University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 COMPRATIVE STUDY OF DEFENDANT’S SIMPLE IGNORANCE AND IT’S AFFECTS IN SHI'A JURSPRUDENCE, IRANIAN LAW AND AMERICAN LAW COMPRATIVE STUDY OF DEFENDANT’S SIMPLE IGNORANCE AND IT’S AFFECTS IN SHI'A JURSPRUDENCE, IRANIAN LAW AND AMERICAN LAW 20197 FA H. Aghaie Nia Reza Zohravi Journal Article 1970 01 01 "Simple ignorance" is an intellectual phenomenon that’s opposite of "knowledge" and foe the requirement mens rea in most crimes within various legal systems and on the other hand, is opposite of "double ignorance" that emerges efficacious and specific view from psychic status in defendantr’s responsibility. This article has an intention to present new and punctual comparative study of defendant’s simple ignorance and its effects in shi'a jurisprudence, Iranian law and American law. "Simple ignorance" is an intellectual phenomenon that’s opposite of "knowledge" and foe the requirement mens rea in most crimes within various legal systems and on the other hand, is opposite of "double ignorance" that emerges efficacious and specific view from psychic status in defendantr’s responsibility. This article has an intention to present new and punctual comparative study of defendant’s simple ignorance and its effects in shi'a jurisprudence, Iranian law and American law. "Simple ignorance" is an intellectual phenomenon that’s opposite of "knowledge" and foe the requirement mens rea in most crimes within various legal systems and on the other hand, is opposite of "double ignorance" that emerges efficacious and specific view from psychic status in defendantr’s responsibility. This article has an intention to present new and punctual comparative study of defendant’s simple ignorance and its effects in shi'a jurisprudence, Iranian law and American law. "Simple ignorance" is an intellectual phenomenon that’s opposite of "knowledge" and foe the requirement mens rea in most crimes within various legal systems and on the other hand, is opposite of "double ignorance" that emerges efficacious and specific view from psychic status in defendantr’s responsibility. This article has an intention to present new and punctual comparative study of defendant’s simple ignorance and its effects in shi'a jurisprudence, Iranian law and American law. https://jlq.ut.ac.ir/article_20197_4f93cd719b1f831b40c3482ba146a593.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 IMPACT OF CONTRIBUTORY NEGLIGENCE ON THE RIGHT OF SUBROGATION OF SOCIAL SECURITY ORGANIZATION IMPACT OF CONTRIBUTORY NEGLIGENCE ON THE RIGHT OF SUBROGATION OF SOCIAL SECURITY ORGANIZATION 20198 FA Mohsen Izanloo Journal Article 1970 01 01 In case of tort liability for personal injuries, on the basis of policy of recoupment (adopted by article 66 of the Iranian social security code), the social security benefits paid to the injured person or his/her personal representatives must be refunded by the tortfeasor: the right of the injured person transfers by way of subrogation to the social security organization. An important problem arises when the injured person himself has been the cause in part of his own misfortune and that his compensation according to the tort system has been reduced because of contributory negligence; the recovery of social security benefit to the extent of the liability of the tortfeasor could seriously reduce the damages to be paid. This is to give the priority to the plaintiff(Absolute theory). There are alternative solutions. Some of them leads to deprive social security organization of his right of subrogation. In case of tort liability for personal injuries, on the basis of policy of recoupment (adopted by article 66 of the Iranian social security code), the social security benefits paid to the injured person or his/her personal representatives must be refunded by the tortfeasor: the right of the injured person transfers by way of subrogation to the social security organization. An important problem arises when the injured person himself has been the cause in part of his own misfortune and that his compensation according to the tort system has been reduced because of contributory negligence; the recovery of social security benefit to the extent of the liability of the tortfeasor could seriously reduce the damages to be paid. This is to give the priority to the plaintiff(Absolute theory). There are alternative solutions. Some of them leads to deprive social security organization of his right of subrogation. https://jlq.ut.ac.ir/article_20198_a6022f050b54521dcb5358ad38f917c1.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 METHODS OF TAKING RIGHT’S AND SECURING RIGHT’S LOCATED IN MUNICIPALITY PUBLIC PLAN’S METHODS OF TAKING RIGHT’S AND SECURING RIGHT’S LOCATED IN MUNICIPALITY PUBLIC PLAN’S 20199 FA Seyed Mohsen Beheshtian Journal Article 1970 01 01 Expansion of urban life nowadays, is a definite reality. Hence,this is vital that the citis going toward extansion. This reality put the burden on sholder of municipalities to move along with necessary projects at the same time. In many cases performance of public plans conflict with personal right of ownership. Regulations have come to play a role to solve the difference between public right and the personal right of ownership, approperiately. This effort, at the result, has brought a perfect arrengment that is suitable to be study from all of its dimensions. Study of this order, sometimes, is from theoretical point of view and in some cases the stody is from practical point of view. From theoritical point of view the attention is on sources and fundation of this arrangement; moreover, with analysis of this elements, the effort is to make a general recognision and clarify its framework. Expansion of urban life nowadays, is a definite reality. Hence,this is vital that the citis going toward extansion. This reality put the burden on sholder of municipalities to move along with necessary projects at the same time. In many cases performance of public plans conflict with personal right of ownership. Regulations have come to play a role to solve the difference between public right and the personal right of ownership, approperiately. This effort, at the result, has brought a perfect arrengment that is suitable to be study from all of its dimensions. Study of this order, sometimes, is from theoretical point of view and in some cases the stody is from practical point of view. From theoritical point of view the attention is on sources and fundation of this arrangement; moreover, with analysis of this elements, the effort is to make a general recognision and clarify its framework. https://jlq.ut.ac.ir/article_20199_9ba0f31babadf6012e92aa887fb04fe7.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 CONSTITUTIONAL LAW: TECHNIQUE OF POWER OR TECHNIQUE OF LIBERTY? AN INTRODUCTION TO FUNCTION OF CONSTITUTIONAL LAW CONSTITUTIONAL LAW: TECHNIQUE OF POWER OR TECHNIQUE OF LIBERTY? AN INTRODUCTION TO FUNCTION OF CONSTITUTIONAL LAW 20200 FA Kheirollah Parvin Yasser Ahmadvand Journal Article 1970 01 01 In this search, authors try to clarify and explain two traditional approaches of constitutional law: Cesarean Tradition and Liberalist tradition. In Cesarean tradition, as technique of power, function of constitutional law is stationing and protection of power in political society by legal statutory safeguards. by contrast, in Liberalist tradition, as technique of liberty, aim of constitutional law is protection of individual rights and liberties by limitation of sovereignty and by legal mechanisms for implementation of this rights and liberties. By critique and evaluation of these traditions, Ultimately, a new approach has been presented. In the Third sense the aim of constitutional law is the establishment of a constructative evolution among power liberty. In this search, authors try to clarify and explain two traditional approaches of constitutional law: Cesarean Tradition and Liberalist tradition. In Cesarean tradition, as technique of power, function of constitutional law is stationing and protection of power in political society by legal statutory safeguards. by contrast, in Liberalist tradition, as technique of liberty, aim of constitutional law is protection of individual rights and liberties by limitation of sovereignty and by legal mechanisms for implementation of this rights and liberties. By critique and evaluation of these traditions, Ultimately, a new approach has been presented. In the Third sense the aim of constitutional law is the establishment of a constructative evolution among power liberty. https://jlq.ut.ac.ir/article_20200_76f7ec55b94232397581f5947408cb38.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE PROPHETIC TRADITION AND CRIMINAL JUSTICE THE PROPHETIC TRADITION AND CRIMINAL JUSTICE 20201 FA Jalil Omidi Journal Article 1970 01 01 Criminal justice is the management of criminal behavior and events that is codificated and administrated by government. Historical studies indicate plenty interference into the citizen’s rights and freedoms by the political regimes. On the contrary, they are some evidences, in the prophetic tradition, denote unwillingness to organization a criminal system and to make use it for expand the political power, In this tradition, the criminal interference is minimal, exceptional and taken from custom and public interests, and it’s enforcement has some humanistic elements and fair standards. By deliberation on these elements and standards may be obtain a new solution to execute criminal aspect of shari? in the contemporary world. Criminal justice is the management of criminal behavior and events that is codificated and administrated by government. Historical studies indicate plenty interference into the citizen’s rights and freedoms by the political regimes. On the contrary, they are some evidences, in the prophetic tradition, denote unwillingness to organization a criminal system and to make use it for expand the political power, In this tradition, the criminal interference is minimal, exceptional and taken from custom and public interests, and it’s enforcement has some humanistic elements and fair standards. By deliberation on these elements and standards may be obtain a new solution to execute criminal aspect of shari? in the contemporary world. https://jlq.ut.ac.ir/article_20201_c4ce5d50acda82b2ca8fe1d5e4587dbc.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 ADOPTION IN CONVENTION ON THE RIGHTS OF THE CHILD 1989 AND ITS COMPARISON WITH IRANIAN LAW ADOPTION IN CONVENTION ON THE RIGHTS OF THE CHILD 1989 AND ITS COMPARISON WITH IRANIAN LAW 20202 FA Manuchehr Tavassoli Naini Journal Article 1970 01 01 In Convention on the Rights of the Child, the adoption has been accepted and the adopted child benefits the same rights and the privileges of natural child. Iran with its reserve right do not accept the regulations of this Convention in cases where it is contrary to Islamic principles. According to Islamic jurisprudence, the adoption is not accepted. Therefore, the internal laws of Iran do not recognize this institution except of religious minorities. In 1353, according to urgent need of community to support the children without guardians, similar institution as "supervision of unsupervised children" was created. Recent institution is largely coordinate with the regulations of Convention on Rights of the Child. Currently, there are many orphans people, including Iranian or non Iranian in Iran territory and the need for their support has raised many questions. In Convention on the Rights of the Child, the adoption has been accepted and the adopted child benefits the same rights and the privileges of natural child. Iran with its reserve right do not accept the regulations of this Convention in cases where it is contrary to Islamic principles. According to Islamic jurisprudence, the adoption is not accepted. Therefore, the internal laws of Iran do not recognize this institution except of religious minorities. In 1353, according to urgent need of community to support the children without guardians, similar institution as "supervision of unsupervised children" was created. Recent institution is largely coordinate with the regulations of Convention on Rights of the Child. Currently, there are many orphans people, including Iranian or non Iranian in Iran territory and the need for their support has raised many questions. https://jlq.ut.ac.ir/article_20202_370dff83813a4788a3596bf29e4299a4.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE RELATION BETWEEN JUSTICE AND GOVERNMENT IN ANCIANT IRAN WITH EMPHASIS ON HISTORICAL INVESTIGATIONS IN HAKHAMANESHIAN LAW THE RELATION BETWEEN JUSTICE AND GOVERNMENT IN ANCIANT IRAN WITH EMPHASIS ON HISTORICAL INVESTIGATIONS IN HAKHAMANESHIAN LAW 20203 FA Mohammad Javad Javid Farima Jamali Journal Article 1970 01 01 Hakhamaneshian to compare with the global challengers concerned with justice more than anything else. This hypothesis come to serious study according to government rule, justice further than individual aspect to social aspects. This article emphasizes the issue which consider the area of public law in Hakhamaneshian period which analysis the social justice on discussion of government rule to inquire preparation and evolution of social justice. For this reason, to study the structure of Hakhamaneshian government with investigation of legitimacy basis and executing rules in aspect of citizenship rights will be necessary. For this reason, to study the structure of Hakhamaneshian government with investigation of legitimacy basis and executing rules in aspect of citizenship rights will be necessary. Hakhamaneshian to compare with the global challengers concerned with justice more than anything else. This hypothesis come to serious study according to government rule, justice further than individual aspect to social aspects. This article emphasizes the issue which consider the area of public law in Hakhamaneshian period which analysis the social justice on discussion of government rule to inquire preparation and evolution of social justice. For this reason, to study the structure of Hakhamaneshian government with investigation of legitimacy basis and executing rules in aspect of citizenship rights will be necessary. For this reason, to study the structure of Hakhamaneshian government with investigation of legitimacy basis and executing rules in aspect of citizenship rights will be necessary. https://jlq.ut.ac.ir/article_20203_a5c082c0d0ffaeea0af8416a51f7fe2f.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE SUITABLE SYSTEM TO PROTECT INTELLECTUAL PROPERTY IN LAYOUT - DESIGNS OF INTEGRATED CIRCUITS THE SUITABLE SYSTEM TO PROTECT INTELLECTUAL PROPERTY IN LAYOUT - DESIGNS OF INTEGRATED CIRCUITS 20204 FA Saeed Habiba Maliheh Zare Journal Article 1970 01 01 This article is directed to a discussion of what the suitable system for the protection of intellectual property rights in layout-designs of integrated circuits is, comparing sui generis form of intellectual property right, adopted by TRIPs Agreement 1994, to patent. For the purpose of accession to the WTO, Iran should enact national laws to honor the international obligations particularly under the TRIPs Agreement. The possibility of choosing patent system for the establishment of a suitable form of protection and its increased role in protecting IC related inventions in practice, have made sui generis system weak, which gives Iran the option to choose between them. This decision is one of the most vital policies which needs a close attention because of the economic and industry situation in Iran. This article is directed to a discussion of what the suitable system for the protection of intellectual property rights in layout-designs of integrated circuits is, comparing sui generis form of intellectual property right, adopted by TRIPs Agreement 1994, to patent. For the purpose of accession to the WTO, Iran should enact national laws to honor the international obligations particularly under the TRIPs Agreement. The possibility of choosing patent system for the establishment of a suitable form of protection and its increased role in protecting IC related inventions in practice, have made sui generis system weak, which gives Iran the option to choose between them. This decision is one of the most vital policies which needs a close attention because of the economic and industry situation in Iran. https://jlq.ut.ac.ir/article_20204_00d95dd2110eddfc679222c422accaea.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 REPAYING SOMBODY ELSE'S DEBTS IN IRAIAN LEGAL SYSTEMI REPAYING SOMBODY ELSE'S DEBTS IN IRAIAN LEGAL SYSTEMI 20205 FA Abbas Ali Daroui Journal Article 1970 01 01 According to article 267 of Civil Law, if a person repays somebody's debt without his prior consent, he has no right of refund. However, inferences derived from different relevant laws and also jurisprudence literatures specify the direction towards the intended result. It should be pointed out the the last part of the civil law article 267 does not represent the true nature of Iranian Legal system. In the Iranian judicial system, as in most other countries', the person repaying somebody else's debt can refund in the following cases: the person intends to do a favor without any expectation, or gets no benefit in repaying the debt or has no obligation. In such circumstances, the payer can refer to the debtor although he has not received any permission from the debtor. According to article 267 of Civil Law, if a person repays somebody's debt without his prior consent, he has no right of refund. However, inferences derived from different relevant laws and also jurisprudence literatures specify the direction towards the intended result. It should be pointed out the the last part of the civil law article 267 does not represent the true nature of Iranian Legal system. In the Iranian judicial system, as in most other countries', the person repaying somebody else's debt can refund in the following cases: the person intends to do a favor without any expectation, or gets no benefit in repaying the debt or has no obligation. In such circumstances, the payer can refer to the debtor although he has not received any permission from the debtor. https://jlq.ut.ac.ir/article_20205_b99e21d2af54e5184ca25357888ba740.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 NATURE AND EFFECT OF LEGAL FICTION NATURE AND EFFECT OF LEGAL FICTION 20206 FA Ebrahim Delshad Journal Article 1970 01 01 Legal fiction as a legal mechanism in various legal systems especially in formalist and inflexible legal systems is original subject of this article. in this article be analysed the nature and elements of legal fiction and its historical role in ancient Roman law system and common law with comparative study in iran legal system. Legal fiction as a legal mechanism in various legal systems especially in formalist and inflexible legal systems is original subject of this article. in this article be analysed the nature and elements of legal fiction and its historical role in ancient Roman law system and common law with comparative study in iran legal system. Legal fiction as a legal mechanism in various legal systems especially in formalist and inflexible legal systems is original subject of this article. in this article be analysed the nature and elements of legal fiction and its historical role in ancient Roman law system and common law with comparative study in iran legal system. Legal fiction as a legal mechanism in various legal systems especially in formalist and inflexible legal systems is original subject of this article. in this article be analysed the nature and elements of legal fiction and its historical role in ancient Roman law system and common law with comparative study in iran legal system. https://jlq.ut.ac.ir/article_20206_3fbe203a83137bfa2940502f58693530.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 FINANCIAL CONTROL OVER THE NON GOVERNMENTAL PUBLIC INSTITUTES AND ORGANISATIONS FINANCIAL CONTROL OVER THE NON GOVERNMENTAL PUBLIC INSTITUTES AND ORGANISATIONS 20207 FA Vali Rostami Seyed Mojtaba Hosseini Poor Journal Article 1970 01 01 Nowadays because of appearing concepts such as good governance as one of essential requirements for sustainable development, controversy about monitoring and accountability of public institutes as one of the good governance features has been increasingly important. Non governmental public institutes and organizations don't get exception. Financial control over these kinds of institutes can be counted as an effective tool to make them be accountable. In order to make financial control effective and efficient, regular spreading out of information, financial transparency, explaining operational dimensions of programs and doing control by independent auditing organizations are essential that these factors are very weak and insufficient in financial control system over Non governmental public institutes and organizations. Present article aims by surveying key concepts concerned with financial affairs of these institutes survey financial control and make it efficient. Nowadays because of appearing concepts such as good governance as one of essential requirements for sustainable development, controversy about monitoring and accountability of public institutes as one of the good governance features has been increasingly important. Non governmental public institutes and organizations don't get exception. Financial control over these kinds of institutes can be counted as an effective tool to make them be accountable. In order to make financial control effective and efficient, regular spreading out of information, financial transparency, explaining operational dimensions of programs and doing control by independent auditing organizations are essential that these factors are very weak and insufficient in financial control system over Non governmental public institutes and organizations. Present article aims by surveying key concepts concerned with financial affairs of these institutes survey financial control and make it efficient. https://jlq.ut.ac.ir/article_20207_ca8b37c58e5235195fe0feeff81750d3.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 PRINCIPLES OF CITIZENS' RIGHT TO ACCESS PUBLIC DOCUMENTS AND INFORMATION PRINCIPLES OF CITIZENS' RIGHT TO ACCESS PUBLIC DOCUMENTS AND INFORMATION 20208 FA Mohammad Javad Rezaeizade Yahya Ahmadi Journal Article 1970 01 01 Nowadays, access to public documents and information is becoming more important. There are different reasons for the universal attention to this issue. Some of these include fighting corruption, expanding citizen participation in public affairs and public services and higher quality of life of people. But in addition to these practical reasons, the right to access public documents and information has also a profound theoretical backing. For example, as a result of this conceptual development, freedom of expression includes citizens' right to gain information and the duty of government to facilitate this access, which includes right to public information. And about the right to self-determination, without access to public information, citizens can not directly or indirectly cooperate in public affairs. Finally, one important element in the principle of transparency is access to publlic documents and information. Nowadays, access to public documents and information is becoming more important. There are different reasons for the universal attention to this issue. Some of these include fighting corruption, expanding citizen participation in public affairs and public services and higher quality of life of people. But in addition to these practical reasons, the right to access public documents and information has also a profound theoretical backing. For example, as a result of this conceptual development, freedom of expression includes citizens' right to gain information and the duty of government to facilitate this access, which includes right to public information. And about the right to self-determination, without access to public information, citizens can not directly or indirectly cooperate in public affairs. Finally, one important element in the principle of transparency is access to publlic documents and information. https://jlq.ut.ac.ir/article_20208_cac6c5056610296880becd583b9f379e.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 EXTRATERRITORIAL EFFECT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS EXTRATERRITORIAL EFFECT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS 20209 FA Seyed Ali Sadat-Akhavi Horrieh Hosseini Akbarnezhad Journal Article 1970 01 01 Article 1 of the European Convention on Human Rights provides that the Contracting Parties shall secure to everyone ‘within their jurisdiction’ the Rights and freedoms defined in the Convention. At a technical level, the key question is how one should interpret the word ‘jurisdiction’ in Article 1. This Article plays a key role in the convention system since it sets out the limits on the obligations assumed by states under the Convention. The question that to what extent the European Convention applies to extraterritorial acts of the States Parties is certainly not a new one. But it has received some more attention in the recent case law of the European Court of Human Rights, the case of Bankovic (2001) offering on occasion for the Strasbourg Court to address this matter in considerable detail. Article 1 of the European Convention on Human Rights provides that the Contracting Parties shall secure to everyone ‘within their jurisdiction’ the Rights and freedoms defined in the Convention. At a technical level, the key question is how one should interpret the word ‘jurisdiction’ in Article 1. This Article plays a key role in the convention system since it sets out the limits on the obligations assumed by states under the Convention. The question that to what extent the European Convention applies to extraterritorial acts of the States Parties is certainly not a new one. But it has received some more attention in the recent case law of the European Court of Human Rights, the case of Bankovic (2001) offering on occasion for the Strasbourg Court to address this matter in considerable detail. https://jlq.ut.ac.ir/article_20209_597181f836218ec128636878effe540d.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 AGENCY THEORY IN THE CORPORATE GOVERNANCE AGENCY THEORY IN THE CORPORATE GOVERNANCE 20210 FA Seyyed Ali Seyyed Ahmadi Sajadi Journal Article 1970 01 01 The emergence and unprecedented growth of joint stock companies is undoubtedly one of the most significant economic developments.One of the outcomes of this development is the separation of ownership and control of the companies. Such separation make it possible for the managers of the companies to make dicisions to serve their interes at the expense of the companies shareholders .This conflict of interests has created a cricis which is called agency problem. The conflict between managers and shareholders interest is a major problem in this field.Corporate governance is a regime to control and supervision of the behavior of managers of the companies. The emergence and unprecedented growth of joint stock companies is undoubtedly one of the most significant economic developments.One of the outcomes of this development is the separation of ownership and control of the companies. Such separation make it possible for the managers of the companies to make dicisions to serve their interes at the expense of the companies shareholders .This conflict of interests has created a cricis which is called agency problem. The conflict between managers and shareholders interest is a major problem in this field.Corporate governance is a regime to control and supervision of the behavior of managers of the companies. https://jlq.ut.ac.ir/article_20210_d121205859360b8e0d1672cfa3620d1f.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 POLITICAL AND CULTURAL TRENDS IN THE PROCESS OF GLOBALIZATION OF HUMAN RIGHTS POLITICAL AND CULTURAL TRENDS IN THE PROCESS OF GLOBALIZATION OF HUMAN RIGHTS 20211 FA Hosein Sharifi Tarazkoohi Journal Article 1970 01 01 International politics in the framework of sovereign states with authority and free will, has its own normative and structural implications even in the scene of the United Nations. This is true up to the point where there is no interference in the internal and domestic affairs of the states, and the issue of human rights is dependent on the political determination of the states. However, in the process of globalization of the human rights, international politics becomes so influenced that the sovereign states, based on the normative changes and free from any political and cultural practice, have to carry out their sovereignty "for" all people and not "against" them. Hence, this piece of article is intended to discuss normative restrictions in carrying out sovereignty by the states, and the structural changes as distinguished from past, appropriate to the fast process of globalization of the rules of human rights. International politics in the framework of sovereign states with authority and free will, has its own normative and structural implications even in the scene of the United Nations. This is true up to the point where there is no interference in the internal and domestic affairs of the states, and the issue of human rights is dependent on the political determination of the states. However, in the process of globalization of the human rights, international politics becomes so influenced that the sovereign states, based on the normative changes and free from any political and cultural practice, have to carry out their sovereignty "for" all people and not "against" them. Hence, this piece of article is intended to discuss normative restrictions in carrying out sovereignty by the states, and the structural changes as distinguished from past, appropriate to the fast process of globalization of the rules of human rights. https://jlq.ut.ac.ir/article_20211_c56bcd93ea0e0f59c6ca2258a8dc6444.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 TERMINATION OF CONTRACTS WITH POSSIBILITY OF ENFORCEMENT TERMINATION OF CONTRACTS WITH POSSIBILITY OF ENFORCEMENT 20212 FA Amir Sadeghi Neshat Journal Article 1970 01 01 Contracts, as is famous in Iranian law, could be terminated if only could not be enforced and performed by whether obligor, or with his charges and by obligee or third party. This view, while may lead to some trouble and injustice for both parties or one of them in many cases, is baseless in Islamic law, as our legal foundation, and also inconsistent with French and Common Law and principles of international trade law. In addition, the above view could not be even logically supported by Iranian civil code’s provisions. The author’s view is, however, opposite to above famous one and is supported by Islamic law, civil code, other legal systems and international trade law. Contracts, as is famous in Iranian law, could be terminated if only could not be enforced and performed by whether obligor, or with his charges and by obligee or third party. This view, while may lead to some trouble and injustice for both parties or one of them in many cases, is baseless in Islamic law, as our legal foundation, and also inconsistent with French and Common Law and principles of international trade law. In addition, the above view could not be even logically supported by Iranian civil code’s provisions. The author’s view is, however, opposite to above famous one and is supported by Islamic law, civil code, other legal systems and international trade law. https://jlq.ut.ac.ir/article_20212_c33d9610b239ead87b41020c1ebcab55.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 ACCESSORY THING OF TRANSACTIONAL SUBJECT AND RESULTS OF ITS ABSENCE ACCESSORY THING OF TRANSACTIONAL SUBJECT AND RESULTS OF ITS ABSENCE 20213 FA Mohsen Safari Mohammad Abdossaleh Shahnoosh Forooshani Journal Article 1970 01 01 Accessory thing is A thing that stands in a dependency relationship with the principal thing. An accessory thing ordinarily serves the economic or other purposes of the principal thing and shares its legal fate in case of transfer or encumbrance. there are some questions? different opinions about the meaning of it and the Is it a contractual subject or not? and may it be determined by implicit statements or not? The task of ascertaining the intention of the parties must be approached objectively: the question is not what one or other of the parties meant or understood by the words used, but “the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. Accessory thing is A thing that stands in a dependency relationship with the principal thing. An accessory thing ordinarily serves the economic or other purposes of the principal thing and shares its legal fate in case of transfer or encumbrance. there are some questions? different opinions about the meaning of it and the Is it a contractual subject or not? and may it be determined by implicit statements or not? The task of ascertaining the intention of the parties must be approached objectively: the question is not what one or other of the parties meant or understood by the words used, but “the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. https://jlq.ut.ac.ir/article_20213_4e5f21e6ebb0758f4795f68f35a6bb26.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS 20214 FA Alireza MohammadZadeh Hassan Mohseni Journal Article 1970 01 01 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". 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". https://jlq.ut.ac.ir/article_20214_1dd394bc56e4415be22ef1c0ad75e347.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 LEGAL ENTITY OF CHARTER-PARTY LEGAL ENTITY OF CHARTER-PARTY 20215 FA Abbas Mohammadi Journal Article 1970 01 01 The know how of a legal entity will have the most effects on the consequences and the rules of that entity. Ship charter contract, which has been considered by trades men since a long time ago, and today is very important because of sea transportation development, is one of these entities. One of the main challenges that doctrine and judicial organs may concern is related to the responsibilities of the ship charterer and lesee which originates from their disaccord in relation to the entity. There are three viewpoints on the nature of the entity: Some groups may take it as the transportation contract, and some other consider it as an unspecified contract, whereas, some may look into charter. The know how of a legal entity will have the most effects on the consequences and the rules of that entity. Ship charter contract, which has been considered by trades men since a long time ago, and today is very important because of sea transportation development, is one of these entities. One of the main challenges that doctrine and judicial organs may concern is related to the responsibilities of the ship charterer and lesee which originates from their disaccord in relation to the entity. There are three viewpoints on the nature of the entity: Some groups may take it as the transportation contract, and some other consider it as an unspecified contract, whereas, some may look into charter. https://jlq.ut.ac.ir/article_20215_a16ec70c6976b9b609e538ecb9724c53.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE EFFECT OF ORIGINAL ACTION EXTINCTION ON COUNTERCLAIM THE EFFECT OF ORIGINAL ACTION EXTINCTION ON COUNTERCLAIM 20216 FA Sam Mohammadi Ali Mohammadzadeh Journal Article 1970 01 01 The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence. The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence. The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence. The counterclaim is one of the ancillary action's which on behalf of the defendant is filed against claimant. Hence, some belive that the counterclaim is subject to original action and extinction of the original action cases is extinction. In this article, we will see that unless exceptional cases, the extinction of the original action shall not affect the counterclaim and this action will continue it's legal existence. https://jlq.ut.ac.ir/article_20216_94f637738f0d35285312f5ae9878d102.pdf

University of Tehran Law Quarterly 2588-5618 39 4 2010 02 20 THE JURISPRUDENTIAL PRINCIPLES OF CIVIL RESPONSIBILITY RESULTING FROM USING PUBLIC PASSAGEWAYS THE JURISPRUDENTIAL PRINCIPLES OF CIVIL RESPONSIBILITY RESULTING FROM USING PUBLIC PASSAGEWAYS 20217 FA Saeid Nazari Tavakkoli Journal Article 1970 01 01 One of the principles of Islamic jurisprudence is paying equitable attention to both individual and society and not to ignore any one of them in favor of the other; a principle which is best observed in the demarcation of the limits of private and public proprietorship, since in Islam the individual proprietorship is as respectful as the public proprietorship and never can any one of them be neglected for the sake of the other, although under certain circumstances observing the respect of one may take precedence over paying regard to the other. Making use of the passageways which are the true evidences of public proprietorship, although a citizen' right, should not disclaim the right of others in using them. One of the principles of Islamic jurisprudence is paying equitable attention to both individual and society and not to ignore any one of them in favor of the other; a principle which is best observed in the demarcation of the limits of private and public proprietorship, since in Islam the individual proprietorship is as respectful as the public proprietorship and never can any one of them be neglected for the sake of the other, although under certain circumstances observing the respect of one may take precedence over paying regard to the other. Making use of the passageways which are the true evidences of public proprietorship, although a citizen' right, should not disclaim the right of others in using them. https://jlq.ut.ac.ir/article_20217_8ad865c502bf90efbc56b7c57c7a8857.pdf