مجله نامه مفید
پیاپی 67 (شهریور 1387)

Vicarious liabilities and obligations arising from ownership or protection of property are included in the category of "Extra-Contractual obligations" in conflict of laws and ascertaining the applicable law on these special obligations is necessary. In view of the acceptance by most jurists of the general choice of law rule of the lex loci delicti commissi to this "connecting factor", in most cases where the place of the occurrence of the alleged act is the determining factor for ascertaining the conflict rule on vicarious liabilities and obligations arising from possession of property, the application of the lex loci rule to this legal institution is acceptable, but in some cases where other connecting factors have the most significant connection to the incident and to the parties, it is necessary for the court to determine another proper law to prevent troubles resulting from exclusive application of the traditional doctrine and from the difficulty of ascertaining the place of the occurrence of the tort. So, the doctrine of "the proper law of the tort" has been reflected in the Hague Conventions on the applicable law to traffic accidents and products liability.

In the course of an amendment to the Civil Code in 1982, a rule known as the rule of hardship (‘usr wa haraj) was inserted in Article 1130 of the Code. According to the new law “hardship” may be invoked by a woman to ask the court for divorce. The concept of hardship was further defined and exemplified by a law in 2002. The hardship rule has had a deep and fundamental impact on the Iranian law of divorce since its introduction. One of the shortcomings of the new development is that the type of hardship divorce has not been determined. Consequently, there is a difference of opinion among jurists, lawyers and courts in whether this divorce is revocable (raj‘i), where the marriage is not dissolved fully and so the husband can resume his marital life, or is irrevocable (bai’n), where the marriage is dissolved completely. This paper examines the different opinions and judgments in this regard. One group maintains that a hardship divorce is revocable. Another group believes that it is khul‘(a divorce that a woman gets in return for the payment of an agreed sum to her husband). A third group argues that the determination of the type of divorce should be left to the court. The last group supports the view that such a divorce is irrevocable. This paper concludes that the last opinion is the strongest one.

In accordance with the established theory of Islamic jurisprudence reflected in the Civil Code, the guarantees to enforce a condition in the event of a failure to perform it are to compel the person who has undertaken to execute the condition to do so and the right to rescission for the person in whose favour the condition is made. This article seeks to demonstrate that the above mentioned guarantees are not adequate, but on the contrary they sometimes cause losses. In order to remove this shortcoming, the theory of “Assessment of Condition” has been put forward. However, the theory is encountered by a number of juridical impediments. After addressing these impediments and establishing the theory, the effects of the theory will be considered in three different types of conditions.

Iranian Saffron has a share of 96% in the international market and also Iranian hand-woven carpet has the first rank in the international trade of hand-woven carpets. These products have recently been exposed to a great risk: Iranian Saffron is being packaged and sold and even exported under the label of "Spanish Saffron" after its exportation from Iran to Spain. Also Indian carpets which have the design of Iranian carpets are being presented as "Iranians Carpets". In order to avoid such events, the Iranian law on the protection of geographical indications inspired by TRIPS was passed in 1383. This research analyzes the notion and the way of the protection of geographical indications according to the TRIPS agreement and Iranian law.

The industrial development in the world has changed nature and caused irreparable damage to human environment. Due to the special state of the environment, it is necessary to take more effective measures. The criminal approach is one of these measures. However, it is clear that the determination of the victim of the environmental crimes or locus standi is very important; environment is a silent victim which cant defend itself in any court. Thus, through recognition of the locus standi we can better guarantee the effective protection of the environment. Furthermore, this determination may provide the necessary mechanisms for developing the civil society institutions in order to participate in judicial proceedings. This article tries to briefly study the laws and regulations of Iran in order to locate the existing and optimal roles of the NGOs.

In case of death, dismissal, resignation, absence or sickness exceeding a period of two months and or in case of lasting the period and non-election of the new president or other reasons like these the first deputy of the president is responsible for the presidency's interim with the Leader's consent. The presidency's interim in France is entrusted with the Senate president and in case of his hindrance will be rested on the Government. The interim duration in Iran is fifty days and in France is thirty-five days maximum. During the period of presidency's interim it is impossible to interpolate the ministers nor give a vote of non-confidence, nor any attempt shall be made to revise the Constitution or referendum. With minor differences, the same restrictions in the presidency's interim in Iran apply in France as well.

Proportionality between crime and punishment as one of the principles governing punishment has attracted more attention in recent years. The main cause of this development is the spread of retributivist approaches to philosophy of punishment. This article researches firstly the origin of proportionality in philosophy of punishment and secondly analyses the manner of making punishment proportionate to crime.