فهرست مطالب

نشریه تحقیقات حقوق خصوصی و کیفری
سال دهم شماره 1 (پیاپی 21، بهار و تابستان 1393)

  • تاریخ انتشار: 1393/03/01
  • تعداد عناوین: 6
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  • Majid Masomi *, Laleh Gholipour Arbastan Pages 11-23

    This study is important for understanding the role of the Islamic Azad University in Iran's internal political security of is 80 solar. It can be said that the Islamic Republic of Iran Islamic Revolution as a political system that emerged from popular Legitimacy of the political system and the people involved in all areas of the country Interest in the fate of the people he knows and Since the mission of the university, spread education, awareness and knowledge to the students as part of a dynamic community This could have different effects on different aspects of social life, The research question is, "The Islamic Azad University is involved in the production of political security in the 80s?" Thus, in line with the above question, the main hypothesis is that Looks Islamic Azad University The level of political security in Iran is 80. The purpose of this study Identify the impact of Islamic Azad University of Political Security Level The method is carried out and the cause Using the methodology of library collection, Have been classified and test hypotheses, The results of this study, It suggests that, Islamic Azad University in the '80s, It's called the enhancement of quality decade Students gain knowledge and insight in the context of the political aspirations of the Islamic Republic of Iran With growing momentum and sensible and hurried away from any moving And factional politics is going to hit.

    Keywords: Islamic Azad University, Political security, Political awareness, Increasing higher education centers, Discipline of political accountability
  • Hossein Sorayaii Azar * Pages 23-50

    The path of the development of the International Law, during the last centuries, seen from the actual modern era of the legal theories point of view, is associated with the peaceful settlement of disputes between independent States . The "raison d'etre" of the first and second Hague Conferences (1899 and 1907) was the dispute settlement discussions, and the Permanent Court of Arbitration is the fruit of these conferences . The Permanent Court of International Justice (1920)was the cornerstone of the judicial development of the International Law in the League of Nations system.Whilest the International Court of Justice(1945) was heraldic of modern era of legal theories in International Law ,in which the different mechanism of judicial settlement of disputes have been developed . Actually the judicial settlement of disputes between States is considered as the hub of world legal order and inter- States relations of different nature (e.g. commercial ,regional, environmental etc.)

    Keywords: Judicial settlement, arbitration, competence, procedural rules, arbitration court, ICJ, arbitration tribunal, sentence, advisory opinion, parties to a dispute, appellate body.
  • Mohammad Tohidfam *, Akram Salehi Pages 51-70

    Firmly can say after world war two, soviet union collapsing was the most important international political evolution in twentieth century. This evolution was the end of forty five years of cold war and bipolar system and forced the new basic conditions to the international system. Because of that a lot of scientists and researchers especially in political science field and international relations research on the failure of communism and collapse of the first practical experience of communism system in early decade 1990 and discussed different aspect of this subject. In this article tried discusses the insufficiency attention to end of the bipolar system and in this frame work cases such as nonflexible economic that based on concentrated programs, not attention to personal motivation of people in economic activities, social problems based on the distance between people and governors, lack of dynamism political of society, nonperson freedom, lose in military and scientific competition with imperialism and other things in form of communism scientific insufficiency which explained and then also these insufficiencies in theory aspects were discussed. In communism insufficiencies subject, subjects such as not attention to freedoms and its manifestation, exaggerating in proletariat role, no view in field work, faraway of rationalism no experience historical obligation (dialectical materialism) and finely disability in making a hard ideological link between nations, have been studied.

    Keywords: Communism, Soviet Union, Socialism, Ideology, Marxism, Glasnost, Prestorika.
  • Reza Rasouli * Pages 71-110

    November 3 rd 2002 early general election in Turkey has created a radical break in Turkish political landscape by putting an end to multi-party coalition governments of the last decade. The election also produced a single party government with a clear majority in a two-party dominated parliament, thus bringing much needed stability and come predictability to Turkish politics since 1960s. Employing public opinion data, this paper attempts to explain socio-economic and psychological underpinnings of radical shift in party preferences of Turkish electorate. The paper concludes that loss of party identity based on "us and them" distinction in politics may offer a better explanation in understanding electoral volatility in Turkish politics.

    Keywords: Turkish politics, electoral choice, 2002 elections, political behavior
  • Omid Shabani *, Asghar Haji Mohammadi Pages 111-130

    The Doctrine of Frustration is a Theory which has been presented in English legal system. It expresses that the performance becomes impossible because of an event which occurs after the contract was made. The doctrine is similar to another Theory which is presented in French law called "Force Majeure". In this article the author has endeavoured to elaborate their meanings, conditions and effects in order to recognize the differences between these two theories.

    Keywords: Frustration, Force Majeure, Discharge of contract, Impossibility of performance
  • Rima Amiraghdam *, Hasan Borji Pages 131-157

    Different parameters affect interpreting a text such as the text itself, author and audience and….hf the situation (environment) is emphasized then we encounter contextualism. Context consists of textual context and situational. Textual context is about the focused text and the situational context is the atmosphere in which the language is used. Textual context affects the ultimate meaning of the text in two ways: first is affecting the pre-understanding of the reader (e.g his/her expectations) the other is resembling , or associating some elements of the textual context with other elements of the text read and consequently affecting their meaning. Situational context is interpreting basedon parameters of the possible world, time, location, audience , narrator and the subject. We can observe the application of textual context in Quran by Quran and the application of the situational context in interpreting Quran based on the reason of revelation. In this paper, first the concept of context and its types and different kinds of contextualism is reviewed, later on its application in various historyschools, open scientific research and its application in interpreting law texts considering its application in interpreting religious texts is discussed.

    Keywords: Interpretation, contextualism, textual context, situational context, kinds of contextualism