نشریه حقوق قضایی
پیاپی 25 (پاییز و زمستان 1398)

One of the fundamental principles of the rights of individuals in society is to observe the principle of the law and the principle of innocence, which plays a significant role in various jurisprudential issues. Due to their importance and high value, the scope of these principles is not limited to Islamic law and domestic laws and regulations, but the existence and effect of these principles can be found in other international laws and regulations and the domestic law of other countries. The important point in this regard is the recognition and clarification of the position of these principles in jurisprudence and law, because the acceptance of the principles will have different effects and results, as the case may be. In this article, we try to express the meaning and jurisprudential documentation of these two principles to the differences between them.

Considering the need to create a common consensus for the subjects of international law in order to achieve common goals under voluntary conditions, moral requirements were formed which led to the emergence of soft obligations in the international law literature. Had. The purpose of writing this article is to judicially examine the obligations of soft law within hard law, of which the 2015 Paris Climate Change Agreement and the Clean Air Act and Judicial Enforcement Guarantee are examined as examples. The question is; Given the soft legal obligations, to what extent can the guarantee of its implementation be effective in Iranian law according to the Paris Agreement? The research hypothesis is that it seems that soft law obligations can be effective and guarantee sufficient implementation in Iranian law according to the Paris Agreement. This study is a library method and requires the international community to address these barriers.

The pre-sale of the building is a challenge and,despite having many advantages,due to delays or non-fulfillment of obligations,it undermines public confidence in this contract and faces the people and the judiciary with many problems.preventing and adopting necessary measures to prevent a breach of obligations is prior to the position of arbitration, and then it is verified that in the event of a breach of the prohibition of building in Article 20, the settlement of all differences arising from the contract, interpretation and Proposes the implementation of the provisions of the contract for the sale of buildings through arbitration Judging by the low cost, peacefulness and expeditious resolution of disputes arising from pre-sale contracts,it is considered as the best option to be among the contractual terms to protect the interests of the parties to the contract. In this paper, two main approaches to solving the problems of pre-sale contracts are explained.The first approach to preventing breaches of the contract and disputes arising from pre-sale contracts and the second approach of introducing arbitration as the best reference for settlement of disputes and the necessity of referring disputes is the principle of the pre-sale contract for the arbitration in law.

Basically, there are two types of privacy in marital field: the first is the privacy that a husband and wife have toward each other and no one is allowed to intrude in without permission; the second is the privacy that each husband and wife have in relation to each other and for intruding this privacy they must be allowed. Human beings have respect to themselves in their privacy and think about themselves. This is an opportunity to encounter with and judge their actions and behaviors and modify them. For this reason, the issue of privacy or solitude has long been considered by scholars, jurists, and thinkers, and this issue has been legally recognized, after the modernization of societies, in the form of a fundamental right for all individuals in all societies. One of the most complex patterns of privacy is family privacy which can be seen in the couples’ relationships. In spite of the emotional and mental affiliations and the status of men and women in the family, the issue of privacy is somewhat in contradiction with this issue. Therefore, in the present research which is conducted through the analytical method, it is concluded that couples, in addition to the emotional and physical elements to each other, are entitled to privacy and solitude by the virtue of legal and jurisprudential evidence, in which observing and respecting to this issue is a must that both parties must be bound to it. Thus, the aim of this research is to find out the extent of man (husband)’s intrusion in this area and decisions are made by the woman (wife), due to his position of patronizing and ensuring in providing safety in the family, in some affairs and decisions which are derived from the wife’s privacy and thoughts.

nowadays, the lack of legal sanctions in environmental crimes has led to the development of these crimes. An the international level, since the Stockholm conference the formation path of the criminal policy, paying attention to environment and the crimes against it which was mentioned through armed conflicts, became easier, and now it seems the bed is set for entering these crimes into the regulation of the Court of Justice under the title ofecoside. But the Iranian criminal policy, which has been criticized for Narrow spectrum of predicted crimes on the one hand and non-compliance with the required standards on the other at the criminalization part, has been undeveloped at the penal responses and has faced ineffectiveness in penal responses and restorative expected responses in line with reforming the predicator and compensation for it has not made an appropriate bed in facing thesecrimes. therefore in order to prevent the occurrence of these crimes the necessity of adopting a coherent criminal policy at both internal and international level is the most eligible act in dealing with these crimes.

Technological advances in any domain effects other domains as well. International law and especially international boundaries take advantage of technical progresses or considering the factors which existed before but they have been neglected and put these factors in the service of its demands. Maybe if we consider each of the technical factors separately, we cannot understand their role properly in boundary domains, but we study their setting in the form of boundaries determination and consider the package generally and investigate the relationship of internal factors. It is clear that technical factors have developed a great evolution in determination of territorial boundaries. Eventually, when the technical parameters are employed for determination of territorial boundaries, in fact they serve to its purpose; the purpose is nothing than maintaining international peace, order and security, the fact that is the existential philosophy of the United Nations organization. Thus, non-human factors have been served for human factors and maintain its values.   Definitely next advances in technical factors will be along with other revolutions in boundaries domain.

One of the basic principles of the rights of individuals in society is the observance of the principle of immorality and the principle of innocence, which plays a significant role in various jurisprudential issues. The practical scope of these principles, given their importance and high value, is not limited to Islamic law and domestic laws and regulations, but the existence and effect of these principles can be sought in other international laws and regulations and domestic law of other countries. The important point in this regard is to recognize and explain the position of these principles in jurisprudence and law, because the acceptance of these principles will have different effects and results depending on the case. In this article, while expressing the meaning and jurisprudential documents of these two principles, an attempt has been made to address the differences between the two.