پژوهشنامه حقوق تطبیقی
پیاپی 1 (بهار و تابستان 1394)

The Insolvency litigation is one of the most common litigations in the courts including insolvency of procedure fees or the object of verdict, therefore recognition of this claimant is necessary. One of the important subjects about the Insolvency litigation and basically other litigations is matrimonial or non matrimonial of this litigation. Although supreme court has notified in decision of No 662 on 1382/7/29 that Insolvency litigation is a matrimonial claimant but this decision is not criticism and is exceptionable. In this article, we try answer to this question whether the Insolvency litigation is matrimonial or non matrimonial?

Changing the gender is one of the important subjects which has great significance in medicine and law. Although, these issues were existed in the past time but, development of technology and medical science has created new dimensions. Nowadays, in the most legal systems, and according to the view of Islamic Jurisprudents, changing the gender will be quite lawfully, provided that the doctors recognize its necessity. Thus there is some questions from a legal viewpoint: What are the requirements? If he/ she could amend the birth certificate and give official recognition to the new gender? Generally, there is Conditions for Change the gender in the most legal systems .Person which Changes their gender, Entitles to Sue for Amendment her or his Identity Papers via Courts of General and the new gender and name will be Registered.

The secunty Council is Organ of the United Notions organization which has the duty to Safegard from intenational peace and secunty. This importance is rooted in the fact that the Secunty Council is able to take enforceable actions in the fame work of United Nations organization and all Member are obliged to enforce them. With reviewing the function of Security Council we understand that although the Council apparently acted within the existing powers and structres ,but from the council qeneral resolution approach it is clear that the Council acted in the direction of cherter purpose, due to the lack of strict defenitions of the key Concepts like peace , security , aggression and humanitarian concepts terrorisem, sometimes the council powers have been associated with ambugity and Misunderstanding there fore, the scope of the security Council competence are the chaptee six, seven , eight , Twelve and mentioned Conditions in article 24 and implied powers of the Council in the framework of chartee principles and purposes, therefore the council in its enforamet encountered with some challenges. The review of the scope of council,s powers and competences with a new approach May strength the role of the secunty council and increase it,s ability in performance of The functions.

In this article the workers’ participation in the companies’ board of director is investigated. The worker’s participation in management of companies was not accepted in classic approaches and there was not any opportunity for workers to participate in company’s management, because the workers didn’t have any share in the company. But this approaches are changed radically. In the current legal literature its requirement is recommended by scholars and implemented by some legislatures. The aim of article is to examin the rational of worker’s participations in the board of directors. In the first section, the underlying policy of the participation of workers and in the second section the approaches and history especially in the German and EU law have been analyzed. In third part of article, we survey the law of Iran and finally give some reccomendations.

One of the important issues in Tort law is the determination of Responsible Cause and also how people in charge are responsible. This subject has been discussed in legal writings and Precedent of the Lebanon and Egypt's law. The lawyers of mentioned Countries and their Court's Precedent are Prevail the operation of the direct Cause doctrine. In determination the type of responsibility of liable person against injured Party, with regard to article 137 of Contracts code of Lebanon and also article 167 of Egypt's civil code, the responsible of numerous Causes is joint liability, though in mentioned Article (137) in Contrast with Egypt's Law the Joint Liability of multiple causes with some conditions is accepted. Regarding the relation between multiple causes, the liability of them is equal unless the judges determine non-equal share for each of them.

In transactions which are based on the letter of credit, the different parties involved and take on various obligations. In between, the role of issuing credit, is more Highlighted of other parties to the transaction, So that the latter can be cited as an important element of documentary credit. This article, review the most important obligations of the” issuing bank's internal Guidelines"as well as Obligations recognized According to the provisions of UCP 600.

Under the general rule, the conduct of the organized insurgents is not attributed to the State, because they are not the organs of the State and as such the State is not in a position to control effectively on their activities. But, there are situations that the conduct of the insurgents may be attributed to a country in whose territory they are acting or to the other country. The first case, is when the State is subject to cooperation charge or omission against the harmful actions of the insurgents. The second case, is while the insurgents act according to the direction or under the guidance or control of the other in this case, are de facto organ of that country. In this article, we discuss whether the conduct of insurgents may cause international responsibility of the State as well as the criteria of state’s control will be considered. The authors conclude that if the insurgents effectively conduct by a an state, their acts will be Attributed to that state