نشریه دیدگاه های حقوق قضایی
پیاپی 90 (تابستان 1399)

Most of the discussions in the area of the researchers are based on the Tahzir rule(warning) about the main cause of the damage. The warner as the cause of the damage is the principal responsible for the compensation and, based on the rule of warning, is not bound by the terms of the terms; however, persons such as wise, Insurance and treasury , who are considered responsible for the main responsibility of the person, are subject to the rule of warning Is it broken? In the query, the effect of the abovementioned rule and its quality and quality has not been answered by the responsible authorities in removing the guarantee. Tahzir rule is one of the reliable jurisprudence rules that was taken from one of Imam Alichr('39')s verdicts, saying, “The one who warns others, is the one who will be forgiven.” Therefore,  provided that the conditions will be met and as a result of holding premonitory rule, the agent of that loss no longer will be liable and also the wise person and treasury are not required to compensate it. Therefore, disclaimer of the main agent is not against the rules of compensating the losses through referring to insurance company.

Since most transactions in domestic and international trade is as the sale contract, today, with the development of international trade, there are many exchanges on a commodity, and in the meantime, one of the transactions may be terminated reasonably, and this liquidation may affect other transactions, especially in the sale of industrial goods with regard to the specialization of production, one company can not alone provide all parts of a product, and individuals and companies are usually involved in goodschr('39') production, and on that basis, they conclude contracts with together, and violating each of them are related to each other as a chain, it has a direct impact on other transactions. So after the conclusion of the sale contract, object of sale may be transferred to third parties before delivery or later. In Iranchr('39')s law, the liquidation tool is related to the future, and the Convention on the International Sale of Goods has its own system, but according to Articles 81 to 84, termination has the regressive effect. According to the general rule, the dissolution of the first contract does not harm to transactions between contracts until liquidation and related transactions and the non- extending principle is dominant. But inserting a stipulation or proviso within optional time based on non-transfer of the sale object, and the condition of the effect of the dissolution of original contract in the related contract, lack of respecting the good faith principles in subsequent transactions, as well as the conclusion of authorized or optional transactions are from the cases that the liquidation tools extend to the past. In Iranchr('39')s judicial precedent, the prevailing opinion is that liquidation has no effect on previous transactions, but in some judgments are seen that courts extend the liquidation tools especially termination in the previous transactions, and if seller does not verify, next transactions will also be canceled. The judicial precedent has diversity of views in this area; there are also different views among Iranchr('39')s lawyers and jurists. Civil Law and Convention are silent on the dissolution effect of the main contract on related contracts. This article tries to reveiw the legal and jurisprudential regulations and itchr('39')s compliance with the Convention on the International Sale of Goods 1980 Vienna and other countrieschr('39') laws by presenting a solution and communicating with the Iranian legal system.

The legal regime of maritime delimitations zones, one of the branches of international law, has undergone a gradual evolution from the Middle Ages to the present day, and has two basic aspects: the determination of the exact range of maritime zones and the identification of applicable criteria in the basin.This process is more difficult in closed or semi-closed seas, such as the Bengal Bay, due to geographical conditions. the International Court of Justice, in the  North Sea continental shelf case affair, initiated an initiative to develop principles and criteria for a fair solution to delimitation. Among the most complicated cases in this regard, we can mention the border disputes in the Bengal Bay between Bangladesh, India and Myanmar. Delimitation over 200 miles and innovation the gray area by judiciaries in the Bengal Bay for the first time is evidence of the possibility of emerging solutions based on the framework of a fair solution to the delimitation of maritime zones. This study tries to examine the role of judicial and non-judicial bodies in resolving disagreements over maritime areas as an analytical-descriptive analytical effort, while confirming the role of judicial process in extending the Delimitation rules.

In this article, one of the examples of war crimes is the destruction of human dignity, especially behavior and destruction and degradation. The crimes set forth in paragraph 21 of Part 2 of Article 8 of the Statute of the International Criminal Court are foreseen. Although the war crimes that took place at Camp 9 are not limited to this crime, the crimes of human dignity, especially destructive and humiliating behaviors, have been particularly studied. From the perspective of international humanitarian law, warlords abandon certain rights. Including their rights under the Third Geneva Convention, the right to access to health facilities. Lacking awareness of health facilities for fighters may lead to illness in prisons, and degrading behaviors. International law of international law International law of international law shows that the provision of minimum conditions for disputes in prison camps or prisoners is one of the examples of inhuman treatment and remission and destruction.

Sometimes he commit all crimes, but he does not achieve the result again. If this failure to fail to achieve the result is due to a lack of subject matter or a failure to act as a means of committing a crime, it would be impossible to commit a crime. Regarding the method of this research, which is fundamental (descriptive-analytic), by referring to the principled books, we find that the Shichr('39')a principals in their writings discussed the topic of discontinuance in its own literature and literature. It seemed to me that discourse was deliberately dealt with in the formulation of a procedural principle , Expressing the possibility of the occurrence of a result outside the field, which can undoubtedly only be compatible with the crime.However, the legislator, in the wording of article 122 of the Islamic Penal Code, regards the punishment of perpetrators of a crime as imposing a distinction between legal and material grounds. This separation of legislatures seems consistent and consistent with the correct view of some of the principals such as Sheikh Ansari (RA) In connection with the absence of eagles and punishments

Endowment under Islamic law is a permanent type of contract which cannot be revoked and it is a consensus among Shiite jurisprudents. It is a kind of contract which has been based upon a religious thoughts as well as provides great heavenly reward and includes social and economic effects. These are special characters which lead Endowment to be a more concrete contract with special imperative rules. But, a survey regarding jurisprudent books shows that, some of them sometimes let Endowment to be revocable by special stipulations in the contract, which is against the consensus on irrevocability of an Endowment. Although most of the Shiite jurisprudents accepted these stipulations, but some others are against them. In this article arguments relevant to both ideas are considered. These stipulations are not accepted under the civil law of Iran and it can be deducted from it that Endowment cannot be revoked and are bounded from the time of contract.

Due to the specific characteristics of securities, in securities contracts it is difficult for the investors to have the information which is necessary for entering into the contract. Accordingly, in accordance with the Securities Market Act and the relevant regulations, the issuers of securities, in the primary and secondary markets, are required to disclose material information about securities. The main purpose of imposing these requirements on issuers is to inform investors and make it possible for them to make informed decisions about securities transaction. The main question of  this article is if the failure to comply with legal disclosure requirements will affect the validity or necessity of securities transactions. In other words, if the issuer don’t disclose all the material information, and some investors buy or sell the securities for these information; can the transaction be considered void or voidable? In short, it can not be ruled out in general that the nullity or voidability of the contract is impossible, and in limited cases, the failure to comply with those requirements may result in nullity or voidability in the contract.

In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law and market necessities. Therefore, it is suggested that commercial expectation should be analyzed by subject matter of contract, contractual framework, protect condition like usefulness (industrial application), content of Applications for patent particularly description and summary and document of patent. As a result, identification of commercial expectations in product contract law is different from patent contract law.

One of the principal challenges now days, especially in the countries which are engaged in inland riots, is suicide attack which spreads fear broadly in human societies. More than the legal and political reactions to this social phenomenon, one of the preventive ways, is to analyze the suicide terrorists personally. No doubt, achievement to this understanding can be influential in preventing these kinds of actions. Considering some of these personal and social criteria in suicide terrorism attacks, the present article tries to achieve to a profile of suicide terrorists. In line with the policy of risk management of crime, this understanding may help us in more social and legal controls over the potential suicide attackers and finally in decreasing such kind of actions. After consideration of personal and social characteristics of suicide terrorists, the present article will show us that the suicide attacks have no a direct, meaningful relationship with none of political and religious approaches and thoughts.

The welfare of groups at risk, including staff engaged in the fight against trafficking in goods and currencies, as one of the social prevention strategies can play an effective role in preventing the occurrence of trafficking-related offenses. Given the economic nature of the crime of trafficking in commodities and currencies, the amount of public and welfare services provided by the government and the sovereignty of these employees can be important factors in preventing crime. When citizens are not afforded an equal opportunity to benefit from economic conditions, behind the circuits and administrative laws and regulations, favorable environments for rent-seeking, bribery, and corruption emerge; Fighting will be handicapped. Changing social, cultural and economic conditions, as well as combating the psychological factors of crime, are at the core of social prevention. This has been emphasized in various regulations and even the constitution. The present article seeks to examine "economic well-being" as one of the social prevention tools for trafficking in foreign exchange and its place in the countrychr('39')s criminal justice policy in the light of high-profile documents, including constitution and policy

Ta’zirs are punishments and penalties which are less severe than Hadd. There are 70 causes and 31 forms of Ta’zir mentioned in Islamic narrations and regarded as ‘Mnsus (narrated) Ta’zirs’. However, there are drawbacks to the legitimization of these causes and forms of Ta’zir: not all ‘narrated causes’ are necessary to be criminalized, nor the ‘narrated forms’ could get in the way of using other none-narrated, but reasonable, forms of punishment which are less severe than Hadd. The legitimate government of the Islamic society is in charge of Ta’zier; it could define its causes and forms, and as the common good calls, it could criminalize or decriminalize the narrated causes and it could penalize the criminals according to the narrated forms or otherwise. The legislator should not be restricted to narrated Ta’zirs. Regarding the criminalization and the penalties of crimes other than Hadd, he should rather drop the narrated Ta’zirs and turn to a more common-sense approach.

One of the main concerns of any society is the attention paid to the employment of women and preventing victimization of them.In the present study,meanwhile investigating and adapting criminological and victimological theories,by establishing a logical relationship among them,the subject is discussed.The present research is descriptive-analytic in terms of research method and in terms of information gathering method,the research method is survey.The statistical population of all women working in public and private sectors of Qom(26.142people),is chosen by a sampling method of simple random sampling of120people.For data collection,a researcher-made questionnaire with direct questioning mechanism,closed questions and multiple choice of spectral or grading type were used and to summarize the data,descriptive statistics and For confirming or rejecting the hypotheses, inferential statistics have been used.According to the findings of the research,preventive measures are the most effective supportive mechanism in the scope of preventing the misery of women practitioners.Strengthening oversight measures on job units and intensifying penalties for criminal offenses has an impact on reducing injuries.The Findings indicate the most important supporting mechanism is civil mechanism and other mechanisms are regulatory,judicial and legal mechanisms respectively.The results show that the pathological problems in both areas of womenchr('39')s employment(public and private)are the same and follow a single pathological pattern.

Non-remarriage contract or clause either deprives the right of manchr('39')s remarriage or just creates a not to do obligation of remarriage. Analayzing the validity and consequences of both situations as an one of most complicated legal issues is our mission in this essay. In the first case, the most important reason to anuul this contract or clause, even in the case of partially elimination of manchr('39')s right for remarriage, is itchr('39')s inconsistency with public policy.Thus, if such clause is incorporated in the manner of a not do to obligation, it is true and therefore, surveying on its sanctions remins. In any case, we can not infer any regulation about nullity of this contract from civil code or any possibility to rescind the first or senond marriage either as an agreed or statute sanction. Although, we can not see any obstacle on the possibility of damages as a sanction for breach of contract or clause, but because there is a problem in the field of allocating the moral damage, based on the Family Protection Act 2012, we can infer that the best sanction is the right of divorce.

According to articles 3 of laws of civil procedure, judges are responsible for issuing verdicts according to legal principles when there is ambiguity or lack of law. In these laws at first, the concept of legal principles is not distinctive on the relationship with laws, the spirit of law, judicial decrees and jurisprudential rules. Second, there is not any standard for judges to distinguish legal principle from non-legal principle. Legal principles in spite of law and Islamic reliable sources and judicial decrees are not collected into a book; therefore, their performances are complicated and difficult. The main goal of this investigation is the recognition of legal principles as the   better standard for the interpretation of laws. Legal principles are representative of the community values that laws constitute according to it. So, legal principles are the best standard for comprehending law in this sense when the law is ambiguous, the legal principles are standards for interpretation of law and on the lack of law as the base for issuing verdicts on the courts. The judge must perform those legal principles that are as the best vindicator. The interpretation base on legal principles makes formation of uniform procedure on the courts.

In Article92 of the Law on the organization and Procedure of Administrative Justice Court,a new executive guarantee has been foreseen to ensure the superiority of Administrative Justice Court as a judicial authority administrative agencies;a new legal measure to strengthen the mandatory nature of General Boardchr('39')s decisions in order to ensure the principle of the rule of law on the Administration as ‌well as reduction of similar complaints in the Court and the reduction of executive problems caused by adoption of similar regulations that violate provisions of the issued decisions.According to this article,if administrative authorities adopt regulations that are in contradiction with General Boardchr('39')s decision and same regulations as those previously denounced by the General board,they will be dealt with less rules of procedures for annulment request of new regulations.Exploring in the decisions issued by General Board of  Court in exercising this article,raises ambiguities and challenges regarding manner of applying and referencing to Article92.The broad interpretation of General Board by the term "relevant authorities",procedural agitation of the Chief Justice of the Court in referring a complaint from new regulation to the Specialized Board,and non-retroacting of revocationchr('39')s effect of new regulations since the adoption of ratifying,were the main findings of this study.