H. Aghaie Nia دانشگاه تهران author Azadeh Chalabi دانشگاه تهران author text article 2009 per The concept of theft has a close link with the concept of property rights. Considering the evolution of these concepts, in the first part of this paper the concepts shall be examined from a theoretical perspective. At this level "property" is defined as a cluster of four kinds of rights, i.e. the rights of possession, alteration, use, and transfer which are applicable to moveable and immovable as well as tangible and intangible properties. Parallel to this definition, the conceptual scope of theft is also determined in respect of any violation of the above rights in various forms of properties. The main argument of this paper is that our definition of property rights affects the scope and nature of the concept of theft. In the second part of this paper and from an empirical perspective we shall examine the place of crime of theft under various legal systems. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20072_656ed09400e8132d50fb0b5354e841b5.pdf Rabia Eskini دانشگاه تهران author text article 2009 per Article 314 of the Iranian Commercial Code provides: "The rules prescribed by this law in relation to the bill of exchange such as the liability of the issuer (or) indorsers and the protest, are applicable to the cheque as well". The interpretation of this article has given rise to the question whether the guarantor of cheque,s liability is joint and several as it is the case with regard to the guarantor of a bill of exchange. A second question is raised also whether bringing claim against the guarantor of cheque follows the same rules as is the case with regard to the guarantor of a bill of exchange. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20073_c0dc6d5f63e27422d83bfe646681f3d2.pdf Mohsen Izanloo دانشگاه تهران author Abbas Mirshekari دانشگاه تهران author text article 2009 per Although frequently obligations involve only one creditor, they may also be established in favor of a number of creditors. In this case the main question is whether the obligation is divided into several parts as number of creditors or there is only one obligation which have several creditors and they are the joint owners of the obligation. Islamic jurisconconsultes believe that the obligation is the joint property of the creditors provided that it arises from a common source: If, for example, two persons jointly own an land, transfer it by a contract of sale, the price of the sale would be their joint property by application of the doctrine of "Real Subrogation". Thus, if one creditor receives part payment from the debtor, s/he has to share it with his/her co-creditor. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20074_3aad291109ddfa954934a3bc7d164b4b.pdf Mostafa Jabbari دانشگاه تهران author text article 2009 per Articles 305 through to 314 in the Islamic punishment law are about agheleh (the party responsible for the minor perpetrator of murber): definition of agheleh, payment of bloud money by agheleh for commiting purely accidental murder, cases in which blood money is up to agheleh and… . Why agheleh should be taken responsible for such payment is a question brought up after the ratification of the Islamic punishment law. The main topic of this article is the due “time” of agheleh rather than considering arguments provided by the pros and cons of “guarantee“ by agheleh. .... ...................... ..............,,,,,,,,,,,,,,,,,,,,,,,,,,, ............ ............ ......... . University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20075_d713cb2d7bc63b76080f52feff1e2dac.pdf Laya Joneydi دانشگاه تهران author Mohammad Norouzi دانشگاه تهران author text article 2009 per Information is the most valuable property in stock exchange market in such a way that the more investors are informed, the better they can succeed in the market. Sometimes, in such circumstances, because of a great gap between the management and the ownership in the big public companies, administrators of these companies find themseleves in a better informational situation in comparison with the ordinary shareholders, so they possess the inside information about the company. The existence of this informational superiority is inevitable but it will reduce the public confidence about stock exchange if it is abused. The first step for preventing the abuse of inside information in stock exchange is to define such a information. In this way, the authors of the article, by finding a comprehensive definition of inside information, try to distinguish between juridical and economic meaning of this term. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20076_91e4964f6d8a44fc90cd6ef36db9ff3e.pdf Mohammad Javad Rezaeizade دانشگاه تهران author Abolfazl Darvishvand داانشگاه تهران author text article 2009 per Disputes resulting from assessment and reception of taxes are possible matters and consequently, some jurisdictions have formed in Taxes’ Affaires Organization in order to resolution of these disputes. The High Council of Tax is located in the climax of this system. The Rule of law and formation of independent jurisdiction to supervision on the enforcement of it, is one of the characteristics of democratic and legitimate regimes. Taking into account the aforementioned matters, the Administrative Justice Court have formed in the Iranian Legal System and according to the Administrative Justice Court’s Act, this Court is competent jurisdiction to formal supervision on tax dispute resolutions jurisdictions’ judgments. This article attempt to determine the roles and functions of High Council of Tax and to discuss the supervision of Administrative Justice Court to on these jurisdictions. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20077_7dc262ed806c23cb46772613bfd95118.pdf Mahmood Saber دانشگاه تهران author text article 2009 per International criminal court (ICC) is created based on an agreement between some countries that theirs final aim is prosecution and punishment of great international crimes. Form and process of initiate investigation and prosecution about an international crime is one of important matters in statute of ICC and its rules of procedure and evidence. In ICC procedural system, regarding international criminal courts precedent, especially precedent of ICTY and ICTR, the prosecutor not only prosecutes crimes but also investigates about them. Of course there is a pre – trial chamber for judicial control of the prosecutor acts and the prosecutor must enforce his/her functions under supervision of this chamber. This article discusses about prosecution of international crimes and explains about powers and duties of the prosecution, pre – trial chamber and another institution related to prosecution and investigation. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20078_5b80dd21338f51fa8e22162dc7468dbe.pdf Mohsen Safari دانشگاه تهران author Reza Zohravi دانشگاه تهران author text article 2009 per Propounding of different views as to rules of rub off punishments - for example "Dar’ Rule" - causes ambiguity, interference, and contrariety between judicial decisions. This article has an intention to explain the different opinions about standard of mistake in "Dar Rule" in shia jurisprudence, Iranian law and British law and then criticizes evidences of them and presents the valid viewpoint. Also we compare that subject with making a mistake about legal, material and psychological elements of crimes in Iranian law. Furthermore, this article studies comparatively theoretical aspects of influence of this mistake in those legals system...... ,,,,,,,,, .................................,,,,, .. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20079_290aaa3007b433a73fc159a6b0f46bab.pdf Abbasali Amid Zanjani دانشگاه تهران author Soheil Jeddi دانشگاه تهران author Boshra Karimi دانشگاه تهران author text article 2009 per Defining a Testament as a contract or a Legal act wich has been made Just by one parti’es intention causes different Legal effects. This article discusses the legal nature of Testament in order to redefine it’s nature.Defining a Testament as a contract or a Legal act wich has been made Just by one parti’es intention causes different Legal effects. This article discusses the legal nature of Testament in order to redefine it’s nature.Defining a Testament as a contract or a Legal act wich has been made Just by one parti’es intention causes different Legal effects. This article discusses the legal nature of Testament in order to redefine it’s nature. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20080_d2027029d52f48e2f0341c05526be09b.pdf Behnam Ghaffari Farsani دانشگاه تهران author text article 2009 per From concluding of a contract to perfect performance, the continuing of contractual relationship may be doubted by some events and in this circumstance, it is necessary to determine the parties’ rights and obligations and the future of their contract. One of these situations is “anticipatory breach” in which prior to the date of performance of contract, it is clear that promisor will not or can not perform own him obligation. Can promisee discharge his reciprocal commitments and bring an action of suffered damages? The Convention on Contracts for the International Sale of Goods is one of the most important referable instruments in sector of International trade which has granted in circumstances the right of discharge of the contract to the innocent party. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20081_a89771d3c45384b57fd076a67d2f3794.pdf Majid Ghamami دانشگاه تهران author Seyyed Mohammad Azin دانشگاه تهران author text article 2009 per Nowadays, Some Procedural Rules has been Transnational and Widely used by Modern Legal Systems. One of them is called " The Principle of Initiative of The Parties in Civil Proceedings", in French known as "Principe Dispositif". This Principle explains Major Role of the Parties Wills in initiating, managing and putting end to Civil Actions. The Judge has no Authority in Pursuing an Action except in which Case that The Plaintiff has demanded. A Civil process is The Scene of Parties Battle and The Judge can do nothing but watching and assessing.Despite The Evolutions aimed to increase The Court's Powers to handle Civil Matters, The principle of parties’ initiative still has a significant Place in Civil Process.The Present Article intends to redefine The Relations between The Judge and The Parties of a Civil Case, specifically in respect the proof and evaluating the facts. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20082_9a831800c2b87529cc19fea60302a4c6.pdf Mojtaba Farahbakhsh دانشگاه تهران author text article 2009 per The fraud as a serious crime against property has some special qualities such as completed actus reus, special personality and situation of offenders and the methods of committing crime that is usually committed in the large aspect and damages a lot of victims. so it differs from other crimes against property. different aspects of this crime needs reconsideration.for example reviewing elements of fraud, especially actus reus from criminal view point is very important because of its very complex aspects. Obtaining illegal property criminalized in Article2 is also a questionable matter. The question is that the concept of crime is so wide and also ambigouse. So its ambiet and concept should be defined exactly. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20083_ac4e66933ef8d0f5152d38bc2f63aac5.pdf Seyed Mahmud Majidi دانشگاه تهران author text article 2009 per The establishment of order and general security and permanent stability of political authority is an interest of prime value which has put into oblivion the legislators´ concern in recent decades about extending assurance to all phases of legal procedure and providing justice in them. The recent modification in French criminal law regarding crimes against security of state show that incrimination and procedure remain respectively far from withdrawal strategy of criminal law and the policy for increase of procedural guarantee. In this article, some aspects of French criminal law are examined which can show the marks of genesis of a security based criminal law in this country. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20084_fc97967a86ebc108fb8975fad1ff9fbd.pdf F. Mahmoodi Janaki دانشگاه تهران author Majid Ghorchi Baigi دانشگاه تهران author text article 2009 per Crime and the fear of crime are pervasive and endemic concerns in modern society and criminal justice systems are clearly failing to tackle both issues. CPTED is an acronym for crime prevention through environmental design which asserts that the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime, and an improvement in the quality of life. The term “Crime Prevention Through Environmental Design” (CPTED) was first coined by criminologist C. Ray Jeffrey in 1971. However it has origin in Jane Jacobs and Newman’s work. This theory is based on this idea that human behavior is on the influence of built environment and its design. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20085_c5b61645675edd67b24167433dfa68b2.pdf Kamaladdin Herissinejad دانشگاه تهران author text article 2009 per Due to the British hegemony of Iran in both pre- and post-Constitutional Revolutionary periods (1906-1911), the Iranian legal system was expected to be influenced by British Common Law following the establishment of the modern government after the Revolution. But it did not happen for various legal and non-legal reasons. A major legal reason could be Iranians’ long history of acquaintance with the written Islamic law, which provided an appropriate background for taking the Roman-German legal system, rather than the Common Law one. Considering Iran’s experience of different Western countries, it also included non-legal reasons: anxieties about further British hegemony; optimism about France compared to Russia and Britain; the use of French in the palace as the diplomatic language; the elites’ knowledge of the French language due to their education in France; and the inspiration of the French education system on the modern Iranian system. paper will focus on these reasons. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20086_f74befaa163d38ca933c659ea93dc622.pdf 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". University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20087_1099b3b1d22f4acae6d1528baa350461.pdf Mohammad Ashouri دانشگاه تهران author Mohamad Javad Fathi دانشگاه تهران author text article 2009 per Legal and judicial mitigating factors are one of the effective mechanisms for individualization of punishments and persuading offenders to avoid the continuation of the act of crime. These would also prevent the harmful consequences of crime from proliferating, and it help to discover crime and arrest aiders and abettors. The legislature has in different instances specified such legal exemptions and in Article 22 of Islsmic Penal Code and in Article 277 of the Criminal Procedure Act have delegated the authority to determine the conditions under which the punishment can be reduced to the criminal court's judges, both during the proceedings and offer the verdict is issued. Legislature has not determined the extent of and the criteria for punishment reduction exemptions, and for this the current law and regulations seem to insufficient. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20088_a29f15bb6da5168690c399983ce0dceb.pdf Hussein Aghaei Janatmakan دانشگاه اهواز author text article 2009 per So far, many international criminal courts have been established for trying international crimes by United Nations and Security Council. Such as; Nuremberg international military tribunal, Tokyo tribunal, international criminal tribunal for former Yugoslavia, international criminal tribunal for former Rwanda, international criminal court and Special court for Searle one. Special Tribunal for Lebanon has a new perspective in the course of the international criminal justice administration. The Special Tribunal for Lebanon (STL) represents a sui generis international tribunal on various levels. STL is the first international criminal jurisdiction to exercise jurisdiction solely over domestic crimes. This is one of the unique elements of the Tribunal. Other important originalities of the Statute of the STL pertain to its procedure. They include the provisions concerning the functions of the pre-trial judge, the role of the judges in conducting the proceedings, the participation of victims and the possibility of holding trials in absentia. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20089_b1cf4d05b3b40340d8f6a1aada1543cf.pdf Abbas Karimi دانشگاه تهران author Iman Rahimipoor دانشگاه تهران author text article 2009 per The different stages of a criminal investigation, to establish the existence of a violation and whether the charges against the persons charged are sufficient to allow a court judge, should receive, are governed by special rules separate those governing the civil trial. Among these steps, questions the accused occupy a prominent place in the stage of obtaining evidence. On the one hand the active role of judge's direction gives it considerable power in this stage and then, the fragile situation of the accused requires that the power of the judge is well supported. For this reason, each legal system has established certain principles drivers to prevent abuse of this power in criminal matters. These principles are the subject of this study. University of Tehran 2588-5618 39 v. 2 no. 2009 https://jlq.ut.ac.ir/article_20090_55c4067ec1ac7765be481d7f926607b1.pdf