نشریه رای : مطالعات آرای قضایی
سال یازدهم شماره 2 (پیاپی 39، تابستان 1401)

In some contracts, the clause of amicable or friendly negotiation is written as a preliminary solution to the dispute when the parties of those contracts determining the binding methods for resolving the dispute. Of course, when the negotiation and the dispute resolution is failed, the jurisdiction of the court or arbitration, can take its jurisdiction over the case. The problem is where that while the process of negotiations did not taken place and the parties referred the case to court or arbitration; in this situation, the question arises as to whether the existence of a friendly negotiation clause is an obstacle to the judicial or arbitral proceedings. In this article, on the occasion of the judgment issued by Branch 141 of the Tehran Court of Law (Specialized Complex for Commercial Disputes), in which a Court decision of non-hearing the claim was issued due to the lack of friendly negotiations. The Procedural effects of the clause of friendly negotiation on the right to sue and the issuance of a non-hearing decision have been criticized and alternative solutions have been proposed according to the economic analysis of the law.

With the approval of the Budget Law of 1398, the provisions of paragraph "y" of Note 6, which obliges the owners of medical, paramedical, pharmaceutical and veterinary professions to use store terminals within the framework of Note 2 of Article 169 of the Direct Taxes Law, have been considered. Many prosecutors' offices are located across the country, and they have issued orders to force those responsible to enforce the law. The involvement of prosecutors in this issue is related to the revival of public rights in terms of the excessive importance of taxes in the public interest and the creation of potential problems arising from the transfer of cash to pay for medical services. With an analytical approach, this article seeks to critique and evaluate the legal aspects of prosecutors' involvement in the issue of requiring health care centers to use store terminals from the perspective of public law. Lack of communication network between prosecutors at the national level and the need for similar action in joint national and regional cases, the vacuum of the legal system in the field of guaranteeing the implementation of actions and orders of the prosecutor's office and the need to strengthen it, lack of comprehensiveness of orders, The use of the store terminal is not merely the obligation to install it and the necessity of documenting, reasoning and transparency of this type of orders in order to spread some works and the results of judgments and rulings on them, is one of the findings of the present analysis.

The controversy among jurists in the way a car purchase is registered and the lack of a clear and unambiguous law created a challenge for the Juristic and Executive system of the country. The Juristic system, earlier, defended registering car purchases in official notary publics. However, now, in many cases it contradicts previous arguments by believing that changing the car plate and issuing the "green paper" license is enough. In this regard, the consultations and votes issued in courts and general assemblies often supported the necessity of registering official notary publics. Nonetheless, some provincial prosecuting attorneys and the Prosecutor-General of the country believe that changing the car plate and issuing the "green paper" license is enough and have issued orders and circulars to protect the public rights. In this research, using a descriptive-analytical method and studying the law, regulations and necessary documents, we are trying to answer the questions: How registering (or not registering) a car purchase in official notary publics can save and revive the public rights? As well as: What is the role of prosecuting attorneys in protecting the public rights? Can changing the car plate and issuing the "green paper" license alone serve as an official document and represent the transmission of ownership? Finally, after different discussions we concluded that the prosecutor, in support of public rights, cannot order that changing the car plate is enough instead of officially registering the purchase.

In this article, the effects of lack of good faith in the draft petition are analyzed with the aim of identifying the elements of good faith and the lack of it in the petition, as well as recognizing the judicial procedure. The main question is whether the lack of goodwill damages the petition. And how should this be discovered and what are the positive evidences? And in cases where the plaintiff does not have good faith in filing a lawsuit, what decision should the court make?By descriptive-analytical method and by studying jurisprudential and legal sources and extensive research in judicial opinions, it was concluded that although the theory of goodness is not explicitly mentioned in the laws, it does not mean that it is not part of the conditions and principles of civil proceedings. And there are several positive evidences to discover its lack in the judicial procedure, and the guarantee of several performances is also provided in the legal texts as well as in the judicial procedure for this matter.

Theft is one of the oldest crimes against property, which has been dealt with by human beings since the creation of the right to property, and the perpetrator has always considered it deserving of punishment. In the current legal system, the punishment of a thief is ugly and forbidden where one of the obstacles to criminal responsibility has been met. Among the barriers of responsibility, the factors justifying the crime and the following factors, is the important issue of urgency. The conditions for realizing the urgency, the challenges of achieving it, the relationship between poverty and urgency, the system governing judicial decisions in this area, are among the important issues that are examined in the current study focusing on judgement No. 9309970269700866 on the subject of poor theft from the charity fund. Finally, based on objective insight and the system of legal evidence, by examining all the conditions in jurisprudence and law in the case of the poor thief, we come to the important conclusion that playing the role of urgency as a justifiable factor of crime is exceptional and illegal. In our current legal system, it is not possible to turn a blind eye to the evidence in the case and violate the rule of law by invoking the inner belief and conviction of the judge. The existence of a suspicion of urgency in the accused can at most preclude the application of the hadd punishment on him.