نشریه تعالی حقوق
سال دوازدهم شماره 4 (زمستان 1400)

One of the legal institutions that has always been the subject of much debate in both private and criminal law is “Non-capacity”. Many of these issues, which are rooted in the thoughts of Shia Clergies, have caused controversy among jurists today. Considering that the existing approaches at the time of drafting laws and decision-making in the judiciary regarding the status of protection detainees as vulnerable groups in society are effective, it is important to examine the causes, criteria and principles of the Non-capacity. Therefore, the present article, which comparatively examines the causes, criteria and principles of non-capacity in private and criminal law, seeks to answer the question, what is the difference between the causes, criteria and principles of non-capacity in private and criminal law? The findings of this study indicate that in Iran law, although the legislator has a similar view on the criteria of stone in private law and criminal law, but the causes and principles of non-capacity in private law have a wider scope than criminal law. This shows that the Iranian legislature has a narrow and limited view of this institution in the field of criminal law.

The legislature law of war prisoners in different periods of history and among religions and legal systems behaves as the most important problems, and always has been more prominent. It has been the focal problem of different nations’ concerns, governments and philanthropic lawyers. The Humanitarian Law regulations is deeply rooted in History, because “war” has been the focus and central problem of all the modern and primitive Human societies and they all obeyed and maintain of some distinct regulations, in which along the centuries the governments have subordinated or violated them. Of course, there must be a clear distinction between the governmental attitudes in theory and pragmatically. We should discriminate respect for the rights of prisoners of war.However, the systematization of philanthropic international Human rights (in form of series of Humanitarian principles and regulations in war times was of special concerns of many different governments, and by lawful and legislative points of view has obtained the practical and legislative aspects) does not have a long and extended history behind itself. But in this arena, the Islamic legislature system more and precedent to any other lawful systems ascertained on the observation of Humanitarian regulations in wars and conflicting occasions.

Today, the concentration of judicial cases in the courts of justice is considered as one of the main challenges in our country's judicial system. This has led to delays in the trial, delays in the realization of the right and the failure of a fair trial. For many years, the judicial systems of the countries of the world, by establishing and using the historical, cultural, religious, traditions and customs of their society, have faced the challenge of facing this challenge and reducing the entry of judicial cases. In the contemporary world of law, judicialization of principles And it is considered the important policies of legal systems, and each country, depending on the system of governance, law, culture, customs and beliefs of its society, have established institutions outside the judiciary and alternative methods of resolving disputes in this regard. These organizations can resolve non-profit affairs and trivial and simple lawsuits of individuals and ultimately accelerate the realization of rights easily, cheaply and therefore more fairly, and most importantly reduce the burden on the judiciary and reduce the density of incoming cases. To be brought to justice. For almost two decades, in the Iranian legal system, the Dispute Resolution Council has been established as a quasi-judicial authority in order to judicialize and reduce the number of cases before the courts, and according to statistics, has played a positive role in the judiciary.The judiciary can take advantage of alternative methods (mediation, arbitration) to achieve and promote compromise by submitting a bill to amend the law of the council and change its jurisdiction to consider and issue a ruling on peace and compromise and increase the quorum of compromise jurisdiction of this institution, while focusing.The removal of the courts of justice will lead to the realization of judicial elimination in the Iranian legal system.

There are two groups in the discussion of prioritizing security or human rights. A group that gives originality to establishing security and considers its realization superior and priority over everything. Another group that authenticates the realization of human rights and freedoms, of which, of course, security is a part and not all, and in choosing between freedom and security, they make the first choice, unlike the first group. In this article, research was conducted with the question of which approach of security-based or freedom-based approaches leads to the realization of citizenship rights. Explaining that the security-oriented approach considers hardware as the basic element of security, and the freedom-oriented approach emphasizes human rights and its three generations. It is also worth mentioning the intellectual context of the security-oriented approach in which the government and its inherent decisions are based on the virtue-based (Platonic) approach and the root of the human rights approach is the welfare-centered (Kantian) approach discussed in this article.This research is descriptive and applied and has used data collection tools from quantitative methods, using available statistical data and from qualitative methods, tools for studying documents and texts. As an expression of achievement, it should be noted that the result of acting on human rights as a practical guide for human beings in every age and time, peace in both its negative (avoidance of war) and positive (cooperation) meanings.The current principles and values of human rights in society and the full realization of civil rights in accordance with the principles and teachings of human rights as a model and behavioral framework for citizens and statesmen will lead to the creation of a humane society and honorable human life, in which case order and security will be achieved.

The patient's referral to a physician is intended to prevent possible future illness or to treat an accident. Although such a goal is often achieved, it is also worth noting that failure to properly diagnose or delay it can lead to a loss of effective treatment. Deprivation of such an opportunity has a degree that begins with a delay in recovery and may fluctuate until the end of the patient's life. It is obvious that in case of consolidation of the conditions of the existence of the treatment duty, the occurrence of the loss and the proof of the causal relationship, the deprivation of the treatment opportunity must also be considered as one of the forms of fulfilling the responsibility. An examination of the claims relating to the claims of the faults and errors of the medical practitioners suggests that the fulfillment of the responsibilities of the proprietors of this letter is measured solely on the basis of the eventual loss. However, simply depriving the patient of the opportunity for treatment can also lead to fulfillment of conditions leading to fulfillment of responsibilities.

One of the challenges surrounding the operation of private legal entities, such as multinationals or transnational corporations, is the breach of their obligations and environmental obligations that sometimes these are cause of hurt and irreparable damages. This has been one of the concerns of developing countries as capitalist countries. Consistent environmental violations by these entities raise the question of whether these entities have in principle complied with the legal requirements for adherence and promotion of environmental standards. International environmental law appears to be a requirement, though in the form of soft law, for these individuals. The standards and norms that are hoped to be enforced and institutionalized in international law can at least justify the harmful effects of private legal entities on the environmental impacts. This article deals with the requirements and obligations of non-governmental legal entities, relying on substantive legal principles that have generally entered international environmental law by peaceful international relations and through international judicial practice.

Choosing a method of resolving disputes and how to implement it is one of the challenges for Businesses in advancing international Commercial Contracts. Because, usually, the international nature of a contract creates parallel proceeding, the occurrence of the phenomenon of conflict of jurisdictions, and ultimately, the issuance of conflicting judgments and the difficulty of enforcing foreign judgments. The arbitration agreement has alleviated some of these concerns; that method also has, however, its drawbacks. One of the solutions for traders to prevent this situation is to specify the choice of court clause in the contract. However, is such a term legally valid at the global level? If so, in which international source or sources are the objective examples given? What conditions do these sources consider for such an agreement to be reached? As The competence of the chosen court and the enforcement of its judgment depend on the validity of such an agreement. The fact is that following the prevalence of this clause in International Commercial Contracts, the legal society has also decided to codify this custom in the form of international conventions. However, these sources are numerous and scattered and therefore, sometimes, remain unknown. Also, the multiplicity of resources, in itself, will lead to conflict among them. Accordingly, in the present article, after explaining the basics of the jurisdiction agreement, the accurate introduction and evaluation of the international sources overseeing it, and, finally, the solutions to resolve the conflict among these sources are mentioned. This research is based on library sources and the descriptive-analytical method.