فهرست مطالب

مجله نامه مفید
پیاپی 61 (تابستان 1386)

نامه حقوقی
200 صفحه، بهای روی جلد: 20,000ريال
تاریخ انتشار: 1386/06/20
تعداد عناوین: 10

فارسی
English

انتخاب همه

The Role of Non-Governmental Organizations (NGOs) in Protecting the Rights of Consumers

Mohsen Sadeghi, Forough Montagham Page 3

Establishing NGOs is one of the ways for the protection of consumer rights. These organizations are considered as symbols of wills independent from the government and their common purpose is to improve the position of consumer rights protection. Providing information on products quality, dispute settlement between consumers and producers, campaigning for the enactment of suitable and required laws and regulations and establishing relations with NGOs of other countries and international active organizations are the most important functions of NGOs in the field of consumer rights protection. In Iran, due to political, economic, legal and cultural obstacles, these organizations are either not established at all or are not active. In this article, we will consider the nature, function and position of NGOs in consumer protection and survey their problems in achieving purposes for which they are established and offer appropriate solutions.
Keywords: Consumer Rights, Non, Governmental Organizations (NGOs), Producers, Products Quality, Product Defect, Iran

Abstract Original: Persian
The Concept of Foreigner in the Laws Forbidding or Limiting the Possession of Immovable Property by Foreign Nationals in Iran

Manuchehr Tavassoli Naini Page 29

Iran’s Constitution emphasizes on the prevention of foreign economic domination in the country. The provision of limitations and conditions for possessing immovable property by foreigners is considered as a means in this regard. The law relating to the “Ownership of Immovable Property by Foreign Nationals”, enacted on 6 June 1931, forbids the possession of agricultural lands by foreigners. There are some regulations which allow a limited right to foreigners to possess immovable property under certain conditions. Two distinct groups of foreigners may be found when examining these laws and regulations. The first group consists of those who are aliensaccording to Iranian private international law. The second group comprises those who are Iranian nationals but are treated as foreigners as to the possession of immovable property.This article will examine the position of the two above groups to show that the underlying purpose is to prevent foreign domination in the country.
Keywords: Possession of Property, Foreign National, Iranian National, Immovable Property

Abstract Original: Persian
Performer's Rights

Mahmoud Sadeghi, Shima Poormohammadi Page 51

Performers are a prominent group of artists that present literary and artistic works to the public. Sometimes a performer shows such a creativity and skill in his performance that attract the attention of a lot of people in the world as they are ready to pay high expenses to watch the artists’ performances or buy their recorded version. Absence of effective laws and sanctions concerning the protection of performers, on one side, and industrial progress of recording, reproduction and distribution of recorded performance, on the other, causes profiteers to unlawfully record, reproduce and distribute these works and make huge profits ignoring and violating the performers’ rights. Rome Convention (1961), the first international convention specially adopted for the protection of related rights, in a negative way grants performers the right of preventing others from recording, reproduction and distribution of their works without their authorization.WIPO Performances and Phonograms Treaty (1996) has increased the protection of performers’ rights and identified economic rights such as exclusive rights of recording, reproduction, distribution and broadcasting of radio signals, as well as their moral rights such as paternity and integrity. In the few laws and regulations in Iran relating to literary and artistic property, performers’ rights have, to this day, not been considered. But new literary and artistic property law draft includes comprehensive regulations which if enacted could fill the gaps and bring Iranian law to harmony with international standards.
Keywords: Author's Rights, Related Rights, Performer's Rights

Abstract Original: Persian
Expressions of Folklore and Existing Legal Systems

Nejad Ali Almasi, Behnam Habibi Page 77

Expressions of Folklore include (but are not limited to) productions, creations, innovations, beliefs and traditions belonging to a specific group or society. Also natural and genetic recourses are included in the Expressions of Folklore. Folklore is probably the most important and well-acclaimed component of the cultural heritage of a nation. The Issues discussed in this article highlight one crucial point: An attempt to protect indigenous folkloric works and traditional knowledge within existing intellectual property law system is akin to fitting a square peg in a round hole. The former underlies a dominant social and economic order, which has afforded little accommodation to the principles espoused by the latter.The tenets of individualism and economic value that are central to Eurocentric thought and legal order are alien to indigenous peoples, who embrace a holistic attitude to life and nature.It is this understanding that should inform the dominant social order vis-à-vis any attempt to accommodate the interests of indigenous peoples in the legal system. It is suggested here that the most suitable means of addressing the problem is through the enactment of sui generis legislation, which recognizes indigenous intellectual property rights as a distinct and separate group of rights from copyright regimes though there may be similarities.The legislative action must be reinforced by effective policy guidelines and protocols, as well as educational campaigns that promote recognition of the right of indigenous peoples to own and benefit from their own cultural heritage.
Keywords: Folklore, Expressions of Folklore, Cultural Heritage, Intellectual Property

Abstract Original: Persian
Criminal Policy of Iran In Front of Taking Percent

Jafar Kousha, Roohollah Rokhforouz Page 97

Although corruption has a long history, it has been the subject of more attention at national and international levels in two recent decades. Corruption may manifest itself in numerous forms, including receiving financial advantages by purchase functionaries in governmental transactions. The crime is prosecuted as the crime of taking percent in our criminal laws. The relevant international instruments do not allocate an independent title for this crime and it is merged under the general title of corruption. The main aim of this article is to consider Iran’s criminal policy towards this crime. An attempt is made to illustrate whether Iranian criminal policy in this field is unilateral and repressive and whether Iran’s criminal policy attends to the scientific findings in this field. A reference to international measures will also be made where appropriate.
Keywords: Percent, Corruption, Criminal Policy

Abstract Original: Persian
New methods of Criminal Policy on Fighting against Corruption, with an Emphasis on the Crimes of Bribery and Embezzlement

Hossein Aghababaee Page 119

The necessities of fighting against corruption in the national and international arenas have created a specific criminal policy toward this subject. National and regional attempts to launch an all-round combat against corruption have led to the adoption of the United Nations Convention against Corruption. The new methods considered in this convention as well as the Iranian criminal policy on fighting against corruption have been examined in this article.
Keywords: Criminal Policy, Corruption, Bribery, Embezzlement

Abstract Original: Persian
Concept, Foundations and Requirements of Freedom of Information

Bagher Ansari Page 137

Recently a bill on freedom of information is submitted to Iranian parliament. This bill has stressed on the right of access to information held by public entities. It seems, however, that there is no common conception in Iranian society regarding freedom of information and its very requirements for being fully fulfilled. This essay, using a comparative method, has introduced foundations and requirements of freedom of information and making it as a real and efficient tool for access to real information. Results of this research can be used in law making regarding freedom of information.
Keywords: Freedom of Information, Right to Information, Human Rights

Abstract Original: Persian
Mediation in International Disputes:Islamic Republic of Iran's Mediation Model in the Karabakh and Tajikistan Crises

Mahmood Vaezi Page 159

Mediation as a legal and political practice for the resolution of international disputes has a long history in different cultures including the Islamic culture. In this framework, the Islamic Republic of Iran mediated in two significant international disputes according to religious teachings and the expediencies of the Islamic state. While observing the main principles of mediation including those of impartiality and mutual consent, the Islamic Republic of Iran's mediation model involves a new approach to the subject of mediation based on collective mediation.Due to its historical background and very complicated ethnic differences in Central Asia and the Caucasus, success in mediation depends on many internal factors as well as external actors. On this ground, the Islamic Republic of Iran tried to mediate in the two Karabakh and Tajikistan disputes relying upon its cultural and historical commonalties with them. Moreover, favorable conditions for mediation and the readiness of parties involved in both disputes were influential in this decision.
Keywords: Mediation, Islamic Republic of Iran, Karabakh, Tajikistan, International Disputes

Abstract Original: Persian

علمی مصوب

مجله نامه مفید

دوفصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 9938-1027

از شماره 101 به سه مجله با نام های «حقوق تطبیقی»، «مطالعات و سیاستهای اقتصادی» و «هستی و شناخت» تفکیک شده است.

صاحب امتیاز:

دانشگاه مفید قم

مدیر مسئول:

دکتر سید مسعود موسوی کریمی

تلفن نشریه: ۰۲۵-۳۲۱۳۰۲۸۲

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فهرست مطالب

مجله نامه مفید پیاپی 61 (تابستان 1386)

مجله نامه مفید

مجله نامه مفید
پیاپی 61 (تابستان 1386)