نشریه قضاوت
پیاپی 79 (پاییز 1393)

Apartment pre-sale contract is one of the contracts that increasingly has been grown along with the development and industrialization of societies. The nature of these contracts is important. In our country, in spite of the building pre-sale act approvaled in 1389/10/12there is still ambiguity about the nature of the so- called contract. The reason is the fact that building presale act is procedural and basically doesn’t address the nature of these contracts. In this research we studied the theory of the nature of building pre-sale contract and compared this contract with nameless commitment contracts and ownership ones. Commitment contracts including commitment to purchase, employment and material contract, contract work, and also ownership contracts including under-contract sale, predecessor sale, and to build good order contract sale are among similar natures that have been investigated in this study. It seem that proper legal framework for expressing the so-called contract nature is the framework of nonexistent sale subjects exist which we address it here. In addition to basic conditions of the contracts, for making the contract, It is notable that apartment pre-sale contract in the law of building pre-sale has particular procedural conditions. It is obvious that the lack of procedural and basic conditions of the contract has its own enforcement. Also this contract has some impression for the preseller, pre-buyer and third party in Iran law and England law. The rights and commitments of each party and also the commitments enforcement can be addressed for further studies Contract.

It is clear that privacy recognized as one of the most basic requirements of life in today's world. The right to privacy on the one side and support and the enforcement of violations of it on other hand¡ are among the concerns of governments¡ governments and legislators as important actors in this field has been the most effective. Activities of legislators in enacting laws¡ from constitutional law create procedures and policies that make the views and perspective of events in their support of the show. Privacy is not exempt from this issue. Iranian legislators to develop and pass legislation to specifically and separately addressed in the private sphere. There is some article which is distributed in various laws.Therefore¡ in this thesis it is tried to initially¡ the pilot and the overall concept of privacy as one of the most basic human rights identified in domestic and foreign legal resources and then thesis based on the main research issues to support this legislative Iran Privacy policy be reviewed and challenged.

The present research is based on library and documentary method. Duties, assignments and powers of bailiff as a civil servant in charge of enforcement of provisions and stipulations of judgment and writ of execution have been studied specifically in the Civil Judgments Enforcement Act. Since implementation of justice is of sovereignty affairs, enforcement of justice which is the result of fulfillment of justice and its concrete manifestation demonstrated in the judgment, will be referred to the bailiff through writ of execution for enforcement or in accordance with the written laws will be put into force (like enforcement of an injunction). The results of the research show that if the bailiff intentionally causes damage to other person he will be held responsible. Sovereignty acts of the judiciary will not negate his responsibility in causing losses as a result of negligence. In view of duties of bailiffs, he will be personally held accountable for losses caused by him. In distribution of responsibility, except for cases explicitly stated in the law, one cannot accept that responsibility is to be held jointly and severally.In combination of means, where the court is involved this way or that, the bailiff will not have any responsibility. Should all factors play an equal role, they will be responsible on equal basis. With faults in means of enforcement, the bailiff will not be responsible. Where damage is caused as a result of fault in means of government and the negligence of the bailiff, they will be both responsible. If means vary in causing of damage, administration of justice requires that the responsibility be distributed proportionate with the extent of involvement.

Preserving, respecting and being bound to the human dignity is one of the fundamental principles of divine religions and international documents of human right. Benefiting from such worthy moral and divine virtues in order to provide the basis of human growth and development exclusively depends on maintaining the primary rights and regarding the principle of inherent dignity of the human. Accordingly, concepts and issues of human right and being bound and observing it in international systems and national legal systems is of a great importance. Denying any exploitation, humiliation, and torture is one of the first infrastructural layers of human rights which are known as the Negative Human rights or Social Taboos. Although according to Jean- Jacques Rousseau, famous French philosopher and jurist, man is born free, but in the process of social life and adaptation to social conditions deviates from his pure nature in different ways. Many people in the modern world are subjected to oppression and extortion and even different levels of instances of slavery such as contempt, humiliation and prostitution. The current research is an effort to analyze the irreparable consequences of this phenomenon on human society and also beyond it, there is a view to the measures and Domestic and International Criminal Policy through that.

Islam has pointed out the importance and financial and mental effects of birth milk 1400 years ago. Nowadays the scientists of different fields (psychology, criminologists, sociology) have started different studies and have come to the result that birth milk plays important role in formation of the characteristic of the human being. Nutritional deficiencies in pregnancy cause death of the brain cells, so there is a relationship between nutritional deficiency and nutritional deficiencies in childhood and crime in youth. It is presumed that birth milk is a complete assurance, which affects the mentality of the child and also causes the IQ of the child go high and decreases the risk of diseases , mental disorders, behavioral and interest disorders and the disorders in kindness. As the brain growth and the formation of the characteristic of the human being and improvement of the physical power is done in this period, the importance of the birth milk becomes clear and the high level attributions are transferred by birth milk to the child. The latest researches say that basically the ones, who have not fed by birth milk, are the people of many disorders. Education and culture play important role in increasing the motivation of the mothers to feed their children by birth milk.

There is no doubt in the fact that delays in timely flights of Airlines is harmful and leads to the civil liability of those companies, but in society's costume, such losses are seen as inevitable and normal that there are few people who demand them. This has caused the legal thoughts and judicial procedures not tonaturally discuss the way of appliance of general rules of civil liability in this area. Nonetheless, the author recently faced a case in which a person, who was tired of delays of an airline, demanded his lossduring a petition; the strangeness of demanding the loss of delay in flight, misled the judge in distinguishing the domestic and international regulations related to the issue and inevitably relied on what the plaintiff of claim declared. The aforementioned verdict is reviewed and analyzed in the current article.

As we know, one the most common writs which is applied by judicial authorities in order to protect the object of claim, is the garnishment writ. Nowadays, the writ of garnishment, in addition to the law courts, has also many applications in the councils of settlement of disputes and even in public prosecutor's office and criminal courts and due to the prorogation of legal procedure and taking a long time for termination and the complete enforcement of a verdict in the courts and judicial authorities of our country, an interest to this writ has been increased. Furthermore, since in most cases it may be possible for defendant of the claim or accused person to create problems for the plaintiff to access the object of judgment by hiding his/her properties, so this legal constitution can prevent such actions and facilitate the access of plaintiff to the object of judgment. On the other hand, in some cases applying the writ of garnishment may conflict with the observation of rules related to the exceptions of debt. As we know as a mandatory and binding principle accepted by the civil procedure law and civil execution of judgments law, it is impossible to attach whatever has been treated as exceptions of debt by the legislator. But the question of how to observe the exceptions of debt in the garnishment writ has not been talked about by the legislator. In the current article, it is intended that in addition to a brief review to the contents of garnishment writ, the question that whether in the process of issuance and enforcement of the writ of garnishment, it is necessary to observe the orders and regulations observing exceptions of debt or not, is being discussed.

The verdict of the court or public prosecution is the result of judicial knowledge of its issuer. Paying attention to such legal characteristics along with observing literary and writing principles will lead to issuance of a strong and firm verdict. Observing these characteristics has a great effect on the qualitative improvement of writing the verdicts and will give more worth to the issued verdicts and increase the trust of public and parties of a claim to the honesty of hearing in Judiciary System and accept the judicial verdict as a final decision and convict any attempt to violate it. Paying attention to the legal characteristics in issuance of a judicial verdict, prevent the judicial authority from issuing any willful verdict. Existence of a legal and logical relationship between the cited legal articles in a verdict by the court is of a great importance, as far as not referring to correct legal articles will cause instability in the structure of a verdict and prepares it for violation by a high judicial authority. In the qualitative assessment of a judicial verdict, in addition to a necessity of regarding the legal characteristics, solidity of writing, paying a precise attention to the writing order of judicial verdicts and other writing characteristics is of important conditions that unfortunately, cannot be seen in most of judicial verdicts, specially the verdicts of lower courts in which it is recommended to pay attention to these characteristics for their effect on the qualitative improvement of the judicial verdicts. The fact is that the firmness and stability of judicial verdicts in a judicial system are some of the characteristics that increase the trust of people to the judicial system and reaching this goal is only possible by regarding the characteristics of the firm and strong verdicts. The verdicts of Iranian courts need a great deal of literary and legal reminders in both form and content in order to regain its ideal order. So, by having a critical view through judicial verdict, thought of writing an eloquent, coherent, fluent and faultless verdict would be possible.