مجله علم و وکالت
پیاپی 2 (زمستان 1397)

The nature of crime is an interdisciplinary subject between law and philosophy, because of nature of topic, one should consider the philosophical views. In fact, in order to discover the nature of anything, we need to examine the theoretical framework on that issue; therefore, to explore the nature of crime and theoretical views in this field, we have examined and analyzed the philosophical views on the nature of the crime. In this context, several perspectives have been examined: first, the positivist or relative viewpoint that believes in relativity in crime, then examines the perspective of natural rights, which is the opposite of the views of the positivist , and then Durkheim, Marx and Post Modernism has been analyzed and studied.

The suspension of condition is one of the abandoned concepts that has been rarely considered by lawyers and jurists despite its great importance in concluding contracts and agreements. There is no doubt about the veracity of the definite legal acts among the lawyers and jurists. What seems to be the point of discussion is the veracity of the suspended contracts, which the legislator has remained quiet with regard to the status of such contracts. The purpose of the present paper has been to investigate the suspended condition in contracts and to answer the question of whether the conditions which are mentioned as suspended conditions by the contract and suspend the contract are considered as subordinate conditions so that the veracity of the contract is not damaged if they are not realized, or they are considered as the principal conditions and the requirements of the substance of the contract so that the contract will be void if they are not realized ?

Social reality suggests that today there is less chance that the parties will benefit from the same conditions in their preliminary negotiations for concluding a contract. In order to satisfy their needs, individuals are bound to conclude contracts with owners of capital, which are often subject to monopoly and imposed terms. The parties to the contract for the purpose of guaranteeing and consolidating the obligations arising from the contract, in the form of an advance payment, in case of misconduct, each of them is paid as damages to the opposite party, which sometimes is very high. In this paper, by using an analytical and descriptive method to explain the Excessive obligations and to consider them as unfair terms and how to deal with them, first, the legal status of a high level of engagement is expressed and in the final discussion, how to deal with exorbitant obligations such as contract revocation or modification

Trial procedure constitutes the criteria based on which the political crimes could be distinguished from the ordinary crimes. The procedure which is prevised for the political criminal is different from those of other crimes. The practical result of years of efforts and research for discrimination of the political crimes from the ordinary crimes appears in the procedure and punishment for the political criminals. Any political criminal is granted privileges in comparison to ordinary criminals, namely from the pursuit and investigation stage to the end of duration of the sentence. According to article 168 and clauses 4 and 5 of the political crime law, the Iranian legislator had intended to discriminate between the political and the ordinary crime by prevising an especial trial procedure for the political criminals. Prevision of especial procedure for political crimes indicates that the Iranian legislator had been too soft on political convicts and suspects.

Under the Civil Liability Act, everyone deliberately or accidentally hurting is responsible. This verdict includes all natural and legal person unless otherwise provided by law. The opposite of it can be known by Article 11 of the Code of Civil Liability Act about exercise of state sovereignty. What actions are sovereign, and what government acts is responsible for, and which, therefore, the government is exempted from responsibility, is itself a complex and detailed matter. That's not the place to discuss this article either.
Unfortunately, our country has been repeatedly attacked by terrorists which the Ministry of Intelligence has been criticized for this and that the Ministry of Intelligence has been weak in this. Among them are the events of the terrorist incident of the parliament and the holy shrine of Imam Khomeini and Ahvaz.. It is natural that the subsequent arrests of the defendants, although affecting the reduction of community pain, But it's never compensated for the savage people of those who have lost some of their family members. Our argument is that if it is proved that there has been a failure to comply with the information standards, can losers take damaged by the Ministry of Intelligence?
Finally, I would like to point out that the discussion is not based on exact defect of the Ministry of Intelligence so as a result of the weakening of the ministry that has thwarted large plots. It is argued that if the defect is proven, the Ministry of Information is responsible and, How responsible is it?

Selling players or workers is one of the updated issues which are proposed in the world regarding human needs. In every exchange, the presence of asset is obligatory, and the concept of asset is a corporeal object or the interests of it, but Jurists believe that when the given object or exchangeable case is possessed, selling happens.
Though; when a player or worker is sold, what they do is regarded as interests. Therefore; it cannot be considered as selling. Transferring interests is done in these kind of cases, and it can be called rent or loan. Due to this fact that work of workers or players is not done for free, It is not accounted as a loan. Considering the given time for these contracts, it is reckoned to be called a rent .And rental agreements are admissible. Meanwhile, the acquired interests are legal in civil law and conclusions of peace are legitimate

The importance and essential role of the environment in human life and the evolution of the human being is indisputable, while war is one of the destructive activities of humankind and has caused environmental degradation. We see that environment, as the most important element of human survival, has the least importance in international law of war. As we know, the techniques used in the war can have many destructive environmental effects, hence the protection of the environment during the wartime is considered as a part of international law, although these rules are not comprehensive in terms of protecting the environment, but they represent an improvement in the status of the environment in international law of war. In the field of environmental protection during the war, there are some disparate rules, most of which are mentioned in I Protocol 1977, Geneva Conventions of 1949 and the ENMOD Convention. These treaties include general rules regarding the protection of the environment during the war through the prohibition of the use of tools and strategies that have a massive and sustained impact on the environment. Indeed, the need for environmental protection has been linked to the international environmental law and the international law of armed conflict, and in both areas, it seeks to minimize the environmental degradation resulting from armed conflict. Ultimately, by examining rules on environmental protection during the war, it can be concluded that these rules are not comprehensive and sufficient to protect the most important element of human survival, and it also requires stronger enforcement guarantees. Meanwhile, considering this point that these laws can only be applied for the interests of the great political powers of the world, they should seek to reduce the influence of political issues in the implementation of the international law of war. They must be changed to the customary and binding rules for all countries in the world .

Today, the development of electronic representatives who increasingly play an important role in the formation and implementation of the contract highlights the need to create a system of independent representatives. The need to respect the principle of good faith and fair dealing is an important guide to contract behavior that covers various civil rights systems. The necessity of using this principle in the design of electronic agents for the conclusion and implementation of contracts in the global village of electronic communications is unnecessary. This article examines the principle during the pre-contractual negotiations as well as during its implementation, and studies these standards in the event that contracts are negotiated or implemented by electronic agents, as well as the nature and function of these agents.

Arbitration agreement whether being as independence or conditions amended to a contract, the parties after enforcing the main contract, and thereby for resolution of current or future conflicts will agree on it. Accordingly, the first requirement of transmitting arbitration clause is main contract transmission. Thereafter, the question that arises is that: will the arbitrary clause of the contract be transmitted to the assignee or not? In present article, concerning to the arbitrary clause conditions and effects of general rules of contracts related to the transferring arbitrary clause and also reviewing the adjudicated precedents related to international and local trade arbitration, arbitrary clause transmission, as an accepted principle (concept) in some legal systems, have been presumed. In this article, the exceptions and obstacles to arbitrary clause transmission have been studied.