نشریه دانش و پژوهش حقوقی
سال یکم شماره 2 (پاییز و زمستان 1391)

The Independence and Impartiality Principal of Arbitration in International Arbitration is extra important. The existance of the Mentioned Principal and observing it by the Arbitration, the Judicial Arbitration Essence has been closed to Justice more than over. It is caused to be issued the Arbitration Award Righteously And it dosen t in Encounter with any adducement time. As the Judge of the Govermental Court of Justice must be Independendent and Impartial also the Arbitrator must be Independent and Impartial. Thus, the Determined Arbitrator from the parties should not be the Slister any of them .In the WIPO Arbitration Rules with Emphasizing on the Mentioned Principal, it has been different between the Idioms, Independence and Impartiality and in the mentioned Rules have not been stated the meanings of the non- Independence and non- Impartiality and if only there are the circumstances that caused the acceptable doubts, the Arbitrator has been known wounable. In this paper the available approach in WIPO Rules and Iran, s International Commercial Arbitration Rules in order to the Impartiality and Independence must be considered.

In some cases, after the many crime outbreaks, especially crimes against persons including rape, struggle, assaults, mutilation, abortion, and crimes related to driving offenses, the victim in addition to physical damages of physical damages is suffered by severe psychological damages caused by these crimes. In here, the criminal policy system, especially the criminal justice system to better make justice, it should conduct victim to the relevant authorities such as forensic examination and to alleviate their emotional sufferings it should do appropriate actions and until that, there would be no psychological security in country. So when we can visualize a mental calmness for victim crimes, that they would have hope to offset expected losses from these crimes. The opposite of many crimes that have consequences with trivial and common relation and the probability of returning to the previous case of crime outbreaks is easily possible, crimes against people with chronic vulnerability have undesirable effect on victims. Their lives are endangered; they may lead to their death; because these crimes are in the category of violent crimes and cause psychological wild side effects and are commited against body, soul and spirit and psyche of human beings. In spite of this bitter reality, legislator at the time crime sketch and support these crime offended have overlooked and considered less of their condition.

Penalty clause is one of the sanctions of contract performance according to which parties intend to pay liquidated amounts as remedy for breach of the contract (Art. 230 Iranian civil law).The purpose of such agreement is to secure the contract and to facilitate the remedy without complexity of proceedings. Its nature in Iranian legal system is remedy not penalty and punishment. It isnt revisable by court. Although it's not necessary for the penalty clause to be exactly equal to actual damages but in some cases its specified amount is excessive and it's not in reasonable proportion to actual damages so far there isnt reasonable proportion between them. In other word, because of undesirable economic status and other conditions of the contract, the promisor can never pay it, thus such agreement is unreal, unjust and inadequate matter. In this case, there are two prominent views. Some authors state that penalty clause is absolutely correct and operative, and the others believe that the court can adjust it. But this sort of clause is void in our view. In this article we will explain nature and characters of penalty clause and also the legal status of unjust penalty clause.

Civil liability rules are challenged by different point of views; in present paper these rules are discussed from the perspective of economic analysis.This perspective says that Legal rules and institutions must be efficient. The liability rule is efficient if it reduces the social costs and prevents the accident as much as possible.In this paper efficiency of strictliability rule, the fault and different divisions of both are studies from the viewpoints of Game theory and standard economic production (Neo-classical viewpoint).

Cities as the dominant form of human settlements and positions are developed the predominant form of settlement, the development of land and buildings within its highlight. Separate the important issues in urban areas and urban and harmonious foundation for the growth of cities and the implementation of the master plan and detailed plan. However, the outcome of law enforcement, the gradual evolution and transformation of places, landscapes and spatial phenomena - space is an important factor in the formation of living space. One approach for spatial order, preventing the uncontrolled growth of the city and deal with the loss of land for partition and separate law practices in the areas of the city Some of the important areas that directly affect the city's future The gardens and agricultural lands that directly affect the life of the city and manipulating the land, causing irreparable damage to the structure makes cities Nature of applied research – development With a combination of methods, descriptive and analytical documents Information and data in relation to By law, separation and partition the city has been analyzed and the results show that Land release areas, Torn piece of land as a result of separation and partitioning And following their separation and partitioning of the aging and lack some of the basics Opportunistic real estate agencies and banks are confusing The effects were irregular in shape and structure of neighborhoods and communities is being away from land.

Articles 22 and 24 of the Deeds and Property Registration Law of 1931 are among the controversial regulations which have raised many debates so far. Although the legal circles and Courts of Justice have been trying to remove the existing ambiguities by giving their opinions on application extent of these articles, nonetheless no consensus has been reached yet and it seems the expressed views and debates round the mentioned articles have further widened the differences. In this paper, by explicit reasoning and argumentation it is tried the extent to which these regulations are applicable to be identified.

In private international law claims, the judge will establish his competence to deal with the case at first, then¡ it is necessary that he find the competent law which ruled out on it. To achieve this purpose, he should descript the claims then put it in the corresponding category and achieve to the competent law based on that rule. In applying the conflict rule, judge will meet two categories of conflict laws, two types of conflict are remission and negative conflict. In negative conflict, pending court refer to law of another country and ousting the jurisdiction of the domestic laws. In this article we briefly review several features of negative conflict law in private international law, then we will examine Iran's laws in this area to conceive different position Iranian lawmakers in relation to negative conflict of law.

Legal rules have ratified in order to formulate social relations and create a balance between Rights and dutied of different indivisuals. Lagislature use Multiple tools for reaching this purpose. Sometimes obligate persons to enforce their promise And if the enforcement of contract was failed, defaulter will be compulse to pay compensation to other party. Sometimes without a valid contract, there is a Loss. In this cases, non contract liability sanction, whether civil/criminal responsibility, will be run. Conditions, scopes, proving and exemptions for establishing these responsibilities differ from others. For this reason, distinguishing that what legal Liability for an action is, has a great significance in settelment of the justice and formulation of the legal Relations for people. One of the subjects that have different opinions on determination basis of Responsibility is "Zaman-e- Darak (Liability of non ownership). Legal studies Journal of Shiraz University (No, 1, Volume 2- spring- summer 2010) has published an Article under cubic "Tort or Contract responsibility emerging from zamane darak" that some subjects has Wrote in it, is outlined critically. Therefore, with a view to matters has dealed with in previeus paper, Reasoningly proved that "Zaman- e- darak" is a kind of Automatic/ tortious civil Responsibility. Also finally, this propose that is After Declare that "refusal of unauthorized contract by owner" is not a clause for creation of non ownership liability, at least, some Amendments in Articles of civil code in regarding to that liability must be done or omitting some of them.