نشریه مطالعات حقوق تطبیقی معاصر
پیاپی 8 (بهار و تابستان 1393)

Entrapment is one of the common methods of crime detection but we cannot advocate absolute freedom or absolute prohibition of this technique in crime detection because of a conflict between two rights: community rights and individual rights. On the one hand, we need this method for discovering some crimes such as organized crimes. On the other hand, the absolute freedom in the use of this method would impair the rights of individuals. In this paper, we first review the history, concept and fulfillment of the conditions of entrapment. Moreover, we analyze the principles and cases of employing such a method in the study of crime and the defendant. Finally, we analyze the legal position of different countries in relation to entrapment and legal position of Iran in particular.

In Iranian civil law, as a rule, guarantor has a right of recourse against debtor after satisfying the guaranteed debt. However, according to section 709 of civil code, the guarantor also has, under special conditions, the same right. In French civil law, under guaranty contract, the creditor has a right of recourse against each or both of guarantor and principal debtor. Of course, the guarantor may, by applying a special right, compel the creditor to recourse against the principal debtor; otherwise, the guarantor himself must satisfy the debt although he will subsequently have recourse against the debtor. Under sections 2032 and 2039 of French civil code ,the guarantor, has, in several cases, a right of recourse against the debtor even before satisfying the debt .It appears that the second portion of section 709 of Iranian civil code, has inspired from section 2039 (subsection 3) of French civil code and hence can be subject to criticism.

Although one of the public judgments of rescission in Iranian civil law is the possibility of its transfer to heirs of deceased, there is an argument in manner of merit of heirs for inheritance of rescission and quality of its application between jurisconsults. Iranian civil law in its 445 article has only specified the transferable right of rescission of deceased and it has remained silent on manner of merit and application of heirs on it. Hence, an independent research should be carried out in this case to clarify the juridical opinion of issue in this case. Since issues as the manner of merit of heirs from inheritance of rescission and quality of its application from ambiguity and the judgment of issue are not clear, recent article has addressed these issues. It has acquired and presented the issue with the method of inference from juridical text and it has found the solution of both issues in guardianship of heir's kind in inheritance of rescission. This is an important finding of this research.

There are disagreements in jurisprudence about guardianship in marriage of mature virgin. However, the famous opinion is lack of guardianship in marriage of mature virgin. Although it seems that our legislator has enacted in article 1043 of civil law against famous opinion and follows non-famous opinion based upon existence of guardianship in marriage of mature virgin, surveys indicate that the last article is enacted according to famous opinion – “lack of guardianship in marriage of mature virgin” – and according to this article, natural guardian does not have any guardianship in marriage of mature virgin، and the marriage of mature virgin without any permission is correct.

Multiplicity of provision and unity of result and its outcome which is interference or non-interference of causes and inducements was studied in Jurisprudence and statute in this article. The purpose of this article was removal of conflict in provisional sentences in which there is multiplicity of provision and unity of result and determination of dictum of those provisional sentences from the viewpoint of interference or noninterference of causes and inducements. The outcome was that for removal of conflict in these provisional sentences it should be taken into account that causes and inducements wouldn’t basically interfere, whether the result is repeatable or not, unless there would be a reason for interference. As a rule in statutes, it should be said that in various cases when provision is multiple and result is the same, every provision, without relying on others, causes the result to come into being, unless its contrary is proven.

This article deals about gavel in Islam and it's typology in perspective of Islamic scholars of Shi'a and Sunni, Specially, division of gavel loan to consumable and generative. After readout the ideas about generative gavel and explaining the idea of some shi'a contemporary scholars that, like sunni's scholars, says it is lawful, we evaluated the eight arguments they bring up for this idea. We proved that no different between two kind of gavel according to Fegh and both of them are not allowed, because the focus of forbidding of gavel loan is provision of supernumerary from lender and this condition is available in both. In addition, the criterion of gavel, in Revayaat, is leaving the trade and production from lender not borrower and this is available in both. So there is no any reason to allow generative gavel.

Guaranty of payment is an important aspect of human life. Solidarity liability is well defined in Iranian law, and even though it was not primarily desirable in Islamic law, it is currently passable. Insolidum liability was theorized to facilitate the administration of the legal rules. Insolidum liability is a kind of joint and multiple liability. It means that the creditor can refer to each one of the debtors for the whole debt. But it is different from joint and multiple liability owing to the fact that there are two kinds of effect, the major one which already exists, and the secondary effect that does not exist by absence of relation in the responsible. The payer cannot refer to others to compensate the payment out of his portion. This constitution is not compatible with our legal system but there are some cases of plurality of responsibility which correspond to this constitution.