نشریه دیدگاه های حقوق قضایی
پیاپی 100 (زمستان 1401)

“Law” can be defined as a set of the rules for regulating the behavior of the legal persons and their communication, according to the equity, with the sanction. The Law from its inception, and through its development, had relation with mathematics in several different ways. The simplest and the most applied area of the relation is the area in which the mathematics is applied for solving the actual problems of legal and judicial substance. This level of relation cannot be regarded to as a scientific interdisciplinary system, because the application of the mathematics is a normal method in different areas of human life. In the context of the relation of mathematics and the law, the aim of this research is searching the potential effects of the mathematics on the sources of the rights and obligations, and on the legal doctrine. Information collecting is from library and information analizing is based on a combination of the legal logic and the methods and formulas of the mathematics and the methods of statistical inference. The effectiveness of the science of mathematics in the sources of right – obligation, like the acts and the statutes, can be regarded as the basic step for the constitution of the science of [Mathematics – Law]. The science of [Mathematics – Law] will be in the trend of development, through the research and regulation of the effectiveness of the law. This leads to the enhancement of the sources of the right and obligation in the course of the dynamic equity. The prescription of this paper is planning a disciplinary science for the interaction between the mathematics and the law: [mathematics – Law].

The cases of Revocation of the contract in the labor law are not clearly specified. The labor code, in support of the worker, has accepted the expulsion implicitly, without specifying the types and reasons and in the notes of Article 7, it has shaken indefinite contracts. In spite of amending Article 10 and Article 21 in 1394, there are still some ambiguity: What are the cases of Revocation of a contract in accordance with the clause (g) Article 10 and the clauses (g) and (H) of article 21of labor code? What authority should determine the cases of Revocation in the labor code? Research method is descriptive-analytical way. despite paragraph (g) of Article 21, paragraph (h) of Article 10 is redundant and paragraph (g) of Article 21 is not one of the ways to terminate the contract along with other cases of termination of the contract, but the legislator should Organize " revocation within labor law" in two cases: revocation at the will of the employer and revocation at the will of the worker with specific types and conditions of each. This requires amendments to the labor law to provide contractual balance in labor relations.

Gambling is one of the illegitimate methods of gaining property, the prohibition of which is reflected in the criminal law. In jurisprudential works, the types of gambling have been studied by considering the two indicators of playing with gambling implements and betting, and their substantive and obligatory effects have been explained. According to the mentioned indicators, gambling can be distinguished from what is considered gambling ruling and from similar topics such as betting and lottery. In the present article, in addition to the jurisprudential analysis of the issue, according to the criminal laws before and after the revolution,the types of crimes related to gambling and the conditions for its realization have been investigated. A comparison of the rules shows that the criminal legislator has taken a stricter approach than before each time. However, the inclusion of existing laws regarding committing gambling on cyberspace platforms is difficult due to ambiguity in the definition. Also, the lack of definition of gambling and similar issues such as betting and lottery has caused some differences of opinion. Therefore, it seems necessary to provide a clear and based on jurisprudential criteria definition of gambling and similar issues, which include committing it in cyberspace.

In a taking possession will, heirs of testator are forbidden to possess property that is subject of a will. There is no distinction, based upon different foundations, among reasons for such prohibition and under different foundations like transferring, appearance, and no need for an acceptance, the result is forbidding heirs from possession of property. The reason for above point is that a testator has an especial right over one- third of his property, therefore, till the time of rejection or acceptance of the will his legal heirs are not permitted to use the testator’s property. For such a limitation, there is no difference either the testator die or his property transferred to his residuary. Under this foundation that after dying a person his legal heirs becomes owner of the testator’s property, so it is possible to accept such a result for them in the case under discussion, since there many examples that a testator unable to transfer his ownership upon his property to a third person residuary. In all those cases, like conditional sale contracts and mortgage, a common factor for forbidden a testator is an implying conditions to save property or destroying it by the owner; and a seller would be able to recover the same property or has a right to return it to him by a buyer as well as a mortgager would be able to recover his money by selling the mortgage. In all those cases mentioned in above, a person who is obliged to keep a property itself or has no right to possess it. Because, possession of a property is a matter that is inconsistent with the main purpose of doing legal activities namely a passion either in a form of transferring or destroying it, or condition for saving a property directly or by implication. Under the “Imamiyyah” Jurisprudence, it is admitted that until the time of rejection or acceptance of a will by a residuary, those who are testators of a will have not any right to possess the property of a dead person; of course, this is not a rule that easily to accept it since it is in contradiction to rules of ownership and right of rejection to accept a will. In this article, it is tried to support a reason (s) for a prohibition of possession of a testator’s property against those above rules.

In recent years, small satellites have brought many non-governmental actors into outer space domain because of many advantages they offer in comparison with large satellites. The activities of small satellites, like any space activity, are high-risk and may cause damage. Under the existing space treaties, it is States that are held liable if the space activities of private companies launching small satellites cause damage. The basis is Article VI of the Outer Space Treaty. According to this article, member States have an international responsibility for activities of non-governmental entities in the outer space. The appropriate State shall guarantee compliance of activities carried out with the provisions of the Treaty, authorize and continuously supervise national space activities. By collecting library data and descriptive-analytical method, this research tries to determine the State's obligations towards the activities of private companies of small satellites. For this purpose, Article VI of the Outer Space Treaty and the manner of fulfilling mentioned obligations are examined in the national space Legislations of the United States, Belgium, the Netherlands, Austria, as well as the regulations of the Islamic Republic of Iran.

In this article, an attempt has been made to examine the doctrine of "denial of justice" in international law under the title "denial of justice" and its examples. Let us explain Iranian law and point out the effects of recognizing this doctrine in Iranian law. "Denial of justice" is a type of "severe injustice" that calls into question the basis of proceedings and lawsuits to the point where it seems that "rights are denied". Currently, since this doctrine does not have a binding aspect, if it occurs in substantive discussions, it can only be placed in the form of injustice, the subcategory of contradiction between Sharia and in contradiction with the basis and philosophy of law, and for this reason, it may be possible to consider its influence on the judicial decision was hopeful. But if there is a denial of justice regarding the formal regulations, we cannot take action to fix it and we have to comply with the formal law, even if it is unfair. Whereas if this doctrine is developed and considered as a rule or law or doctrine, it can be cited in different stages of proceedings and the judges will be obliged to resolve it. The purpose of this article is to identify and introduce the doctrine of "denial of justice" in Iran's legal system, so that it can enter Iran's law as a recognized rule and be considered and cited effectively. This doctrine can significantly reduce cases of rejection of lawsuits and petitions and avoidable delays, it can have a profound effect in preventing the loss of the rights of the litigants and the waste of time and cost of proceedings, and it can be a document for issuing more fair rulings. Paying attention and recognizing and finally using this doctrine, while creating a change in proceedings, can be a means of asserting the rights of individuals whose rights have been violated under circumstances and are desperate to resort to litigation

The excellent position of judging in comparison with other jobs in the society cause judges do their job with high standards of professionalized and specialized to achieve this job and continue to do that. Most of these skills are acquisition and should be teached to people to prepare them for throne of judiciary. Recently, judiciaries of states pay more attention to this matter. Also because of its relevance to human law and good governance, The United Nations has many documents that considering that. Generally according to this documents judicial training departs to pre-training and in-service training. This paper will first establish importance of judicial training, kinds of this training, method of its application and training subjects in accordance with United Nations instrument and national practice of states then it will discuss situation of judicial training in Islamic republic of Iran in comparison with this documents.

Today, the disputes over the sale of buildings and apartment units before construction are one of the most common problems in society, which relates to pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to the unstable economic conditions at the present time, is one of major reasons for the increased number of disputes and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances which are beyond the control of the contracting parties, many of the contractual and non-contractual issues, due to the multi-dimensional complexity of the pre-sale contracts, cause the disputes between the contracting parties in fulfilling the obligations of such contracts. This paper aims to identify and assess the major factors that cause disputes in contracts related to immovable assets (in general) and pre-sale contracts (in particular).Furthermore, a number of solutions are proposed to prevent disputes in pre-sale contracts. Formal registration of the pre-sale contracts of buildings seems to be one of the most significant solutions. In general, this paper uses a descriptive-analytical research method to identify the causes of the disputes and presents some solutions to prevent such disputes, regardless of the type and nature of pre-sale contracts

Penal Law defines the crimes and the penal reactions appropriate to those crimes, on the one part and describes the manner of penal investigation process, on the other part. The regulations of Penal Law are applied to all its subjects. However, some special regulations are allocated to part of the subjects based on the social advancements. One of those special regulations is criminalization in the area of Labor Law. The Iranian legislature has explained a series of social values and criminalized over forty titles in this law upon the enactment of the Labor Law in 1990 with the aim of supporting the labor rights. These values are required to be considered separately. On the other hand, it is crucially important to control the employer and employee relations with various levers due to the special situation of the employees. In particular, the penal regulations contained in the Labor Law have been entirely enacted through a specific process by the Expediency Discernment Council. Here comes this question: What was the reason for criminalization by the legislator in the field of Labor Law and what special conditions do the specific penalties contained in the Labor Code have? The present Article seeks to find the answer to the said questions by collecting data based on the library and descriptive- analytical method. Finally, an attempt has been made to explain the special rules and conditions that govern employer crimes. This research can help to develop the range of studies on the penalties caused by working.

Oral indictment is one of the types of summary proceedings in criminal justice systems, which in addition to the traditional type of indictment, and with its requirements in the criminal process, is an example of the managerialism of these systems in the face of operational transformation in Conventional strategies It is considered. This research, which has been written by descriptive-analytical method, seeks to answer the question: What is the perspective of the oral indictment institution in the Iranian criminal justice system? An oral indictment is the prosecutor's request to the court to convict the accused of committing a crime. This criminal institution has a special form and subject matter. The limited role of the investigator in carrying out the prosecutor's inherent mission, the monopoly of obtaining criminal security in court, etc. are some of the operational requirements of an oral indictment. This penal institution has important consequences, such as accelerating the determination of the formal response, the management of the criminal process, and the realization of a fair trial. This study has found that an oral indictment is an important institution that should be firmly on the agenda of prosecutors in appropriate cases.

In order to resolve some disputes, the legislature has designated a kind of arbitration which is referred to as "compulsory arbitration." In this type of arbitration; the parties to the dispute, the arbitrator and the judiciary have legal authority. In our country, due to the limitations of compulsory arbitration, this method of resolving disputes is not very common and its importance needs to be expressed. The present research has tried to make a comparative study of the volition of arbitrators during compulsory arbitration in the two legal names of Iran and France. It was concluded that France, having a comprehensive arbitration law, while determining the compulsory arbitration for all specialized disputes and determining the executive regulations for it, as well as mentioning the arbitration tactics for resolving disputes, has limited the volition of the litigants and the arbitrator in a way that they are committed to the law in a better way. In our country, cases of compulsory arbitration are listed in only a few scattered legal sources and the arbitrator has the volition to determine the arbitration tactics and the volition of the litigants to choose the dispute resolution authority is evident. In order to protect the rights of citizens during disputes, it is necessary to formulate executive rules for compulsory arbitration and to increase the authority of the judiciary in some cases of compulsory arbitration by limiting the volition of the litigants and the arbitrator

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