مجله حقوق خصوصی
پیاپی 15 (پاییز و زمستان 1388)

The issuing of credit cards by banks and other financial and credit institutions is a new experience in Iran. The compatibility of credit cards with Islamic rules and Islamic banking and establishment of a legal structure for maintaining security for such cards, avoiding frauds and settling relating disputes is one of the most challenging issues of the Iranian legislation. As the issuance and use of credit cards is not possible without establishing anecessary legal basis, the Executive Decree relating to the Issuing and Operating of Purchase Credit Cards was approved and notified by Iranian Central Bank in 7/3/1387. In this article, this Decree will be examined and its shortcomings will be reviewed.

Copyright is characterized by the concept of originality. Despite its very importance in the formation of a work with its effects and consequences and despite some research previously done in this area, yet, further study seems necessary. One of the reasons for this is, perhaps, the relative and subjective concept of originality and its flexible nature. This research attempts to define the idea of originality and to make distinction between itand other relevant and close concepts, such as novelty, quality, work and its destination. Also, it seeks to analyse consequences of the definition, to distinguish the originality and to analyse how to prove this relative concept. In the light of this research, various aspects of the concept of originality will be studied. Mean while, defects of the Iranian statutory and case laws in this area will become evident.

Anfal is a general and pervasive term which includes extensive range of properties with different characteristics. Mountains-forests-pastures-waste lands- seas and lakes-mines-oil and gas-animal resource(aquatic or non aquatic)- heritages without heir-booty and ….The question that this article is intended to find complete answer is “what is the special characteristic of Anfal that distinguish them from other properties? what is the determinant criterion of Anfal?” Answering to this question is dependant to explaining the ratio between Anfal and other titles of public ownership. Because pay attention toinstances of other titles of public ownership illustrate some instances of Anfal has described as other public properties. In this research after studying lexical and idiomatic meaning of Anfal we will analyze submitted definitions and then demonstrate that determinant criterion of Anfal is “lack of special owner” and then present comprehensivedefinition of Anfal. In this way we prove that proportion between Anfal and public properties is match and other titles of public ownership are subset of Anfal.

The kind of contracts of government and public organisations that relates public affaires, That named public or administrative contracts, are very important to fulfil legal duties of government, and Public Contracts are new forms of providing public welfare, And Management of public services, that are based on consenting instead of being authoritarian, but had been studied less in iran law because of some reasons.Due attention to necessity of this kind of contracts, The purpose of this article is considering what indicators are in Iranian legal system to recognize administrative contracts. So must be answered these questions: Are administrative contracts properly definited? What specific indicators are acceptable for administrative and public contracts in Iranian law? In Iranian law, These contracts are not recognized and identificated perfectly from other government contracts.I study this research in three chapters, in first, definition secondly, history, importance and in third chapter specifications of administrative (or public contracts) in Iran legal system.

In recent years, two positive and effective developments have occurred in Iran's legal system regarding the realization of the rights belonging to disabled people. In 1999, the Comprehensive Act for Protection of Rights of Disabled Persons was adopted; and in 2009, Iran joined the Convention on the Rights of Persons with Disabilities. The present paper studies the obligations of the Islamic Republic of Iran towards the realization of thecultural rights of persons with disabilities by considering the provisions of the two above mentioned legal instruments. In this paper, cultural rights implies the right to education, to participate in cultural life of the society and to have access to information. The paper concludes that the Comprehensive Act for Protection of Rights of Disabled Persons has considered a series of more privileged rights, concerning some aspects of education, for the disabled persons in comparison with the Convention on the Rights of Persons with Disabilities. However, it seems that the legal system in Iran lacks sufficient laws or regulations regarding the right of the disabled persons to participate in cultural life of the society and their right to have access to information. Also it has been emphasized that the State Welfare Organization and certain other bodies have done endeavors to realize the above rights.

Cooperation in Iran has a long precedent but for the first time after the Islamic revolution became a foundation in Iranian constitutional law and was defined as a protect ional approach. As a point of view in codification of Iranian Constitutional Act (1979) the cooperation recognized on its bases and values that has based in the world. So it is in compliance with Islamic standards. It is a way that ends to the increasing public sector of national economy and limits exploitation of weak people by private sector. It give theweak people the instruments for production to help them handle there affairs to put away the unnecessary mediators. In addition cooperation in Iran by emphasizes on free and voluntary membership and democratic control principles compete peacefully the dominance of the capital on national economy, so is incompatible with governmentalization of the economy.So there is a good legal field for Iranian cooperative institutions to jointInternational Cooperation Association (I.C.A) as a member. According theto the fulfillment of principle 44 of Constitutional Act the promotion to thecooperation sector to %25 of national economy trough the fulfillment of 5years program Act (2011) must be prosecuted so that not led togovernmental control on cooperation sector. The preparation for widelyorganizing of cooperation activities trough the public cooperative institutionsand Cooperative Room under supervision of the Ministry of Cooperation andfounding the Cooperation Bank indicate to great governmental attention tofundamental theory of cooperation.

In the course of occurring domestic exterimites in Rwanda in 1994, Tutsi people were target for killing there.The commence of terrible war in Rwanda was plane elapse of Rwanda president. After having occurred the conflicts and then great Genocide, Several Courts Started to prosecute Criminals. Beside forign courts and ICTR proceedings, Rwanda government because of lots of detainees and try to expedite trials, used national courts to attribute in Proceeding Criminals.For this reason, special courts were established to trial some criminals about major crimes and Gacaca courts were also establishedaiming to join people in proceeding about other crimes. This essay presents a review about changes and events that have occurred there.