نشریه قضاوت
پیاپی 80 (زمستان 1393)

Along with the check law enacted during 1355 and the latter amendments made in it, this law is implemented only regarding the checks whose drawee is a bank. The trade law enacted in 1311 is the most important law in our legislative system that has defined the regulations dominating the commercial documents. This act that is the defected translation of French commercial law of 1807 does not cover the clear and comprehensive rules on commercial documents, for this reason, different viewpoints and interpretations have been presented regarding the commercial documents and different subjects related to these documents. These opinion contradictions caused the non presence of similar judicial attitude on the claims related to the commercial documents and contradictory rulings are given in this context. The present paper is of the intention that most important opinion contradictions should be expressed by stressing on the divergence of judicial ruling related to the commercial documents in which the contradictory judicial ruling has more prominence. In addition, the deficiencies of trade law should be pictured with a different justice that has been issued and enacted by non similar and contradictory judicial ruling regarding the similar and same subjects.

With the advancement of the criminology science and a penology development in the past, imprisonment was the center of the criminal justice and during the last two centuries, imprisonment of the criminals has been changed into the most common political and criminal response to the crime phenomenon. On the other hand, the criminal inflation of prisons and its damages has caused many problems and difficulties for the society, prisoners and their families as far as using prison's alternative punishments have been focused by criminologists, penologists and other different social and judicial authorities. Imprisonment not in prison, as one of the prison's alternative punishments, has been anticipated in the recent procedural and substantial criminal laws of Iran which is required to be analyzed and discussed.

The civil Right in the process of Criminal Justice is known as a fundamental and unavoidable principle, for this reason, all people who are involved in the process of criminal justice, expect a fair and just trial in comparison with other citizens who own the same rights and their rights have to be properly secured and not to have any permission over the violation of their civil rights, privacy and legitimate freedoms. For this purpose, in addition to the Constitution, the legislator has emphasized a need for observing the Civil Rights and defined an enforcement guarantee for its violation. In the meantime, the role of procedural laws is of great importance in the expression of Civil Rights and observation of social and personal rights of people and also its conflict and contrast with the mentioned right. Our Criminal Procedure Codes, following the Islamic teachings and focusing on the article related to the respecting of the legitimate freedoms and maintaining the Civil Rights, is in line with International conventions and documents that have been established in this regard; so, it can be safely said that this law can be mentioned among the advanced rules of criminal procedure considered in the process of civil rights. This paper by reviewing the ordinary and fundamental rights in Iran’s Laws by using the library research method and in addition to mentioning the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, studies and emphasizes the Criminal Procedure Code.

Since a long time ago, as a result of the extension of social relationships and the increase in population and compression of residential environments and business entities, people’s partnership in movable and immovable properties has been extended.Phenomena such as urbanization, the establishment of joint stock companies and businesses in Commercial and administrative complexes has led to an inevitable partnership of the proprietors in many parts. Such dense and related environments, naturally, will cause the interference of the owners’ rights. The partnership of a person by distribution in every detail of a property may cause the formation of this conception for him that regarding his partnership in all parts of the joint property, his act cannot be mentioned as action against other’s property and he would be rightful to do any seizure in the whole property or do any action in order to take it from other partners.For this reason, recognizing the criminal liability of each of the partners to the joint property is of great importance. It would get more significant when we know that a large amount of criminal disputes in judicial authorities arise within the joint partners. There is a great deal of disagreements among jurists about specializing criminal liability for the partner in joint property. Studying such disagreements and providing solutions in every conceivable criminal subject related to joint property, is the topic of this study.

Effects of different lands and different in nature.And because each type of special rights and privileges must be distinct types to equity and itsowners, whether natural or legal persons are not violated and the tasks that people understand this is to be done property. Obviously, to achieve this purpose should be the policy for determining the tape of land and there are legal and duties of the owners of such lands to be. At this point it is important to recognize that the implementation of rules and regulations and determine the type of land has financial implications and effects and those losses to remedy their lost right had referred to the judicial authorities and appealed to the commission to recognize lands are theory. We recognize the importance of the historical nature of urban land in the need to identity the type and source and detection performance and the issuance of the notification of the objection to the theory and the theory of diagnosis discussed.

The EPC or Engineering, Procurement, and Construction Contract is a contract in which one party, namely contractor, takes the responsibilities of different stages including engineering, procurement and constructionof the project. The main obligation of the employer, is financing of the project and the commitment of the contractor is delivering the project on time; thus, fulfilment of the obligation in such contract is of great importance. Regarding the fact that a large amount of country’s budget are invested on such contracts with an emphasis on the fourth and fifth Development Plan, then, fulfilling the project according to the contractual standards (fulfilment the obligation), is the most sensitive stage of the contract. One of the effects of determining the time of fulfilment of the obligation is releasing the guarantees of good performance and fulfilment of the commitment. Also, by fulfilling the obligation, the guarantee related to the maintenance as an obligation is transferred from contractor to employer. There is a disagreement about the nature of fulfilment of the obligation in general principles of the contracts; some call it a contract and some others consider it as an illegal action. In such contracts, whether in domestic or international standard samples, the procedures of fulfilment the obligation, a minute must be adjusted with the written will of both contractor and employer and it seems to be a ceremonial contract.

Today, due to advances in growing human societies and their inevitable dependence on each other, execution of judgments issued in other countries, is inescapable. There are two systems in foreign execution of judgments: 1) The French System or the principle of unenforceability of foreign judgments 2) The English- American System or the principle of enforceability of the foreign judgments which the later has been founded on the basis of the theories of civility, commitments, and the acquired rights. Iran and Lebanon’s legal system believes in the execution of foreign judgments under authoritative interpreter conditions and in the process of implementation of these provisions, the recognition and execution are considered as two separate issues. With scrutiny in these two countries it is noted that the recognition and enforcement is crucial and the judge of the Lebanese court powerfully enters this stage. As he accepts the restoration of justice to the issued verdict and sometimes suggests the third party's entrance in the process of trial and respects the correspondence principle as far as the execution of judgment in absence with the assumption of not absolutely notifying the defendant, has no position. With the assumption of validation of the foreign judgment, more time has been assigned for the defendant for objection to the issued judgment. As if once again the claim is being considered.