نشریه حقوق قضایی
پیاپی 28 (بهار و تابستان 1400)

Due to the special nature of their operations, joint stock companies are considered as money-based companies. The main question that the present study seeks to answer is what is the mechanism of capital increase of joint stock companies in Iranian and American law? In Iran, the capital increase of joint stock companies occurs in two ways: increasing the nominal amount of shares and issuing new shares. While in US law, due to the expansion of joint stock companies to public, private, professional and other companies, the concept of nominal value of shares is removed from US law and in states where such a concept still exists, all or part of the company's surplus account is transferred to account. Capital, legal capital increases. The laws of each state have their own rules in accordance with the requirements of that state, which today are the main laws of the American companies and the laws of New York and Delaware.

Due to the special nature of their operations, joint stock companies are considered as money-based companies. The main question that the present study seeks to answer is what is the mechanism of capital increase of joint stock companies in Iranian and American law? In Iran, the capital increase of joint stock companies occurs in two ways: increasing the nominal amount of shares and issuing new shares. While in US law, due to the expansion of joint stock companies to public, private, professional and other companies, the concept of nominal value of shares is removed from US law and in states where such a concept still exists, all or part of the company's surplus account is transferred to account. Capital, legal capital increases. The laws of each state have their own rules in accordance with the requirements of that state, which today are the main laws of the American companies and the laws of New York and Delaware.

The importance and necessity of urban projects inevitably leads to some violations of citizens' rights. Sometimes municipal agents cause harm to others in the performance of duties assigned to their respective organizations, or failure to perform the duties of the law related to the city administration and its requirements, causes harm to citizens, and finally municipalities in the implementation of development projects, Necessarily, they seize private property, which guarantees their responsibility to the owners. The variety and extent of the various tolls and laws and regulations that have been passed in this regard have made the dispute between Modi and the municipality inevitable, so that the legislator in Article 77 of the Municipalities Law has provided an independent authority to deal with this matter. , That the resolution of such disputes is referred to this commission. Now, according to the provisions of Article 77 of the Municipalities Law, this article examines and removes ambiguity from the Article 77 Commission with a descriptive-analytical method, as well as the performance, powers, competencies of the Commission subject to Articles 99 and 100 of the Municipal Law and the commission's votes. He then explained the powers of the Court of Administrative Justice and the need for full oversight of the legal actions of the quasi-judicial authority of the Article 100 Commission.

Due to the need to create a general consensus for the subjects of international law in order to achieve common goals, a moral obligation was formed, which led to the emergence of soft requirements in the executive structure of governments. These requirements have no executive guarantee, but over time Will have. The purpose of writing this article is the voluntary compulsory review within international law, of which the 2015 Paris Climate Change Agreement is considered as an example. The question is; Given the developments in international law, to what extent can the guarantee of its implementation be effective in the executive structure of states in relation to international treaties? The research hypothesis is that it seems that voluntary obligations can be effective and guarantee adequate implementation in the executive structure of governments in relation to international treaties. This study is a library method and requires the international community to take care of these obstacles.

This research has been done with the aim of knowing the nature of pretending to be a forbidden act and evaluating its place in jurisprudential-legal aspects, and in terms of the method of data collection, as documents, and in terms of the method of information analysis, descriptive-analytical. In Article 638 of the Islamic Penal Code, approved in 1375, feigning a forbidden act is considered a crime. The ambiguity of the mentioned title due to the failure to state its examples in the criminal regulations, and the inadequacy of the legislator in determining the punishment for the forbidden act in this article, its implementation has faced many problems. By referring to the sources of Islamic law, the principles of the constitution, the principles of criminal law and judicial procedure and doctrine, the method of criminalization of the legislator in the mentioned article and the need for the legislator to pay attention to the Sharia standards and the principles of the constitution and the rules of criminal law have been examined. And it has reached the conclusion that if the will of the legislator is based on the criminalization of haram acts, it must define and specify its examples precisely in the criminal regulations. Before the amendment of the mentioned article, criminal judges are required to observe the principle of legality of crime and punishment and the principle of interpretation of criminal laws in favor of the accused, invoking Article 37 of the Constitution, in cases of lack of text, ambiguity and summaries, in a more balanced manner. And act closer to the goals and objectives of the law and in many cases acquit the accused.

Neglecting the issue of pre-trial detentions as one of the most complex challenges of the criminal justice system can exacerbate the increase in the criminal population and increase the likelihood of violations of the rights of defendants during the investigation and trial. The capacity of the Iranian criminal justice system to reduce the number of pre-trial prisoners is one of the most important issues that has not received much attention. The main question raised and examined in this article is what are the challenges facing the penitentiary capacity of the Iranian criminal justice system in reducing pre-trial prisoners and solutions? The present article is a descriptive-analytical study and examines the question using the library method. Insufficient alternatives to prosecution, the role of the prosecutor in controlling crime, and the criminalization and imprisonment approach are the most important challenges facing the penalizing capacity of the Iranian criminal justice system in reducing pre-trial detainees. At the same time, restricting temporary detention, expanding defense rights, encouraging the use of alternative mechanisms, speeding up the indictment and daily issuance of indictments, and electronicizing the bail process on the day of the issuance can be used as solutions to the system's penalizing capacity. Iran's criminal court cited a reduction in pre-trial detainees.

In individual and social life, human beings face conflicts, inconveniences and worries that in order to resolve them, they need methods that can be traced in Islamic law and jurisprudence, including the widely used jurisprudential rules of the Mysore rule, considering that this rule It is rooted in various individual and social issues and can guarantee the preservation and survival of the rulings and prevent the general collapse of the rulings and rights, and since we believe that religious laws are not only heavenly but also earthly, The concept, examples and its application in life became known and the Shari'a was attached to the intellect so that a better result could be chosen in eliminating the conflict of rules and the conflict of rights. This article tries to present the applications and functions of this rule in the interactions and individual and social relations of human beings with a religious and rational attitude, which can be a good result by eliminating the conflict..