نشریه اندیشه حقوقی معاصر
سال دوم شماره 4 (پیاپی 7، زمستان 1400)

One of the characteristics of the English judicial system as the cradle of common law is the existence of the rule of precedent and its use in the proceedings. This rule, which is based on creating unity and commonality between different customs, requires judges to follow previous opinions. Of course, the judgment is binding if it is issued by the Supreme Court and is consistent with the new event. However, at present, this institution does not have an exact equivalent in the legal system of civil law, but In this article, it has been tried to show that, French law has long used tools with a similar function under the name of regulatory decisions. On the other hand, Iranian law has not equivalent for it and in the case law of Iran, the unanimous rulings of the Supreme Court cannot be introduced as its equivalent. Furthermore, the Islamic judiciary has also followed from such an approach.

UN world conferences on women issues since mid-1980s, both are the demonstration of the international community's seriousness toward rights and status of women and its significance for a better world and a ground for improving the status and promotion of women's human rights. The Documents of these conferences, despite their non-binding legal nature, are the manifestation of international consensus as to their subjects and at least in the general remarks. The main organizer of these conferences has been the Commission on the Status of Women. This Commission, in addition to its other activities in the framework of its mandate e.g. gender equality and progress of women, has organized the world conferences. These conferences, have provided the base and circle for the discussions of policy-makers and other beneficiaries in women issues as to current challenges, determining the objectives and designing the plans of action and examining the progress made in the implementation of the previous conferences' programs. In this article, through a descriptive-analytic method, we seek to review the prohibition of violence against women in the UN world conferences on women issues. It appears that despite the fact that there are many fears in the realization of wishes and programs of these conferences in preventing and combating VAW, we can and should be hopeful in progress of human being toward the recognition and enforcements of women's human rights and preservation of equal human dignity of women and men in a world free from VAW.

The rules of the division of responsibilities between perpetrators of loss in Islamic law & the legal system of IranProof of liability depends on relating loss to someone who is perpetrators of loss. So establishing this issue is necessary for proving the attribution of the loss to the agent. In the cases that the agent is one person, the verdict is clear because in these cases, proving the attribution of the loss to the agent is not difficult. In other words, this is the simplest form of a civil liability lawsuit. But sometimes there are two or more commits, in these cases proving the attribution of the loss to the agents is difficult. In these cases that there are several agents, recognition of main cause and quality division of responsibilities is very difficult so that different views on jurisprudence and law presented.Key words: Responsibility ,cause& agent, Causal relationship, Division of responsibilities

The U.S has imposed economic sanctions on several occasions throughout history. Economic sanctions are an important part of the US foreign policy to restrict international trade with foreign countries, individuals and companies. One of the most important tools of the U.S in pursuit of the sanction program is the design and implementation of an export control regime, and one of the most important items subject to the export control system in the U.S is dual-use items. Also, Iran is not immune from the restrictions imposed by the US export control regimes for Dual Use items, So that these restrictions always affects in foreign trade of Iran. Hence, one of the essential steps to increase the international trade in Iran is to reduce the constraints of the US export control regimes for Dual Use items, and in this regard the first step is to recognize the US export control regimes for Dual Use items. Hence, in this article, we are investigating the US export control regimes for Dual Use items, So that after understanding the US export control regimes for Dual Use items, we are to provide solutions to reduce the constraints arising from this area.

The legislator's effort is to anticipate issues and find appropriate solutions to solve them. But sometimes the legislature's efforts to do so are not as effective as they should be, and the rulings on some issues remain unsaid. In such a situation, judges, when faced with such unanswered questions, are obliged to find a verdict because they have no duty but to administer justice. One of these issues, the ruling of which is not explicitly included in the law, is the effect of Mousa Leh's infidelity and Mousa's murder by him in the discussion of wills. This issue is included in this article as an example of cases of silence in the law, the possibility of inferring its sentence by analogy in Iranian law is examined; Because, what is being questioned is that according to the issues of lack of authority of analogy in general in Imami jurisprudence, in what framework can the ruling on issues of silence in law be extracted with the help of analogy? This research, in a descriptive and analytical way and using the library study method, has clarified that although there are no conditions mentioned in jurisprudence regarding Mousa Leh, unlike the heir. However, considering the distinct position of analogy in jurisprudence with rights, with certain criteria, while considering the position of analogy in jurisprudence

The Iranian legal system has taken a dual position in the formulation and implementation of criminal law; Islam has accurately predicted an important part of crimes and determined their punishment in terms of type, quality and quantity, but another part could not be determined precisely because they are very volatile and can not be legislated based on religious and jurisprudential sources. The constitution identifies credible Islamic sources and fatwas as a reliable source for judges.This research is a descriptive-analytical research based on its nature and method. In today's societies, new issues and issues have become the subject of criminalization, punishment and basically a set of criminal laws that require compliance with religious and jurisprudential criteria in a new approach and appropriate to the requirements of the time. In the end, it should be said that change in current issues and issues from a jurisprudential perspective, requires contexts in which the rulings can be changed in the form of these contexts; Intra-religious contexts that are the basis for the evolution and adaptation of religious rules to the inherently evolving intellectual and cultural requirements of human beings.