نشریه دیدگاه های حقوق قضایی
پیاپی 99 (پاییز 1401)

The contracting world is witnessing the strengthening of the contractual dimension and the ethics ofthe relationship in it every day. One of the consequences ofsuch attention is the design of new foundations in order to ensure maximum contractual justice, one ofthe most important of which is the solidarity-contractual basis. The basis is the obligation to pay attention to the interests of the contractors in the rights and obligations of the contract, and in particular in the obligation to provide information, which is justified in the Iranian legal system based on the introduction of the Constitution and its principles 2 and 3. Obligation to provide information on a new basis transcends the principles of satisfaction and good faith, which were limited to the pre-contractual obligation of information, and includes all stages ofthe contractlife. In addition tothe obligation to teach, It also includes the obligation to give notice and the obligation to advise. In the obligation to teach, obedience is provided by providing information in a crude form and a low degree of consideration is given to the interests of the contracting partner. But inthe obligation to give notice, emphasizing the negative aspects and risks of legal action, and in the obligation to advise it goes beyond this and tries to direct the decision around the most appropriate action with the cooperation ofthe parties.

Utilitarian and wealth-maximization readings have always been two main perceptions of efficiency. Philosophers and jurists have proposed both of these readings as the basis for the enforcement of legal rules. As a normative criterion, Followers of efficiency claim that the ultimate goal of legal rules should be to maximize utility or wealth. In the history of law and economic analysis, four main reasons have been used to defend efficiency: utilitarian, libertarian, conventional, and ultimately pragmatic. Critics, however, believe that the arguments that are supposed to reinforce the claim of maximizing efficiency face many ethical problems. At the same time, the concept of increasing wealth as the ultimate goal is not internally coherent. In this paper, through descriptive-analytical methods, the efficiency concept and efficiency evaluation criteria in both utilitarian and wealth-maximizing readings is analyzed. Finally, it was concluded that efficiency cannot be accepted as the fundamental norm and the core value of rights. Nevertheless, the positive value of economic analysis will remain & Its importance as a fact of economics will not be diminished to legislators.

Public policy and mandatory rules play an important role in international commercial arbitration to the extent that the non-observance and application of public policy and mandatory rules by arbitrators, as the case may be, challenge the invalidity or non-enforcement. These two legal establishments narrow the scope of the free will of individuals and prevent the arbitrability of some issues. In addition to these similarities, there are also differences between public policy and mandatory rules, such as the mechanism of impediment to arbitration; In this way, mandatory rules appear as a primary obstacle and are aggressive, while public order is a secondary obstacle and is defensive. Public policy and mandatory rules are also important because they can be used as a legal tool and basis for the invalidation of unfair terms in arbitration agreements. However, it seems that public policy rules do not work in all cases to invalidate unfair terms, and that special legal provisions should be drafted to provide an appropriate solution to the challenge of unfair terms in arbitration contracts. A similar move can be seen by the French legislature. Utilizing a two-layer government control system to provide an opportunity to renegotiate and adjust the contract is a good way to deal with and overcome the challenge of unfair terms in arbitration contracts.

The article 567 of the Iranian Islamic penal code, with an innovation towards the former law, has criminalized a new behavior which is encroaching on other’s bodily privacy and imposing intentional physical force on his body. This behavior, although may lead to spiritual injury in victim, leaves no effect in his body. This crime has considerable unity aspects with a criminal offence in the English legal system entitled "Battery". Scrutiny the elements of this crime in the English legal system and comparing it with the mentioned article and also studying the similarities and differences between these two crimes, shows new aspects of the mentioned article in our country’s legal system; Aspects which has not been considered so far. In addition, it seems that the nature of the legal response that inserted in the article 567 of the Iranian Islamic penal code for committing the matter of the article is not just punishment, but also has aspects of compensation.

The article 567 of the Iranian Islamic penal code, with an innovation towards the former law, has criminalized a new behavior which is encroaching on other’s bodily privacy and imposing intentional physical force on his body. This behavior, although may lead to spiritual injury in victim, leaves no effect in his body. This crime has considerable unity aspects with a criminal offence in the English legal system entitled "Battery". Scrutiny the elements of this crime in the English legal system and comparing it with the mentioned article and also studying the similarities and differences between these two crimes, shows new aspects of the mentioned article in our country’s legal system; Aspects which has not been considered so far. In addition, it seems that the nature of the legal response that inserted in the article 567 of the Iranian Islamic penal code for committing the matter of the article is not just punishment, but also has aspects of compensation.

Channels and pages known as "Crush" in cyberspace are expanding especially among Iranian youth and students in universities. Members of these channels and pages often express their desire to befriend with the opposite sex without naming or with inserting his/her face. The hidden and obvious contradictions of these behaviors with the value system of Iranian society have raised concerns among the custodians of the affairs in universities and at the community level, so that the judicial, law enforcement, and security agencies in different cities are entering into this issue and dealing with its activists, especially their creators and managers. this social action is new and lack of the legal and judicial experience in criticizing and judging it, have forced the authors before issuing the votes and possibly the unwise treatment of the mentioned device, And by paying attention to the principle of legality of the crime, the extent of its compliance with the various crimes contained in the crime log of our country.

Descriptive-analytical with using field study and also examine several crush pages and channels.

The behavior of members in channels and pages known as crush is in the accordance with the crimes under the Subject of articles 641 and 638 of Islamic punishment law (approved 1996), However, despite some couplings, these cannot be considered as examples of articles 637 and 639 (approved 1996), 130 and 142 (approved 2013). Also, the creators, managers, and advertisers of these pages and channels can be prosecuted as the accessory of the above-mentioned crimes..

Although Imamiya jurists consider judicial discrimination unjust, they believe in the narrative assignment of this principle. In their opinion, the judge has right to consider the Muslim superior to non-Muslim in the court. This fatwa has not been stipulated rare, but it was claimed that there is no objection against it. this research has tried to investigate the roots of this discrimination and has reached this conclusion that regardless of the documental weakness, the relevant narrative argument is also incompatible with valid and stronger narrative arguments in terms of text and content. In spite of stronger narrations, the popularity of such a fatwa, on the one hand and acceptance of inherent and intellectual goodness and badness and the connection between the rule of reason and sharia, in the philosophy of jurisprudence of the Shia thinkers on the other hand and ultimately the impossibility of assigning rational rules from the perspective of Shia fundamentalists, it is resultant from the rupture of Imamiya jurisprudence with the philosophical and theological principles governing it (philosophy of jurisprudence) and the rupture with the rules of jurisprudential principles accepted by the Shia fundamentalists.

Administrative Contracts qualify mandatory and warranted legal forms which follow some specific rules and procedures. However, failure to comply with the procedures may cover various performances. The main question which is intended in this paper is that to what extent is the issue of invalidity of administrative contracts in Iran conforms to the general rules of civil contracts, and what are the differences with them? Reflection on legal materials and articles, legal acts and legal doctrine, can lead to the conclusion that administrative contracts in a invalidity state does not merely guarantee void execution, but due to collecting administrations’ interests and individuals’ rights a specific situation which can be correct and void is considered. In some cases, so as to guarantee the rights of individuals, the contract is to the extent that it compensates for damage, has a credit. This claim referring to Article 92 of the Public Calculation Law and Clause 1 of Article 4 of the Regulations on the Implementation of the Statute of the Constitutional Court of the Complaints Board has been proven.

The criminal policy governing the combating smuggling of goods and currency is mainly based on government responses, both criminal and non-criminal. However, due to the multifaceted nature of this phenomenon, the government has no choice but to resort to preventive measures and the participation of civil society in the process of preventing and this phenomenon. Headquarter for fighting against commodity and currency smuggling, as the main trustee of this policy area, has adopted various programs in order to prevent and combat the smuggling of goods and currency and to some extent, accomplishments have been achieved in controlling this phenomenon But the volume of smuggling in and out of the country is still very significant and is estimated at about $ 13 billion and This confirms the existence of challenges and serious obstacles in the criminal policy. In this research, while explaining the principles and preventive mechanism of the headquarters and its position in the regulatory structure of the field of smuggling has been analyzed and then the criminal policy on the types of smuggled goods is examined. Finally, the most important challenges facing the headquarterschr criminal policy in the failure to fully combat this crime will be explored.

Article 491 of the Code of civil Procedure, by referring the parties to the court in case of annulment of the arbitral award, seems absolute.While it must be distinguished between annulment Reasons. The annulment of the arbitration contract or the expiration of arbitration period are reasons that leads to the dissolution of the arbitration clause. Because the field of arbitration is lost.  Although it ends the arbitration when arbitrators were specified. Because first; the contractual obligations has been executed and secondly; contract framework, preclude extending arbitration to others. On the other hand, absolute arbitration don’t be affected by the annulment of arbitration award. Because in this type , arbitration itself is desirable for the parties and not the arbitrator. "Party autonomy" is required arbitration  be continued  by the other arbitrators.

In Iranian and English law -relying on numerous legal bases especially the privity of contracts and scattered articles of the law- the rule is prohibiting the imposition of a third party as the new party to the contract; This means that after the conclusion of the contract, the parties can refuse the unwanted encounter with a person other than the Primary party at the time of the conclusion of the contract, but its dimensions and components face many ambiguities and questions. The most important question is what are the principles and rules of these two legal systems, how they prohibit the imposition of a third party as a party to the contract, and what are their commonalities and differences? In this research by Studying the Doctrine and judicial decisions in a descriptive-analytical manner, we found despite the acceptance of the Prohibition’s rule in both systems, there are serious distinctions in its implementation. While Iranian law essentially denies the acceptance of a third party as a party to the contract without the consent of the other party, the British legal system tries to prevent the elimination of the previous party and allows a third party to be present in the contract and in fact, puts the third party next to the previous contracting party.

Justice literally means the administration of justice. In the legal term, justice is an institution that includes all organizations related to handling people's complaints and grievances. This is why the Constitution of the Islamic Republic of Iran, in Article 159, introduces the judiciary as the official authority for grievances and complaints. One of the important issues in the realization of justice is how the employees of this institution deal with clients. People who have many problems and sometimes come with inappropriate mental and financial conditions. The purpose of this study was to present a model of honoring the client in Isfahan justice. In order to achieve this goal, a qualitative methodology based on the data theory method was used, including three stages of open, axial and selective coding, using the systematic approach of Strauss and Corbin. In this regard, 33 in-depth and semi-structured interviews were conducted using theoretical sampling and then the snowball technique with staff and clients of Isfahan Justice. In order to assess the validity, the conducted interviews were evaluated several times and then the interview interpretations of the five interviewees were returned to them, which was approved. Also, in the final stages, a general summary of the face pattern. Were presented to several professors of management, culture and psychology separately, and their opinions were obtained for correction and adjustment, and finally the model designed by several professors and interviewees was seen and corrected. It was done on it. The main phenomenon of the research was called "honoring the client". Causal conditions include good manners, organizational structure and staff characteristics, intervening conditions including speed in the process and honoring employees. Optimal referral management, education and culture, and outcomes including social peace, social trust, and advancement were achieved.