فصلنامه مدرس علوم انسانی
سال هشتم شماره 3 (پیاپی 34، پاییز 1383)

It is of an outstanding importance that, when signing a bilateral or multilateral treaty or convention, in which one of the legal terms such as national, citizen, subject, ressortissant and the like is involved, a correct and proper expression is selected and adopted in it. This is because the coverage of some of these terms in the laws of certain countries is much different from those in other countries. This research aimed at conducting a study on the subjects of all legal terms and expressions similar to “national and nationality” in the laws of Iran, UK, USA and France in order to show their similarities and differences. The results showed all the terms used in Iranian law hold the general meaning of national and nationality, witch cover equally all Iranians; whereas in UK’s “1981 Nationality Act”, three different categories of internal and overseas nationalities and citizenships are recognized. In the US legal system, the citizens and nationals are divided into two different groups: “the US citizens and” “the nationals of United States”. The number of subjects and social rights of the former are incompatible to the latter. Finally, in French law, there are four similar expressions each of which varys in number of subjects as well as social rights.

The Condition of payment form the heart of the guarantee. They determine the actual benefits for the beneficiary and the risk exposure for the account party/principal debtor. For example, it is the clause that payment will be made on the beneficiary’s first demandwithout any proof of default that renders this particular guarantee totally different from the traditional or accessory guarantee. On the other, aguarantee payable upon submission of an arbitral or court decision is in substance hardly different from the contract of accessory guarantee. While different as regards the degree of default, all conditions of payment share a common characteristic, namely their documentarynature. All of them require the submission of documents and the bank’s duty is confined to examining whether these documents comply with the documents prescribed in the guarantee. It is this documentary nature of the conditions of payment, which enables the bank to perform its function.

After a description of human cloning, and a review of various divine religious authorities point of views (Christian, Jewish and Islamic) and a report of legal attitudes and global policies on human cloning, both reproductive and therapeutic, we shall discuss this matter according to the Islamic, especially Shiat jurisprudence. As a general result of this research, human reproductive cloning, if could not intrinsically be prohibited, it seems unjustifiable because of its various bad consequences, such as disorder of family system, confusion of clones family relations, possibility of body and mental diseases for clones and suffers of egg donors women and surrogate mothers, regarding to a number of Islamic jurisprudence rules, such as rule of self preservation and necessity respect for human beings and the leading rule of “la zarar” (ban of causing harm to oneself and other) and prevention of confusion of social system order, etc. However use of cloned human embryos for research and exploitation of stem cells to produce transplantable tissues and organs, seems, acceptable, regarding to the important promises of these researches for scientific development in the field of biomedicine, with high benefits for the mankind and bearing in mind that reasons in the authentic Islamic texts for respect of human embryo are related to its post implantation stages.

More than six decades past since the important and everlasting work of Edwin H. Sutherland, The famous professor of penal sociology in the U.S.A, entitled “white-collar crime”, has been published. Sutherland explained this topic in terms of its importance for the civil society of the U.S.A, and opened a new way which was later pursued by the celebrated criminologists. From the criminologists point of view, white- collar criminals who have no ethical conscience, enjoy high ability to commit a crime on one hand, and their conformitibility is in a high level on the other hand. This point expresses the probable harms of these good- looking criminals and their dangerous state. White- collar criminals belong to high social classes, they enjoy power and effectual influence. They commit crimes such as fraud, embezzlement, bribery, forgery, abuse of credit cards, efc. In Sutherland’s definition, “white-collar crime” is a crime committed by a person of high status in the course of occupation. They are called white - collar criminals, because of their plausible face, public reputation, intelligence and being under social acceptability. The effects of their criminal acts are in a manner, which their results predominantly remain for a long time. However, it’s necessary to study the white- collar crimes whit respect to their destructive effects on communities through a comprehensive approach, especially from criminologicaly aspects.

The Guardian Council under the Art. 99 of the Constitutional Law is responsible for the supervision of the parliament elections – takes action to establish permanent supervisory offices in the provinces. The Home Office and some Istambuls, as responsibles for the performance bond, announce that the mentioned offices are illegal. They also forbid collaboration with these offices by issuing of notices and directives. The result of the this struggle is the action of Guardian Council in Administrative Tribunal of Justice which led to the pass of the “sentence number 229” which nollifys the aforesaid notices and directions. In this article, free from for and against political discussions, we try to analyse the parties’ reasons and the sentence 229 by paying attention to the legal doctrines and guidelines. Finally, it has been concluded the order of the Tribunal has many formal and substantial problems. Also, it could not be regarded as a basis for the legality of the mentioned offices.

Gender is one of the important factors which has effect on the possessing of somrights. Therefore, if a person changes her gender, it is necessary to consider that what effect this change has on his or hos or her rights. If the rights of such person are resulting from a contract; in this case the role of gender in the contract must be considered; if it has an essential role, the contact is void, while if it has no essential role, the contract is valid but the other party has the right to cancel the contract. The transgender has no effect on the acquired right of a person who has changed his or her gender provided that his or her past gender had not any role on it’s subsist and he or she can posses the other rights in accordance with his or her new gender. In this article, the legal effects of sex-change. in accordance with the legal principles of Iranian Law and Islamic Jurisprudence, have been studied.

In the lranian Civil Law, like French law, contract agreement is one kind of hire or personal employement. But there are some contracts that their nature is near sale. Sale is a contract for transfering the possession of objects, but transfering the possession of interest is subject to hire agreements. In contracts that contractor undertakes to work, also presents materials, therefore we confuse between the nature of sale and contract agreements. For distinction between these two agrements, authors suggest several criteri: 1. Some scholars put this contract in sale category, 2. Some, accept complex contract in this case, 3.The other believe that this contract is always Contract agreement and 4.The last solution is consideration of the intention of client from agreemts or, 5.Consideration of the economical value of the work and materials or finding primal engagement. Each criterion has some limitations. It seems in the first step that we must distinguish the primal obligation and if we couldnt find it, must define the contract as an inspesific contract.

Poius endownment, as a behaviour that makes possible the continuity of charity has been common among various nations from long ago; however, in Islam because of the emphasis of the Holy Quran and the Muslims’ care on charity affairs, it has got a more significant place, in the manner that it is discussed and scrutinized by the jurists and it’s various dimensions have been taken under the juristical rules and principles. Compiling the Civil Law and allocating the articles No. 55 to 91 to it, endowment is formed as a legal foundation subject, and through the establishment of “Endowment Organization”, it would be controlled by the government and Law. Expansion of the government activities in affairs such as adopting policies toward restricting the private ownership due to the fulfilment of various purposes has led to the compiling of laws that cantain endowment cases, the most important of which is supervising the sale of ensoment properties and changing them to the better. In this article, the process of changes in law has been surveyed and the principles of endowment sale and changing to the better bas been clearly explained. In addition, considering the intereste of endowment,the way for optimnm use of endowment in the framework of fullfilling the real purpose of those who do it, would be prepared and the way for compiling suitable laws in this case would be paved.