نشریه پژوهش های حقوقی میان رشته ای
پیاپی 12 (زمستان 1401)

It seems that the common law legal system - which was formed under the influence of the procedures in the English courts and a part of the law of negotiable instruments-which is called in Iranian negotiable instruments law as cambial law- lacks general legal rules which are inspired from ethic due to satisfying commercial needs.

In this study, the flow of ethical rules such as the estoppel rule, the doctrine of clean hands, good faith, etc. in the British multi-layer legal system has been investigated in this analytical-descriptive method.

Ethical Considerations: 

The existence of some rules and institutions has guaranteed the ethical functioning of the negotiable instruments in the multi-layered system of English law. For example, the rule of estoppel does not only prevent the signatory of instruments from invoking to the defects of the original relationship against the holder based on the validity of the instrument, but also in case of non-payment of the amount stated in the instruments and making a protest, its payment as a civil liability imposes on him. The rule of clean hands means that a person who owes money to another cannot file a lawsuit against him for the same amount.

English law guarantees the necessary standards for appropriate cambial law through the formulation and development of several ethical rules.

On April 13, the United Nations General Assembly adopted the International Convention on the Threat of Nuclear Terrorism, ending more than seven years of negotiations on the document. The treaty criminalizes the possession, use or threatened use of radioactive materials by non-state actors, their accomplices and organizers "with the intent to cause death or serious bodily injury" or environmental or financial damage.

The method of studying and gathering information and research findings is descriptive.

Ethical Considerations

 All ethical principles governing research have been observed in the presentation of this article.

The comprehensive approach of this convention aims to be a framework for the implementation of national and regional governments' activities by developing and expanding international cooperation to deal with nuclear terrorist acts.

The most important legal and technical mechanism against nuclear terrorist acts can be the diligent actions of the international community in controlling and monitoring the transportation of nuclear materials and various weapons under the strict supervision of the United Nations.

Ownership is one of the most important issues in law. There are two types of ownership: public and private. Sometimes public ownership is also called government ownership. In this article, the means and methods by which immovable property becomes the property of the government will be examined.

The method of studying and gathering information and research findings is descriptive.

Ethical Considerations: 

All ethical principles governing research have been observed in the presentation of this article.

The most common way for the government to own property is to buy it from individuals. Also, immovable property may be donated to the government by individuals for various reasons. In addition, creating wealth for the government, in the sense of implementing construction projects by allocating government credits, is another way of acquiring immovable property. Finally, sometimes the acquisition of immovable property by the government takes place due to the expropriation of private property of individuals for the benefit of the government through methods such as confiscation of property.

In the context of legal interpretation, there is a potential for the misuse of rights during their exercise, leading to outcomes contrary to the legislator's intent or societal interests. This study focuses on articulating this issue as a general rule in civil law and aims to establish criteria for the misuse of rights and legal measures to prevent their harmful exercise.

The method of studying and gathering information and research findings is descriptive.

Ethical Considerations: 

All ethical principles governing research have been observed in the presentation of this article.

The principle of abuse of rights is not confined to specific areas like contract law or property relations but is relevant across various legal domains, including family law, patent rights, and international arbitration. The potential for deviation from original objectives arises wherever the application of a legal rule depends on individual will and discretion.

In Iranian civil law, the lack of clear criteria for identifying abuse of rights and intent to harm results in indeterminate boundaries for ascertaining rights. However, a review of judicial practices in France shows that French courts have expanded the control of rights and the prevention of their abuse beyond mere intent to harm. This has led to a trend advocating caution in the exercise of rights and recognizing abuse as a basis for liability.

In Article 11 of the Law on Reduction 2020, the Iranian legislator has made it possible to forgive some crimes that were previously unforgivable in order to reduce the prison criminal population, to turn toward restorative justice policy and remove the burden of certain crimes from the shoulders of judicial courts and to reduce the entry of criminal cases..

This is a descriptive study.

Ethical Considerations: 

All ethical principles governing research have been observed in the presentation of this article.

According to articles 656, 657, 661 and 665 of the Ta'zirat Law, if the value of property is not more than two hundred million Rials, they are among the crimes that can be forgiven under Article 104 of the Ta'zirat Law. That is, to commit a crime up to a certain amount of money is forgivable and beyond that amount is unforgivable. In fact, this action is in conflict with all criteria and policies of separating the forgivable crimes and is also completely non-legal and non-judicial and is more of a social approach. With this legislative action, the crime of theft, which is one of the most obvious crimes against public order and security, has been considered forgivable; that is, as long as the plaintiff does not complain, the prosecutor does not have the right to pursue the defendant, and as a result, it causes the robbers to be rude and subsequently we see an increase in petty theft, which destroys public order and security.