University of TehranLaw Quarterly2588-561840220100622THE GOOD FAITH IN THE PERFORMANCE OF A CONTRACT UNDER ENGLISH LAW AND IRANIAN LAWTHE GOOD FAITH IN THE PERFORMANCE OF A CONTRACT UNDER ENGLISH LAW AND IRANIAN LAW21601FAFakhroddinAsghari AghmashhadiHamid RezaAboueiJournal ArticleThe good faith, on one hand, is a familiar word and, on the other hand, is a complicated concept that there is no specified definition for it in the legal field. This ethical institution which has been recommended permanently by the divine friends, nowadays, plays essential role in the positive law. In English law, although some authors accept the good faith in the performance of contracts as a general rule, but this view has been criticized by the others. They accept it only in exceptional cases. In Iranian law, although the basis of some rules in different codes is performance of good faith but its acceptance as a general law is questionable.The good faith, on one hand, is a familiar word and, on the other hand, is a complicated concept that there is no specified definition for it in the legal field. This ethical institution which has been recommended permanently by the divine friends, nowadays, plays essential role in the positive law. In English law, although some authors accept the good faith in the performance of contracts as a general rule, but this view has been criticized by the others. They accept it only in exceptional cases. In Iranian law, although the basis of some rules in different codes is performance of good faith but its acceptance as a general law is questionable.https://jlq.ut.ac.ir/article_21601_ebd9cbfb90ae6a1daeefe91a4cfaa518.pdfUniversity of TehranLaw Quarterly2588-561840220100622THE CRITERIA & THE EFFECTS OF DETERMINING THE PLACE OF TRADE MARK INFRINGEMENT IN CYBERSPACETHE CRITERIA & THE EFFECTS OF DETERMINING THE PLACE OF TRADE MARK INFRINGEMENT IN CYBERSPACE21602FAHamid RezaAslaniJournal ArticleThe use of Trade Marks in e-Commerce causes challenge between "Territoriality of Trade Mark rights" principle and "Global Nature of Internet". It is our aim to find some solution to prevent sacrificing one for another. Prohibition of all kinds of using a trade mark with the allegation of being some opponent right in a special country leads to preference of Territoriality of Trade Mark rights principle to Global Nature of Internet. So any Prohibition is limited to the place in which the right exists. Determining such a place is a hard job because internet is borderless. At the same time issuing some award from a court in the country of origin to a trade mark should not result in prohibition of using the mark on the net at all because this means negation of Territoriality of such right.The use of Trade Marks in e-Commerce causes challenge between "Territoriality of Trade Mark rights" principle and "Global Nature of Internet". It is our aim to find some solution to prevent sacrificing one for another. Prohibition of all kinds of using a trade mark with the allegation of being some opponent right in a special country leads to preference of Territoriality of Trade Mark rights principle to Global Nature of Internet. So any Prohibition is limited to the place in which the right exists. Determining such a place is a hard job because internet is borderless. At the same time issuing some award from a court in the country of origin to a trade mark should not result in prohibition of using the mark on the net at all because this means negation of Territoriality of such right.https://jlq.ut.ac.ir/article_21602_973bc36f4729330b7993f2fdb1a7f9e7.pdfUniversity of TehranLaw Quarterly2588-561840220100622PROHIBITION OF DEPORTATION OF PALESTINIAN CIVILIANS AND BUILDING JEWISH SETTLEMENTS UNDER INTERNATIONAL LAWPROHIBITION OF DEPORTATION OF PALESTINIAN CIVILIANS AND BUILDING JEWISH SETTLEMENTS UNDER INTERNATIONAL LAW21603FAElhamAminzadehHajarSiah RostamiJournal ArticleDuring the occupation of Palestinian territories by Jewish settlers, Palestinian civilians became the main victims of the conflicts and the targets of deportation from their home territory. Collective and individual deportations and transfer by the occupying power of its own nationals into the territory it had occupied have frequently been carried out in the Palestinian territories by Israel as an occupying power. In this paper, these actions have been scrutinized in relation to the Fourth Geneva Convention of 1949, the United Nations Security Council and the General Assembly Resolutions, the Statute of the International Criminal Court and other international law rules and documents.During the occupation of Palestinian territories by Jewish settlers, Palestinian civilians became the main victims of the conflicts and the targets of deportation from their home territory. Collective and individual deportations and transfer by the occupying power of its own nationals into the territory it had occupied have frequently been carried out in the Palestinian territories by Israel as an occupying power. In this paper, these actions have been scrutinized in relation to the Fourth Geneva Convention of 1949, the United Nations Security Council and the General Assembly Resolutions, the Statute of the International Criminal Court and other international law rules and documents.https://jlq.ut.ac.ir/article_21603_c828991bf51544cf79c2141168c359c7.pdfUniversity of TehranLaw Quarterly2588-561840220100622INHERITANCE OF DIYA'INHERITANCE OF DIYA'21604FAMohsenIzanlooAbbasMirshekariJournal ArticleThe opinion of Islamic jurists are different on the subject off inheritance of Diya'(blood money). On the other hand, the matter of inheritance of Diya' has important legal effects from the viewpoint of tort law and general theory of obligations. These are the main questions: Who are the heirs of Diya'? Does homicide by error, like murder, is an impediment to Inheritance of Diya'? In case of murder, are the heirs of propostius allowed the choice between Qisas and Diya' or the only obligatory remedy for murder is Qisas and it will be transferred to Diya' by mutual consent of murderer and victims' heirs?
The article purports, While examining different opinions of Islamic(specially Shiite) jurists concerning these questions and some others, provide due solutions to protect the rights of tortfeasors, victims, heirs and creditors of propostius.The opinion of Islamic jurists are different on the subject off inheritance of Diya'(blood money). On the other hand, the matter of inheritance of Diya' has important legal effects from the viewpoint of tort law and general theory of obligations. These are the main questions: Who are the heirs of Diya'? Does homicide by error, like murder, is an impediment to Inheritance of Diya'? In case of murder, are the heirs of propostius allowed the choice between Qisas and Diya' or the only obligatory remedy for murder is Qisas and it will be transferred to Diya' by mutual consent of murderer and victims' heirs?
The article purports, While examining different opinions of Islamic(specially Shiite) jurists concerning these questions and some others, provide due solutions to protect the rights of tortfeasors, victims, heirs and creditors of propostius.https://jlq.ut.ac.ir/article_21604_aa155ec10ec4a303cda6180852c343d1.pdfUniversity of TehranLaw Quarterly2588-561840220100622GETTING TO KNOW THE CONCEPT OF “RIGHT” AND “DUTY” IN THE MIDDLE AGE AND THE MODERN TIMEGETTING TO KNOW THE CONCEPT OF “RIGHT” AND “DUTY” IN THE MIDDLE AGE AND THE MODERN TIME21605FAMohammad JavadJavid0000-0002-6888-0361Mohammad AliAnvariJournal ArticleThe philosophers in the medieval time and their ancestors’, ancient roman philosophers, believed that the ultimate prosperity for the human being would be achieved through the whole society’s intellectual pursuits orchestrated by them.Later on the 15th and 16th century, there was a gradual change in the philosophical thoughts leading to the belief that the ultimate happiness for the human being is nothing but the humanity itself and nothing beyond its living needs. Therefore the government belongs to every single member of the society who shall provide them with service.This article is analyzing the modern time achievements of the philosophical shift which caused the “right” and “duty” centric beliefs as the grass roots of today’s bill of Human Rights.The philosophers in the medieval time and their ancestors’, ancient roman philosophers, believed that the ultimate prosperity for the human being would be achieved through the whole society’s intellectual pursuits orchestrated by them.Later on the 15th and 16th century, there was a gradual change in the philosophical thoughts leading to the belief that the ultimate happiness for the human being is nothing but the humanity itself and nothing beyond its living needs. Therefore the government belongs to every single member of the society who shall provide them with service.This article is analyzing the modern time achievements of the philosophical shift which caused the “right” and “duty” centric beliefs as the grass roots of today’s bill of Human Rights.https://jlq.ut.ac.ir/article_21605_22c95b490feee0556535ea97bafb1319.pdfUniversity of TehranLaw Quarterly2588-561840220100622A NEW APPROACH TO COMPARATIVE LAW AND ITS RELATION WITH INTERNATIONAL LAWA NEW APPROACH TO COMPARATIVE LAW AND ITS RELATION WITH INTERNATIONAL LAW21606FAMahmoudJalaliJournal ArticleThe world of law has been dominated by waves of codification or re-codification and by currents of harmonization and unification. Innumerable institutions, not only in Europe but around the globe including in Iran, try to bring legal systems together, and to suggest uniform laws. Such attempts necessarily rely on comparative law as the first methodological tool. The European experience is an illustrative of the role being played by comparative law at regional level. In line with this argument, comparative law serves international law in three different ways: first, it helps national lawyers to find out common rules as foundations for the unified global legal system.The world of law has been dominated by waves of codification or re-codification and by currents of harmonization and unification. Innumerable institutions, not only in Europe but around the globe including in Iran, try to bring legal systems together, and to suggest uniform laws. Such attempts necessarily rely on comparative law as the first methodological tool. The European experience is an illustrative of the role being played by comparative law at regional level. In line with this argument, comparative law serves international law in three different ways: first, it helps national lawyers to find out common rules as foundations for the unified global legal system.https://jlq.ut.ac.ir/article_21606_878579eaa9f4f2a252e909b75890c924.pdfUniversity of TehranLaw Quarterly2588-561840220100622THE CRIME OF NEGLLGENCE IN PROTECTION OF CLASSIFIED INFORMATIONTHE CRIME OF NEGLLGENCE IN PROTECTION OF CLASSIFIED INFORMATION21607FAMohammad JafarHabibzadehGhasemKaramatJournal ArticleScientific improvement has affected and changed all aspects of human life including the circumstance, type and the manner of crimes perpetration. One of the most important crimes that, considerably, its manner of commitment has been complicated and various is “ espionage “ and its related crimes. One of the approximate new methods that enemies have employed for gathering the information against Islamic Republic is named “elicitation“. For increasing the use of this method, legislator concerned about it and in 1375, for increasing the care and attention of governmental official in protection of the classified information, considered their negligence in this area as “ elicitation “ crime. But the way of writing and arranging the statute cause some difficulties and ambiguities. In this paper, we refer to the history of the subject and define the crime and analyse its relative legal rules.Scientific improvement has affected and changed all aspects of human life including the circumstance, type and the manner of crimes perpetration. One of the most important crimes that, considerably, its manner of commitment has been complicated and various is “ espionage “ and its related crimes. One of the approximate new methods that enemies have employed for gathering the information against Islamic Republic is named “elicitation“. For increasing the use of this method, legislator concerned about it and in 1375, for increasing the care and attention of governmental official in protection of the classified information, considered their negligence in this area as “ elicitation “ crime. But the way of writing and arranging the statute cause some difficulties and ambiguities. In this paper, we refer to the history of the subject and define the crime and analyse its relative legal rules.https://jlq.ut.ac.ir/article_21607_ab64c7ef8d0578f7dd1acb6d064a61cd.pdfUniversity of TehranLaw Quarterly2588-561840220100622THE BASES OF VALIDITY OF EXPERT’S ADVISE IN ISLAMIC LAWTHE BASES OF VALIDITY OF EXPERT’S ADVISE IN ISLAMIC LAW21608FAHasan ZadehMehdiJournal ArticleAbout the bases of validity of “expert’s advise” existing of “tradition of learned” upen reference to “experts” has not been doubted and it has been accepted that this tradition has been confirmed with the legislator of Islam. However, some of jurists have emphasized upen concluding “confidence” frome the experts advise. Others have belived the expert’s advise as a kind of witness, so they thought that the conditions of witness were necessary about the expert’s advise.
About the bases of validity of “expert’s advise” existing of “tradition of learned” upen reference to “experts” has not been doubted and it has been accepted that this tradition has been confirmed with the legislator of Islam.About the bases of validity of “expert’s advise” existing of “tradition of learned” upen reference to “experts” has not been doubted and it has been accepted that this tradition has been confirmed with the legislator of Islam. However, some of jurists have emphasized upen concluding “confidence” frome the experts advise. Others have belived the expert’s advise as a kind of witness, so they thought that the conditions of witness were necessary about the expert’s advise.
About the bases of validity of “expert’s advise” existing of “tradition of learned” upen reference to “experts” has not been doubted and it has been accepted that this tradition has been confirmed with the legislator of Islam.https://jlq.ut.ac.ir/article_21608_0871af0e2e24e2b794de31ce67099ba0.pdfUniversity of TehranLaw Quarterly2588-561840220100622"PREVENTIVE PUNISHMENTS": THEORETICAL CHALLENGES AND PRACTICAL CONSTRAINTS"PREVENTIVE PUNISHMENTS": THEORETICAL CHALLENGES AND PRACTICAL CONSTRAINTS21609FASeyed MohammadHosseiniJournal ArticleMaking up a new category of punishments under the title of "Preventive Punishments" has been the subject of a long debate since 1368 when, during the first decade of the Islamic Republic of Iran the issue of "discretionary punishment" was at stake. This was because the discretionary nature of such punishments on the hand and absence of the concept of Limitation under Shi'a jurisprudence one other hand has led to a conflict between the perpetual nature of these punishments once introduced as law and the concept of limitation. The invention of this title for punishments of certain crimes, alongside the concept of "discretionary punishments" was seen as an escape route from this above conflict and "jurisprudential" deadlock. In this short paper,Making up a new category of punishments under the title of "Preventive Punishments" has been the subject of a long debate since 1368 when, during the first decade of the Islamic Republic of Iran the issue of "discretionary punishment" was at stake. This was because the discretionary nature of such punishments on the hand and absence of the concept of Limitation under Shi'a jurisprudence one other hand has led to a conflict between the perpetual nature of these punishments once introduced as law and the concept of limitation. The invention of this title for punishments of certain crimes, alongside the concept of "discretionary punishments" was seen as an escape route from this above conflict and "jurisprudential" deadlock. In this short paper,https://jlq.ut.ac.ir/article_21609_6578ea8c336aa704c7e8ea2c5f19353b.pdfUniversity of TehranLaw Quarterly2588-561840220100622ENFORCEMENT OF CIVIL DICTUMS AGAINST LEGAL PERSONS OF PUBLIC LAW PROCEDURES AND OBSTACLESENFORCEMENT OF CIVIL DICTUMS AGAINST LEGAL PERSONS OF PUBLIC LAW PROCEDURES AND OBSTACLES21610FAValiRostamiKayomarsSepehriJournal ArticleEnforcement of civil claims dictums is based on conditions and ceremonials that stated in civil dictums enforcement act. Deadline respite in dictums enforcement is unreasonable and athwart goal and philosophy of procedure. Also it,s against the indispensable of dictums.
After Islamic revolution, legislator ordains regulations that give extra Deadline to some governmental and public organizations to enforce dictums that determined athwart them. With regard to the title and context of these acts it,s necessary to know which organizations are being abject it.
Another question is that by legislate acts such as general computations code, these regulations that ordain special circumstance are valid? With the assumption of credit, how executer organizations can delay enforcement of dictums? And what are the symptoms of infringement? This paper discusses these topics.Enforcement of civil claims dictums is based on conditions and ceremonials that stated in civil dictums enforcement act. Deadline respite in dictums enforcement is unreasonable and athwart goal and philosophy of procedure. Also it,s against the indispensable of dictums.
After Islamic revolution, legislator ordains regulations that give extra Deadline to some governmental and public organizations to enforce dictums that determined athwart them. With regard to the title and context of these acts it,s necessary to know which organizations are being abject it.
Another question is that by legislate acts such as general computations code, these regulations that ordain special circumstance are valid? With the assumption of credit, how executer organizations can delay enforcement of dictums? And what are the symptoms of infringement? This paper discusses these topics.https://jlq.ut.ac.ir/article_21610_ef154aea8a44ebae574d0371fb6233c3.pdfUniversity of TehranLaw Quarterly2588-561840220100622SPATIAL ANALYSIS OF CRIME IN KARAJ CITY WITEUSEDGISSPATIAL ANALYSIS OF CRIME IN KARAJ CITY WITEUSEDGIS21611FAAliZangi AbadiHosseinRahimi NaderJournal ArticleBased on this fact that the rate of crime and violence in Iran , specially in karaj as the more populated satellite City, is higher than many other Countries; the essay tries to analyse the crime spacially and recognise high crime places and the crimindls residence in karaj. In addition , it evaluates the impacts of the Charaters of the crime zones on legal offence. In this survey ,the Cohensive analytical methods and Crime opportunities based on random Sampling have been used.the results of the survey show that there is a meaningfull relation between Criminality and the specification of the place, such as darkness and retieredness. In addition high immigrant population of karaj has a tensetive impact on Criminality.this phenomena Coused a high Criminality in marginal districts of karaj.Based on this fact that the rate of crime and violence in Iran , specially in karaj as the more populated satellite City, is higher than many other Countries; the essay tries to analyse the crime spacially and recognise high crime places and the crimindls residence in karaj. In addition , it evaluates the impacts of the Charaters of the crime zones on legal offence. In this survey ,the Cohensive analytical methods and Crime opportunities based on random Sampling have been used.the results of the survey show that there is a meaningfull relation between Criminality and the specification of the place, such as darkness and retieredness. In addition high immigrant population of karaj has a tensetive impact on Criminality.this phenomena Coused a high Criminality in marginal districts of karaj.https://jlq.ut.ac.ir/article_21611_934307c5f6de137954bb0b5d7f18fa30.pdfUniversity of TehranLaw Quarterly2588-561840220100622CIVIL LIABILITY OF ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS AND INTERMEDIARIESCIVIL LIABILITY OF ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS AND INTERMEDIARIES21612FAHosseinSadeqiJournal ArticleCivil liability in electronic communications is one the most important issues of Information and communications technology (ICT) law.
Civil liability may be arisen from different causes such as copyright and trade mark infringement invasion of privacy and defamation. when discussing civil liability, two different civil liability systems may be considered: direct and indirect civil liability. In electronic transactions, the roll and legal situation of electronic communications service providers and intermediaries (such as internet service providers (ISPs), access service providers (ASPs) and host service providers) is very important.
Liability of intermediaries and service providers are typical examples of indirect liability. On the other hand, indirect liability is of following types: contributory or vicarious.Civil liability in electronic communications is one the most important issues of Information and communications technology (ICT) law.
Civil liability may be arisen from different causes such as copyright and trade mark infringement invasion of privacy and defamation. when discussing civil liability, two different civil liability systems may be considered: direct and indirect civil liability. In electronic transactions, the roll and legal situation of electronic communications service providers and intermediaries (such as internet service providers (ISPs), access service providers (ASPs) and host service providers) is very important.
Liability of intermediaries and service providers are typical examples of indirect liability. On the other hand, indirect liability is of following types: contributory or vicarious.https://jlq.ut.ac.ir/article_21612_dcbe4be7606b574be9a50c64ffbe5254.pdfUniversity of TehranLaw Quarterly2588-561840220100622COMPARATIVE CONSIDERATION OF LAND REGISTRATION SYSTEMS WITH EMPHASIS ON IRANIAN LAND REGISTRATION SYSTEMCOMPARATIVE CONSIDERATION OF LAND REGISTRATION SYSTEMS WITH EMPHASIS ON IRANIAN LAND REGISTRATION SYSTEM21613FANasrinTabatabaee HesareeJournal ArticleRegistration institution guarantees economic and legal security. Human societies always noted this point and created several registration systems. Land title registration should be simple, reliable…and well suited to the society it serves. With regard to social conditions, every society fallows from one of these systems.
Iranian registration system has enough capacity to establish legal security, but doesn't overlap with owners, government, and society's interests and there are some problems and challenges that require amending registration laws. Then it must to submit exact solutions that terminate challenges about interpretation and application of registration regulations.
In this thesis, among comparative perspective, is tried to determine the sort of Iranian registration system about real properties and submitted some solutions and recommendations.Registration institution guarantees economic and legal security. Human societies always noted this point and created several registration systems. Land title registration should be simple, reliable…and well suited to the society it serves. With regard to social conditions, every society fallows from one of these systems.
Iranian registration system has enough capacity to establish legal security, but doesn't overlap with owners, government, and society's interests and there are some problems and challenges that require amending registration laws. Then it must to submit exact solutions that terminate challenges about interpretation and application of registration regulations.
In this thesis, among comparative perspective, is tried to determine the sort of Iranian registration system about real properties and submitted some solutions and recommendations.https://jlq.ut.ac.ir/article_21613_1a01b448690083588db6c9dbc171031a.pdfUniversity of TehranLaw Quarterly2588-561840220100622THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEMTHEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM21614FARezaTajarlouJournal ArticleIn this paper the debates about the philosophy of corporate insolvency law by American and English commentators is examined. It is argued that the economic approach, which supports the only creditors’ right, and traditional approach, which supports different interests, are two main ideas that have been discussed by American and English scholars. It seems the officinal reports in U.S more or less represent the dominance of traditional approach and the reports in England nearly represent the economic approach. In conclusion, it is argued that the supporting of creditors’ right and the supporting of the concept of capital could benefits public interests as well. And this approach could be in line with the rehabilitation and rescue process if it maximises the company’s assets.In this paper the debates about the philosophy of corporate insolvency law by American and English commentators is examined. It is argued that the economic approach, which supports the only creditors’ right, and traditional approach, which supports different interests, are two main ideas that have been discussed by American and English scholars. It seems the officinal reports in U.S more or less represent the dominance of traditional approach and the reports in England nearly represent the economic approach. In conclusion, it is argued that the supporting of creditors’ right and the supporting of the concept of capital could benefits public interests as well. And this approach could be in line with the rehabilitation and rescue process if it maximises the company’s assets.https://jlq.ut.ac.ir/article_21614_4717c244331eb475a42e5f58945e945c.pdfUniversity of TehranLaw Quarterly2588-561840220100622BASIS AND THOUGHTS OF POWERS SEPARATION PLANBASIS AND THOUGHTS OF POWERS SEPARATION PLAN21615FAParvisAlaviNadaliSadeghianJournal ArticleAccording to the reason and philosophy of powers separation, scientists and experts in public law mention it as a guaranty for security and prevention against despotism. Therefore the principle of the powers separation is one of the most vital discussions about natural rights of nations which are due to controlling political power and preventing power centralization. In Islamic republic of Iran the main patterns of political system is based on separation of powers' principles and aims to prevent power centralization and related corruption. In this essay for more acquaintance with powers separation in west and also present Islamic scientists ideas. On the other hand we will discuss the different types of separation of powers and founded systems.According to the reason and philosophy of powers separation, scientists and experts in public law mention it as a guaranty for security and prevention against despotism. Therefore the principle of the powers separation is one of the most vital discussions about natural rights of nations which are due to controlling political power and preventing power centralization. In Islamic republic of Iran the main patterns of political system is based on separation of powers' principles and aims to prevent power centralization and related corruption. In this essay for more acquaintance with powers separation in west and also present Islamic scientists ideas. On the other hand we will discuss the different types of separation of powers and founded systems.https://jlq.ut.ac.ir/article_21615_8206a42a49e26f8419132a9c97e016f6.pdfUniversity of TehranLaw Quarterly2588-561840220100622DISTINCTION BETWEEN QUESTION OF FACT AND QUESTION OF LAW; ELABORATING A THEORIC BASIDISTINCTION BETWEEN QUESTION OF FACT AND QUESTION OF LAW; ELABORATING A THEORIC BASI21616FAMajidGhamamiMojtabaEshraghi AraniJournal ArticleAny litigation is composed of a series of facts and rules the distinction between them is of great import. One may distinct the factual elements of litigation as "questions of fact" from the legal elements thereof classically called "questions of law". The parties to litigation as well as the judges who adjudicate the litigation always need to keep this distinction in mind to avoid misleading the process of adjudication. "The due process of law" requires that both the litigants and the judge play their own role in the proceeding; while the litigants are to deal with the questions of fact, the judge shall exclusively determine the questions of law. This essay tries to draw a clear and pragmatic border between the questions of fact and questions of law and present a logically well-defined criterion appropriate to apply by the tribunals and judicial officers in this effect.Any litigation is composed of a series of facts and rules the distinction between them is of great import. One may distinct the factual elements of litigation as "questions of fact" from the legal elements thereof classically called "questions of law". The parties to litigation as well as the judges who adjudicate the litigation always need to keep this distinction in mind to avoid misleading the process of adjudication. "The due process of law" requires that both the litigants and the judge play their own role in the proceeding; while the litigants are to deal with the questions of fact, the judge shall exclusively determine the questions of law. This essay tries to draw a clear and pragmatic border between the questions of fact and questions of law and present a logically well-defined criterion appropriate to apply by the tribunals and judicial officers in this effect.https://jlq.ut.ac.ir/article_21616_32cd0b3cfed084c5c03f6aafa0bb8d13.pdfUniversity of TehranLaw Quarterly2588-561840220100622EVOLUTIONS OF THE SECURITY AVIATION LAW IN AFTER TERRORIST ATTACKS OF SEPTEMBER 11- 2001 IN THE UNITED STATESEVOLUTIONS OF THE SECURITY AVIATION LAW IN AFTER TERRORIST ATTACKS OF SEPTEMBER 11- 2001 IN THE UNITED STATES21617FAAli AkbarGolrooShahramZarneshanJournal ArticleEnsuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community. Pursuant to the serious challenges in this sector after terrorist events of 11 September 2001 in the United States, International Civil Aviation Organization (ICAO) as the most important organization relating to the international civil aviation, has designed and developed new measures in this respect ,also, the improvement and reinforcement of the prior Standards and Recommended practices have had an influent role in intensification of measures relating to security aviation. Ensuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community.Ensuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community. Pursuant to the serious challenges in this sector after terrorist events of 11 September 2001 in the United States, International Civil Aviation Organization (ICAO) as the most important organization relating to the international civil aviation, has designed and developed new measures in this respect ,also, the improvement and reinforcement of the prior Standards and Recommended practices have had an influent role in intensification of measures relating to security aviation. Ensuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community.https://jlq.ut.ac.ir/article_21617_86ec2b20d2256ee17bff18962bf3ea8b.pdfUniversity of TehranLaw Quarterly2588-561840220100622AN INVESTIGATION OF THE IMPRISONMENT RULES OF GENERAL AFFAIR VIOLATORS IN HOLY QURAN AND TRADITIONSAN INVESTIGATION OF THE IMPRISONMENT RULES OF GENERAL AFFAIR VIOLATORS IN HOLY QURAN AND TRADITIONS21618FAS.MorrovatA.Zargosh NasabJournal ArticleIn order to protect individual and society from deviations and indecent activities, there are appropriate penal laws like hadd and ta’ zir in Quran and Traditions to halter administrative violators and social corrupters. In this regard, imprisonment in different forms has been considered as one of correctional punishments in narratives texts of Shiite and Sunnite.
This article submits not only a comprehensive report of the considerations regarding imprisonment of governors, spurious physicians, traitors to the public treasure, hustlers, cuckolds, and so on, but also an extensive study on the quality and quantity of this kind of punishment according to the Shiite and Sunnite narrations. The deliberating of Shiite and Sunnite’s view concerning imprisonment and finally offering a new theory on the basis of Quranic narrations and juridical evidence are the other goals of this study.In order to protect individual and society from deviations and indecent activities, there are appropriate penal laws like hadd and ta’ zir in Quran and Traditions to halter administrative violators and social corrupters. In this regard, imprisonment in different forms has been considered as one of correctional punishments in narratives texts of Shiite and Sunnite.
This article submits not only a comprehensive report of the considerations regarding imprisonment of governors, spurious physicians, traitors to the public treasure, hustlers, cuckolds, and so on, but also an extensive study on the quality and quantity of this kind of punishment according to the Shiite and Sunnite narrations. The deliberating of Shiite and Sunnite’s view concerning imprisonment and finally offering a new theory on the basis of Quranic narrations and juridical evidence are the other goals of this study.https://jlq.ut.ac.ir/article_21618_bd578998adcc95981af6429de69e53c9.pdfUniversity of TehranLaw Quarterly2588-561840220100622CONSEQUENTIAL ANALAYSIS ABOUT PRINCIPLE 4 OF CONSTITUTIONCONSEQUENTIAL ANALAYSIS ABOUT PRINCIPLE 4 OF CONSTITUTION21619FAEbrahimMousazadehJournal ArticleAnalysis based on consequential argument is end – oriented analysis. The Main purposes of the fourth principle of the constitution of Islamic republic of Iran are achievement of legal order and guarantee the hierarchy of superior norms. Therefore, the constitution must be protected against legislature, but it must be protect against not only other branches and governmental organs. In other hand, the guardian council protects principles of constitution against legislature. This article try to present this argument that consequential analysis is useful about protection of constitution principles against political and other branches of government.This article try to present this argument that consequential analysis is useful about protection of constitution principles against political and other branches of government.Analysis based on consequential argument is end – oriented analysis. The Main purposes of the fourth principle of the constitution of Islamic republic of Iran are achievement of legal order and guarantee the hierarchy of superior norms. Therefore, the constitution must be protected against legislature, but it must be protect against not only other branches and governmental organs. In other hand, the guardian council protects principles of constitution against legislature. This article try to present this argument that consequential analysis is useful about protection of constitution principles against political and other branches of government.This article try to present this argument that consequential analysis is useful about protection of constitution principles against political and other branches of government.https://jlq.ut.ac.ir/article_21619_e83282774187cf34b827b3c9570864c2.pdfUniversity of TehranLaw Quarterly2588-561840220100622THE ROLE OF EQUITY IN SETTLEMENT OF INTERNATIONAL DISPUTESTHE ROLE OF EQUITY IN SETTLEMENT OF INTERNATIONAL DISPUTES21620FASeyed BagherMirabbassiRezvanBagherzadehJournal ArticleInternational law, either conventional or customary, appears to be fair and just according to international jurisprudence. Nevertheless, it is impossible to find invariably fair solutions in all international cases merely based on positive laws due to exceeding intricacy of international disputes, variety of circumstances, etc. Consequently, flexibility of equity, consisting of “equity as a restricted concept” and “ex aequo et bono”, is absolutely necessary to solve the mentioned problem. Equity plays three different roles: Infra legem, Praeter legem, Contra legem. The first one conforms to the restricted equity whereas the latter ones correspond to “ex aequo et bono”. The present article intends to clarify these roles through giving an account of the concepts.International law, either conventional or customary, appears to be fair and just according to international jurisprudence. Nevertheless, it is impossible to find invariably fair solutions in all international cases merely based on positive laws due to exceeding intricacy of international disputes, variety of circumstances, etc. Consequently, flexibility of equity, consisting of “equity as a restricted concept” and “ex aequo et bono”, is absolutely necessary to solve the mentioned problem. Equity plays three different roles: Infra legem, Praeter legem, Contra legem. The first one conforms to the restricted equity whereas the latter ones correspond to “ex aequo et bono”. The present article intends to clarify these roles through giving an account of the concepts.https://jlq.ut.ac.ir/article_21620_895b6af63f9be375e707a988ace34ab9.pdf