THE STATUS OF BENEFITS IN TRUSTEESHIP PRINCIPLE
Mohammad Mehdi
Alsharif
دانشکده علوم اداری و اقتصاد دانشگاه اصفهان
author
text
article
2011
per
The division of possession into a trustful and liable one is a mechanism from the legislator to define the responsibility of a person possesses the other's property. The possessor of the other's property is held responsible for the property itself and its benefits regardless of whether he has used it or not. Although a trust possessor is not responsible for damages caused to the trust property, his responsibility towards benefits depends on the agreement of the parties. In cases where the trust possession is converted into a liable possession because of defaults, the possessor will be responsible towards damages to the property and not liable towards the profits. The responsibility towards benefits depends on the consent of the parties and circumstances existing at the time of delivery of the property.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
1
19
https://jlq.ut.ac.ir/article_29646_4aa5f12255566f337e5ec231f271f986.pdf
A CRITICAL STUDY OF THE JURISPRUDENCE OF ADMINISTRATIVE JUSTICE COURT ON SOCIAL SECURITY ORGANIZATION
Ali
Ansari
دانشکده ادبیات و علوم انسانی دانشگاه تربیت معلم
author
Hojjat
Mobayen
دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2011
per
Jurisprudence, in its strict sense which is binding, is regarded as one of the important sources of law. This article seeks by relying on some judgments issued by general board of Administrative Justice Court concerning the Social Security Organization summarily investigate some deficiencies in performances of the Social Security Organization and Administrative Justice Court. In short, the enactment by the organization of some mandatory rules or extending the scope of statutes through issuing regulations may be considered as the most important critique in respect of the Social Security Organization performance. The most important critiques of Administrative Justice Court may be summarized as follows: literal interpretation of law, non attention to legal principles in particular those governing over social security, non attention to legal regulations and non attention to the legal authority of Social Security Organization.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
21
40
https://jlq.ut.ac.ir/article_29647_19ce0dad4e6d5cfef8f509f461749827.pdf
APOSTASY; JUSTIFIABLE CAUSE OR EXCUSE
Mohsen
Borhani
دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
text
article
2011
per
Islamic criminal code, influenced by Figh, has put especial criminal legislations on apostate as an instance of mahdoor-al-dam. "Being deserved to be killed" is title that based on it punishment of murder is changed and retaliation is removed. Equalizing all instances of mahdoor-al-dam in different legislation is a mistake that some make. In this article, this is proved that on a base of Sharia apostate is relative mahdoor-al-dam and only legal authorities have a right to punish him and if others kill him, his behaviors can't be put under justifiable cause or plausible excuse then mitigation is the only credible base that is accepted by legislation.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
41
58
https://jlq.ut.ac.ir/article_29648_2f86a640454c598d79ae0290eab70182.pdf
CLOBAL MOVEMENT & TOWARDS THE THEORY OF NO PREJUDICE
Hamid
Bahramy Ahmadi
دانشکده علوم انسانی دانشگاه شهید باهنر کرمان
author
text
article
2011
per
The law of the continental Europe is considered an offspring of the Roman law. In the Roman law the “fault” was considered as the basis of liability. The doctrine of fault was included in the French civil Code of 1804 through the Roman law, and from there, made its way into the laws of other European and non-European countries. According to the instruction of the holy prophet of Islam (PBUH), in the Islamic law the principle of no prejudice (la Zarar) was recognized as a basis for civil liability. The liability based on the principle of “No Prejudice” was a liability without fault. Likewise in the European law the deficiency of the doctrine of fault compelled the jurists to resort to the liability without fault and get closer to the principle of “No Prejudice”. In this paper, the development of this principle is examined.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
59
73
https://jlq.ut.ac.ir/article_29649_4be253d47915d804a6e7c9cad7b64645.pdf
A LEGAL ESSAY ON PUBLIC SECTOR EMPLOYMENT STANDARDS IN IRAN AND CANADA
Mohammad Javad
Rezaeizade
دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
Mansour
Parkale
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
The public sector affairs are done by employees and in order to do their duties as well as possible, these entities have to select and employ among applicants. But, because of right to take part in the government and the right to equal access to public services, their power is not unlimited. Hence, they have to do this in respect of some norms to ensure the citizens’ rights. The legal aspects of required qualifications to get a job in public sector and how to ensure “ equality employment opportunity ” in Iran Canada have been studied here. This study shows that although there are a lot of efforts have been done to reach equality employment opportunity, but because of importance of this subject it requires more attention of legislative and judicial branches in both country.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
75
93
https://jlq.ut.ac.ir/article_29650_22af6e6bd09e5f3b22763868f20b77a3.pdf
ACCESSION TO WORLD TRADE ORGANIZATION AND ITS IMPACT ON INTERNAL LAWS AND REGULATIONS REGARDING EXPORTS SUBSIDIES
Abdolhossein
Shiravi
دانشکده حقوق پردیس قم، دانشگاه تهران
author
Mahdi
Nazarnejad
دانشگاه مفید قم
author
text
article
2011
per
To promote their exports and get access to world market, many countries have adopted the policy of exports subsidies. Subsidies are usually provided by governments or state bodies which cause adverse effects to the interests of another member of countries or disturb the process of free trade worldwide. World Trade Organization (WTO) which is established on free and fair trade, has put limitations on providing subsidies. Since 2005 the Islamic Republic of Iran has been admitted as WTO observer and it is in the process of full membership. In this article, first the Iranian laws and regulations concerning exports subsidies are examined. Then, their consistency with requirements of WTO and Agreement on Subsidies and Countervailing Measures (SCM Agreement) are discussed.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
95
114
https://jlq.ut.ac.ir/article_29651_2a1f73c54284e4405208faf9407cb673.pdf
THE LEGAL AND ECONOMIC EFFECTS OF THE SYSTEM OF REGISTRATION REAL PROPERTIES
Mahmood
Saber
دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
Nasrin
Tabatabaee Hesaree
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
Registration institution is important institution that guarantees economic and legal security. Human societies always noted this point and then created several registration systems and practiced one of theses for achievement to the security. But lack of attention and knowledge about effects and aims of registration real properties and their documents of transactions and therefore violating these effects and aims or by the enactment of law or in the jurisprudence has caused the system of registration real properties was not able to be efficient and response the needs of society . In addition, lack of attention to these effects and aims has caused disagreements and lots of difficulties happened in transactions of real properties and their regulations.
In this article, it has been tried to study the legal and economic effects of the regulations of registration real properties.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
115
129
https://jlq.ut.ac.ir/article_29652_4992c5f50d1e898def9f1f348b395ef0.pdf
A CRITICAL RESEARCH IN IRANIAN STOCK EXCHANGE DISCLOSURE SYSTEM
Mohammad Hassan
Sadeghi Moghadam
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
Mohammad
Norouzi
دانشکده حقوق، دانشگاه شهید بهشتی
author
text
article
2011
per
For goal of transparency, listed companies are required to disclose their significant events, quarterly reports and the decisions taken in their general meetings. Of course, when the dissemination of information might prejudice a company’s interests, it can withhold the disclosure on condition that it keeps the information confidential. This article, by using American and English experiences, seeks to find the current failures in Iranian disclosure system and suggest the solution for future reforms.
For goal of transparency, listed companies are required to disclose their significant events, quarterly reports and the decisions taken in their general meetings. Of course, when the dissemination of information might prejudice a company’s interests, it can withhold the disclosure on condition that it keeps the information confidential.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
131
149
https://jlq.ut.ac.ir/article_29653_55f26528d7b184f3f20689d0f2fd0277.pdf
THE NECESSITY OF CHANGE THE MEDICAL CIVIL RESPONSIBILITY SYSTEM OF IRAN, CONSIDERING THE EVOLUTIONS IN FRENCH LAW
Mahmoud
Kazemi
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
In Iranian Law, the claims of medical civil responsibility (medical negligence) can be resolved on the basis of traditional rules of civil responsibility (tort), and there is no special law in this regard. Through the legal systems of the would (Specially French Law) medical civil responsibility system has been changed a lot. These changes have been for the compensation of the victims of medical accidents. As a consequence of which, special systems of compensation have been established, according to the special law. In Iranian Law there is such appropriate. In this article we consider the evolution of medical civil responsibility in French Law (as one of the most modern legal systems in the word which is closer to the Islamic law) and try to prove the necessity of change the medical civil responsibility of Iran.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
151
168
https://jlq.ut.ac.ir/article_29654_f606f293eb1f927f442f708d570f4973.pdf
JUDICIAL RECONSIDERATION OF EVIDENCES
Abbas
Karimi
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
Hamid Reza
Partow
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
Future invocation of evidences that their truth have been investigated in the previous case can be useful or necessary. It is especially important when secondary presentation of evidences has been impossible or difficult. In this article we are trying to know what must the court do against evidences that were considered in another proceedings. It must study if the court have to accept evaluation of the previous court or it is free; Another possibility is prohibition of accepting the previous evaluation. Our subject is important from the viewpoint of convenience on establishment of allegation, shorten of proceedings and also in the point of view of length of proceedings. If present court was obliged or even free to accept previous evaluation, then reconsideration of such evidences wont be necessary and the mere revocation of the previous case will be efficient.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
169
186
https://jlq.ut.ac.ir/article_29655_98761c120c671d6692515cb5ec47c831.pdf
LIBERALIZATION AND FACILITATION OF FOREIGN TRADE ON BASIS; THE ARTICLE 44 IRIB CONSTITUTION
Mohamadtaher
Kanani
دانشکده اقتصاد، دانشگاه لرستان
author
text
article
2011
per
One of the principal challenges before economical progress and development is governmental monopoly and economical structure. The root of this dilemma is from historical backgrounds and codification our constitution. Upon article 44 all of the important economical activities in especial foreign trade belong to the government. But at the end of this article; there is an important clause; it says that execution this article depends on usefulness on progress and development of the economy. Thus there is a current interpretation for liberalization and privatization. At the light of this attitude, there are many laws and regulations passed by parliament. In this research these principles and rules in the relation of foreign trade are analyzed.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
187
203
https://jlq.ut.ac.ir/article_29656_3aabd80242b550136d9029e340eaf54e.pdf
THE TEN COMMANDMENTS OF PUBLIC LAW: REFLECTION ON THE MAIN CONCEPTS
Ali-Akbar
Gorji
دانشکده حقوق، دانشگاه شهید بهشتی
author
text
article
2011
per
Public law is a branch of legal sciences whose principal mission is to shed light on the one hand, the rules dominating the reports of internal government, and secondly, the relationship between rulers and governed, and that supranational relations. Public law, like other scientific disciplines, contains a number of concepts and rules whose main knowledge is needed to better understand the issue of governance and management of political society. Moreover, the existence of concepts is one of the specific characteristics necessary to support the independence of a scientific discipline. Indeed, accurate and thorough knowledge of the key concepts of public law we can think about developing a good theory. With all modesty and without claiming completeness, this contribution tries to present the ten key concepts of public law.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
205
223
https://jlq.ut.ac.ir/article_29657_2ce380c62ba25e24996cb554dd8e9f2f.pdf
NAIROBI TREATY ON THE PROTECTION OF OLYMPIC SYMBOL, 1981, AND THE GENEVA TREATY ON INTERNATIONAL REGISTRATION OF AUDIO-VISUAL WORKSSIGNED ON APRIL 20, 1989
Alireza
MohammadZadeh
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
Asma
Mousavi
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
The appliance of international instruments in the field of literally and artistic property rights has cause a well-established and stable international aspect in comparison with its domestic aspect. This discipline has been founded on the basis of The Berne Convention, 1886, The Universal Copyright Convention, 1952, and The Rome Convention, 1961, which their translations have all been published in this journal. Other conventions in this field of law are Nairobi treaty on the Protection of Olympic Symbol, 1981, and The Geneva Treaty on International Registration of Audio-Visual Works signed on April 20, 1989, which the latter by creating an international registration bureau aims to support the audio-visual works in the international context. This essay will cover the translation of these two treaties.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
359
374
https://jlq.ut.ac.ir/article_29658_0e0422b236d59fb70caef9c40dfae461.pdf
COLLECTIVE LIABILITY A JUST SOLUTION IN THE TORT OF MENTAL DISABLED
Hassan
Moradzade
دانشگاه شهید باهنر کرمان
author
text
article
2011
per
Mental disabled, according to the individual tort system is consider being liable if causes damage to another person. This rule seems not to be fair. In this article two solutions are proposed: first, fault presumption obtained by extensive interpretation of article seven of tort act and second authority conferred to judges by article 7 of the same act. But the just and final solution is the creation of garanty fond based upon Daman Aquele opinion. By this way, collective liability would be applied.
Mental disabled, according to the individual tort system is consider being liable if causes damage to another person. This rule seems not to be fair.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
225
238
https://jlq.ut.ac.ir/article_29659_33d91da0a5f3247d71da1e7e521e0836.pdf
THE EXAMINATION NATURE OF MANUFACTURING CONTRACT IN IRANIAN RIGHTS
Saeed
Mansouri
دانشگاه آزاد اسلامی تهران جنوب
author
text
article
2011
per
Today manufacturing contract has a special place in the big and small transaction. the subject of manufacturing contract is the made of goods that manufacturer has recommended to maker with determining of attributes and characterizes with preparation primary materials to make it in a specified time and shall delivered to manufacturer. Manufacturing contract in fourth school of religious jurisprudence is propounded in form of forward or unidentified sale and imamie Jurisprudence some precursor jurisprudence referred to it. Iranian civil law does not make any direct reference to manufacturing contract .those if we believed based on one of the definite contracts like sale or rent or reward or a combination of both should be derived from to it in terns of the current legal principles that contract.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
239
259
https://jlq.ut.ac.ir/article_29660_e7e7b6dc8ea171941c240177c4b3b0db.pdf
FOUNDATIONS OF SOCIAL RIGHTS
Ebrahim
Mousazadeh
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
Social rights is set of rights and Supports that Through which the welfare, prosperity and welfare to peak and Lack of well-being reaches a minimum.. Whereas in Western systems, pro-government Social Rights New born And Emerged dice the model socialist state& With the aim of Deter the masses from resorting to socialist revolution, Islam from the very early formation of their, Been noted Importance of social rights in terms of preserving human dignity and providing foundations of a healthy religious community, For this reason has Brilliant historical record. In this paper, familiarity with the intellectual aspects of social rights; place these rights in the Islamic and Western ideas will be examined.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
261
279
https://jlq.ut.ac.ir/article_29661_f547c50513b31dcc1be17100d97a0dcc.pdf
“LEGAL SITUATION OF SALE OF MORTGAGED PROPERTY: NULLITY, INOPERATIVE OR INVALID TOWARDS THIRD PERSONS”
Akbar
Mirzanejad Jouybary
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
author
text
article
2011
per
Sale of mortgaged property is one of serious problems of people and courts because at first, it is very current in the society and mortgagors need to do it on the social and economical numerous reasons and on the other hand mortgagees oppose with it. in spite of that after mission of judgment dated no.620 discussing of contradiction between sale of mortgaged property and the right of mortgagee is finished but this question is ever worthy of survey how is legal situation of mentioned contract?
Writer study in this article upwards question on the point of view of jurists, lawyers and judicial precedent and chose the theory invalidity towards third persons and rejects two other theories nullity and inoperative.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
281
299
https://jlq.ut.ac.ir/article_29662_8d2a67be19cb1cbab0f6ff8cb3de1231.pdf
IDENTIFYING THE NATURE AND TYPE OF COURT JUDGMENT
Fereidoon
Nahreini
پردیس بین المللی کیش، دانشگاه تهران
author
text
article
2011
per
The decisions of the court of justice at any levels of proceeding up to its termination, to some extend indicate the viewpoints of the court and its approach towards the claims and the defenses of the parties to lawsuit. When the trial ends, the court declares its decisive resolution within the framework of a judgment, and in proportion to the type of claim object and the course of trial proceeding and the litigants actions, it places one of the two titles of judgment and order on it. Each order and judgment of the court is of a subject that must be used in its proper place; because a mistake in its selection may have an important impact on law of the litigants. Presenting two samples of awards, we will criticize them.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
301
320
https://jlq.ut.ac.ir/article_29663_0d2b4a4bf528c99c22ec3bd88fde95cd.pdf
MINORITY, MAJORITY AND THEIR LEGITIMACY PHILOSOPHY
Sayyed Ali Mohammad
Yasrebi
پردیس قم، دانشگاه تهران
author
text
article
2011
per
In this article the historical expression by martyr Zaidebn e-Ali on negation of forbidden majority has been described. Also the majority and minority issue in the Quran has been compared with current majority and minority in the political sciences. It seems that in the Quran the majority which does not apply reason and does not know is the majority of opponents of prophets. Thus, the majority and minority terms in the political sciences are connected to governmental affairs in terms of selection of a solution or selection of the best person among the pious men. Thereby, the majority not only is praised but also the minority who participates in the social issues is considered praised. From Islamic social philosophy point of view separation from the community is forbidden and accompaniment to truth-seeking is praiseworthy.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
321
335
https://jlq.ut.ac.ir/article_29664_41442e0151a988ea92e879b3da1b509b.pdf
THE CLASSIFICATION OF THE SOURCES OF OBLIGATIONS CONTRACTUAL AND NON CONTRACTUAL IN FRENCH AND IRANIAN LAW
Alireza
Yazdanian
دانشکده علوم اداری و اقتصاد دانشگاه اصفهان
author
text
article
2011
per
One of problems of the law of obligations is the classification of the sources of obligations. In the law of the rome the obligation arose from contract and crime. In French law there is other sources and this classification has been recorded in other codes. The lawyers believe that this classification is not extensive and logical. Today there is unilateral obligation and obligations by other sources. The effects of classification of the sources of obligations is in the moderns codifications. In the law of Iran the examination of the classification of the sources of obligations is necessary for removal of ambiguity of civil code.
Law Quarterly
University of Tehran
2588-5618
41
v.
2
no.
2011
337
356
https://jlq.ut.ac.ir/article_29665_6d95c954cd6334e7c0d8dbd4d3ae7df5.pdf