases, the respective results would be much different. Evaluation of evidence in the most cases is supposed to be as a way to achievement of real facts.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20108_443a38ba049d6347632afbd0ed10a75d.pdf
LEGAL NATURE OF HIRE PURCHASE
Ali
Eslamipanah
دانشگاه تهران
author
Reza
Abbasian
دانشگاه تهران
author
text
article
2009
per
Hire-purchase contract can be considered as a contract for preparing and transfer of movable and immovable properties by seller on the condition that if the amount of contract returns in certain installments the buyer will become the owner of properties.
This contract has coordination with lease in one side and with sale on the other side. This is because transfer of benefits ownership appears at the commencement of it and at the conclusion it leads to transfer of the object ownership. By the way with attention to particulars of this contract in payment of the loan with preserving of object ownership until the complete return of installment.
Some have known it similar to mortgage and loan while with the precise attention to statute of banking operations without usury and related executive orders. It is known that in spite of existing similarities with aforesaid contracts.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20109_1cc67784c054f4fd95bf5a1d2324705b.pdf
WHY THE UNITED STATES OF AMERICA DOES NOT JOIN THE INTERNATIONAL CRIMINAL COURT
Elham
Aminzadeh
دانشگاه تهران
author
Soolmaz
Sadrzadeh
دانشگاه تهران
author
text
article
2009
per
International Criminal Court, was established as a permanent international legal institution with especial jurisdiction to investigate and prosecute serious international crimes including genocide, crimes against humanity, war crimes and aggression, to prevent such crimes in the future. Despite the active role of the United States of America in the negotiations of the Rome Statute in 1998 and signing the Statute in 2000, it decided to suspend its signature of the Rome Statute on May 6, 2002 and informed the Secretary General of the United Nations that the US recognized no obligation towards the Rome Statute. This US position has been the basis of its internal and international measures regarding the Court. The US has criticized legal and political issues regarding the work and structure of the International Criminal Court.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20110_df07b8b8cdfcf90cdb7ae911988711b4.pdf
PUBLIC LAW FOUNDATIONS OF COMPETITION LAW
Mahmood
Bagheri
دانشگاه تهران
author
Ali Mohamad
Fallahzadeh
دانشگاه شهید بهشتی
author
text
article
2009
per
Competition law is one of the most important parts of economic law and regulation. A historical review of the developments of the economics and public law indicates that public law principles of competition law are influenced by theories of state and theories of justice. In this respect, various legal and political systems on the basis of some philosophical and political principles have tried to justify and apply competition law. The classical liberals relying on the principle of not inflecting harm on others justifies competition law while the proponents of distributive justice on the basis of concepts of equality and just distribution of wealth defend competition law. The advocates of the theories of justice are in favor of competition law to extent that it lead to justice in the market place. This paper investigates how competition law is justified under the above theories.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20111_7a8f4e6b4758798f8abd407de3d03280.pdf
TREATMENT OF OFFENDERS IN IRANIAN CRIMINAL LEGISLATIVE POLICY
Mohammad Ali
Hajidehabadi
دانشگاه قم
author
text
article
2009
per
Treatment of offenders is a humanistic approach in reaction to crimes, which has different scientific models. In addition to the UN emphasis on this approach, Islamic texts are full of corrective patterns and guidelines. Iranian Legislator, clearly, in Article 156 of Iranian constitution adapted this approach. Nevertheless study of rules and regulations shows the lack of appropriate usage of the correctional guidelines and patterns.
Treatment of offenders is a humanistic approach in reaction to crimes, which has different scientific models. In addition to the UN emphasis on this approach, Islamic texts are full of corrective patterns and guidelines. Iranian Legislator, clearly, in Article 156 of Iranian constitution adapted this approach. Nevertheless study of rules and regulations shows the lack of appropriate usage of the correctional guidelines and patterns.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20112_a9ec8d4dc405db307c91f4b01239426b.pdf
PRIVATE AND CONFIDENTIAL BOUNDARIES OF ARBITRATION IN DOMESTIC AND INTERNATIONAL TRADE LAW
Hossein
Khazaei
دانشگاه تهران
author
text
article
2009
per
Hearings, according to the general principles, appear in open courts. Therefore, confidential and private hearings are exeptional by legal stipulation. This exeption is depicted and stipulated in arbitration. The charactristics of arbitration are being confidential and private. These two are main points for reterring to arbitration.
In jurisprudence, the consensus is only on the private aspect and cofidentiality is controversial. The present article is to specity the boundaries of these characteristics.
Hearings, according to the general principles, appear in open courts. Therefore, confidential and private hearings are exeptional by legal stipulation. This exeption is depicted and stipulated in arbitration. The charactristics of arbitration are being confidential and private. These two are main points for reterring to arbitration.
In jurisprudence, the consensus is only on the private aspect and cofidentiality is controversial. The present article is to specity the boundaries of these characteristics.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20113_4c5d5f2a904a8e525f525a485e676b45.pdf
DETERRENCE AND IT`S ROLE IN PEREVENTING CRIME
Hassan
Dadban
دانشگاه تهران
author
Sara
Aghaei
دانشگاه تهران
author
text
article
2009
per
Seeking ways for finding solution in relation to crime and ways for preventing from crime and effective methods for confronting criminals have been studied since many centuries ago by thinkers and criminologists. In this way always it was attempted that by using different tools to prevent from occurring crime and do some actions for decreasing the rate of crime that meanwhile applying punishments for intimidating potential and actual criminals is among one of these levers. This is kind of lever that with depending on concept of prevention and by showing the application of guarantee of penal enforcement on criminals intends to effectively fight against with criminal motivations.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20114_43024f4e20df01294ef290cba6d14455.pdf
OVERALL CONTROL OR EFECTIVE CONTROL: INTERNATIONAL RESPONSIBILITY OF STATE
Masoud
Raei
دانشگاه تهران
author
text
article
2009
per
What is the measure: effective control or overall control?
As a general principle, the conduct of private persons or entities is not attributable to the state under international law. Circumstances may arise ,however, where such conduct is attributable to the state because there exists a specific factual relationship between the persons or entities engaging in the conduct and the state.
More complex issues arise in determining whether conduct was carried out under the control of the state or not .Such a conduct would be attributable to the state only if it controlled the specific operation.
The degree of control which must be exercised by the state on the conduct to be attributable is an important and key issue. The question is whether this degree is effective control or overall control. This question consequently discusses fragmentation in a part of international law.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20115_92b64e4ea16b9b9f727d17df8bdfcbea.pdf
THE INTERNATIONAL LAW'S THROWIN LIGHT UPON HUMAN CLONING
Amir Hossein
Ranjbarian
دانشگاه تهران
author
Zahra
Seif
دانشگاه تهران
author
text
article
2009
per
Cloning is a term traditionally used to describe different processes for duplicating biological material. A clone is an organism that is a genetic copy of an existing one. The use of the technique of nuclear transfer for reproduction of human beings is surrounded by strong ethical and legal concerns and controversies. Some international organizations have made significant efforts to establish common standards about challenges raised by human cloning. They argue that reproductive cloning is ethically unacceptable and contrary to human integrity and morality and should be prohibited. Ultimately in February 2005, the legal committee recommended to the United Nation General Assembly the adoption of a declaration on human cloning by which member states were called upon to prohibit all forms of human cloning in as much as they are incompatible with human dignity and the protection of human life.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20116_9ad07a1b78f533433a1f0589159dd65b.pdf
THE PROTECTION OF PHARMACEUTICAL INVENTIONS AND HUMAN RIGHTS CHALLENGES
Mohsen
Sadeghi
دانشگاه تهران
author
text
article
2009
per
Although intellectual property rights (IPRs) in this era specially after the constitution of World Trade Organization (WTO) have been concerned from economic and commercialization point of view, human rights perspective to IPRs has been increased and so, human rights groups have highlighted certain challenges between IPRs and human rights, have tried to adjust economic perspective and have sought human approach of WTO to these rights.
Pharmaceutical inventions are considered as one of the most challengers in the field of intellectual property because developed countries manufacturing pharmaceuticals emphasize on patent end the progress of protection; in the other hands, developing countries argue that the monopoly of patent system has negative effects on access to medicine. In this article, I will survey probable challenge between pharmaceutical inventions and human rights.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20117_7e50b0f084d33da7b681c65a58771a00.pdf
PRECAUTIONARY MEASURES AND CIVIL REMEDIES OF INDUSTRIAL PROPERTY RIGHTS; A COMPARATIVE STUDY
Mahmood
Sadeghi
دانشگاه تربیت مدرس
author
Maryam
Sheikhi
دانشگاه تربیت مدرس
author
text
article
2009
per
Legal protection of industrial property rights is constituted as an important indicator for the development of societies. To enter into the sphere of law, there should be a legal sanction to protect the right against infringement which is also the case in the law of industrial property. Regarding the main legal sanctions as a whole and the industrial property rights in particular, one can mention to the civil sanctions (commitment to compensation) and precautionary measures or interim measures which could be categorized as interim and precautionary measures before, while and after infringement of the right. Each of these sanctions may specifically protect the right against the infringement. This article deals with the above –mentioned sanctions in Iranian legal law comparing with some developed countries in this field such as France and Great Britain.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20118_508b5e8daedfc45d5ddfe62def52dc6f.pdf
A CRITICAL REVIEW TO MAJORITY AND PROPORTIONAL ELECTORAL SYSTEMS
Bizhan
Abbasi
دانشگاه تهران
author
text
article
2009
per
Election and electing publics authorities, statemen, parliament representative and local council,s members by people is un undeniable prerequisites of democracy. A state claiming democracy but lacking institutions as electoral systems and referendum could not be found. Nevertheless electoral procedures are not identical everywhere. In some countries the nominee has to obtain the landslide (simple majority) to be the winner of the election (majority electoral system). In this procedure, there might be mono-nominee or listic election or single-phase and double-phase election. While in other states, the electoral system is set in a way which the goal of establishing it is to offer a seat or some seats of the parliament or local council,s to every party and political groups taking part in the election, based one the proportion of the vote,s which have been obtained (proportional electoral system).
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20119_dad886c13717812ae51faace6266a018.pdf
THE NATURE OF ACCEPTANCE AND THE CASE OF PATRIMONIUM REFUSAL IN THE ESTATE OF DECEASED
Sayyed Mortaza
Qasemzadeh
author
text
article
2009
per
The technical term of acceptance and refusal in the case of patrimonium (the estate of deceased); which has been used in inheritance procedure act; dose not mean; automatically; the acceptance and refusal of inheritance; because it is occurred by the law and; inheritance; acceptance and refusal of the estate deceased has no role in its occurrence. However; the existence of the principle of acceptance and refusal in that case shall affect in legal relation between legator an heirs; his/her creditors of legator.
Acceptance and refusal is not realized without intention of heirs; because they are intentional acts. Since; the acceptance and refusal in that case means acceptance or refusal of capacity of estate-executor; due to the having authority; capacity in vindication of rights and free intention; therefore acceptance and refusal of person under duress is not valid.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20120_0ff573e68815b74223809398cafb948c.pdf
SIMILAR FACT EVIDENCE AND BACKGROUND EVIDENCE IN IRAN AND ENGLISH CRIMINAL LAW
Alireza
Gharajehloo
دانشگاه سمنان
author
text
article
2009
per
Proof in criminal cases is conducted by two factor including evidence and presumptions. The former concept is divided to presumption of fact and presumption of law. Presumption of law is the cases that judge by the circumstances inference. In this paper we want to explain some examples of presumption of fact that are similar fact evidence and background evidence.
Proof in criminal cases is conducted by two factor including evidence and presumptions. The former concept is divided to presumption of fact and presumption of law. Presumption of law is the cases that judge by the circumstances inference. In this paper we want to explain some examples of presumption of fact that are similar fact evidence and background evidence.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20121_7358e6510d7c8648b2246d62926c092f.pdf
PROMISE DE PORT FORT
Mohamadtaher
Kanani
دانشگاه تهران
author
text
article
2009
per
Promise de port fort is an useful legal basic for justification many civil and commercial transactions. Such as bank guaranties, insurance and guaranty of things it divides two legal relations, relation between parties if third party not ratify and relation with third party if she or he ratify that promise. Unlike its appearance, it, is not violation the principle of relativity of contracts. because, there is not an obligation to third party. This research has been allocated to study its legal aspects and its affects. By this basis we are free from limitations of contractual guaranty upon Iranian legal system such as cause and transfer of dept.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20122_afa803af04324afca4ff8d954caf2768.pdf
MORALITY OF THE DUTY OF OBEDIENCE TO LAW
Shahram
Keyvanfar
دانشگاه تهران
author
text
article
2009
per
""Whether a duty of obedience to law is a moral duty as well" is one of the crucial questions in the field of Philosophy of Law. In this regard three answers are supposed:
1- Obedience to law is not a moral duty;
2- Obedience to law is an absolute moral duty;
3- Obedience to law is a prima facie moral duty.
Many of law philosophers (particularly some of the adherents to positivism e.g. Astin) attribute obedience to law to the fear of the sanctions and consider the law and ethics as pertaining to two separate fields. They simply believe that a moral duty to obey a norm cannot be inferred form its legality, as a legal duty to obey a norm, is not inferred form its morality.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20123_e980ddfad9e9cc5f913eabc0bce5f147.pdf
CONSEQUENCES OF SPEEDY TRAIL IN IRANIAN AND ENGLISH LAW
Sayed Fazlollah
Mousavi
دانشگاه تهران
author
Sayed Mahdi
Mousavi
دانشگاه آزاد
author
text
article
2009
per
Speedy trail is one of the important subjects of civil procedure. The concept of consequences of speedy trail, because of their direct and speedy effects on claimants and defendants and even some times on third parties, is very important. The judge’s unsuitable treatment can also have some consequences in respect of his responsibility. In this paper it has been tried to analyze the consequences of speedy trail and the scope and limitation of a judge’s responsibility in Iranian and English law. Also the paper tries to demonstrate the legal and executive problems in both legal systems.
Also the paper tries to demonstrate the legal and executive problems in both legal systems.
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20124_0875b774a4664dae70ec3959a472aa50.pdf
THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
Alireza
MohammadZadeh
دانشگاه تهران
author
Hassan
Mohseni
دانشگاه تهران
author
text
article
2009
per
The Berne Convention for the protection of Literary and Artistic Works came into being in 1886 and has been enforced since Dec 5th,1887. The Convention has been repeatedly amended since then, including the revision in Rome in 1927, in Brussels in 1948, in Stockholm in 1967and finally in Paris in 1971. The Berne Convention is the first and the most important international document for the protection of creators of such works. This document is the corner stone for the Copyright Law. The Convention introduced the novel idea of creating an assumed Union that would both adhere to the basic law of recognizing its members as national members and creating a series of mandatory laws and regulations called "minimal contractual rights".
Law Quarterly
University of Tehran
2588-5618
39
v.
3
no.
2009
https://jlq.ut.ac.ir/article_20125_68d692679b3fa09e5876d106c42d8d26.pdf