فهرست مطالب

فصلنامه مدرس علوم انسانی
سال سیزدهم شماره 4 (پیاپی 63، زمستان 1388)

پژوهشهای حقوق تطبیقی
تاریخ انتشار: 1388/10/11
تعداد عناوین: 10

فارسی
English

انتخاب همه

A Few Reflections on the Mechanism and Legal Nature of Profit-sharing Securities Issued by State Organizations, State - controlled and Private Companies

Rabia Eskini Pages 1-18

In the aftermath of the Islamic Revolution and due to doubts cast on the usurious character of interests on debenture bonds, the Iranian legislator was led to replace the latters by the so-called profit-sharing securities (ORAGHE MOSHAREKAT). The enactment, of the law and regulation, (in 1997 and 1998) concerning the issuing of profit-sharing securities has given rise to doctrinal discussions regarding the mechanism and legal nature of these kinds of securities. In fact, the question is whether or not these new sorts of securities are identical in nature to the old debenture bonds. The objective of the present article is to consider, firstly the mechanism and secondly the legal nature of the profit-sharing securities.

Abstract View Paper Original: Persian
The Notion and Conception of Good Faith in Iranian and French Law

Ali Ansari Pages 19-46

The principle of good faith is one of the most recognized principles of law of contract within the international law. Therefore, the principle of good faith has strongly influenced the national laws as well. Nowadays, good faith as a legal term covers two meanings, which are independent from each other. The first meaning is, the “mistaken imagination” (or the “honesty of purpose”). It is the subjective perspective or imagination of a person about the appearance of something. It applies on legal questions related to property, marriage and securities. Secondly, the principle of good faith has the meaning of fidelity. For example, Art. 1134 Clause 3 of the French Civil Code stipulates the performance of contracts by applying the principle of good faith.

Abstract View Paper Original: Persian
The Role of Economic Considerations in Iranian Nuisance Law

Iraj Babaei Pages 47-70

The owner is allowed to use his property how ever he wants and to benefit from it (Article 30 of Civil Code) but his activity should not impair the neighbor unless it is reasonable and necessary to meet a need or to prevent a loss. If the activity is unreasonable and prejudicing neighbor is foreseeable (Article 132 of Code Civil & Articles 352 & 353 of Islamic Criminal Code), the jurer is obligated to compensate the victim, but Article 132 does not mention whether the activity has to be stopped. It is better to take into account the economic considerations to determine the reasonableness of the activity, so if a person uses his property while takes all reasonable precautions but the neighbor’s damage is more than his if he stops using his property, it is difficult to suppose that the activity is reasonable.

Abstract View Paper Original: Persian
Ineligibility in the Electoral Law of the Islamic Consultative Assembly and Local Islamic Councils with a look to French Law

Pages 71-98

Ineligibility is the deprivation from the right to be elected. The cases of ineligibility in the political elections have been mentioned in the electoral laws of the Islamic Consultative Assembly and Islamic Local Councils. Among them, some fall into absolute ineligibility cases and others into relative ineligibility cases. Ineligibility is absolute where an individual for the personal reasons like moral and social disqualification, can not at any circumstances be introduced as a candidate in the electorates. Ineligibility is relative where an individual for the occupational reasons can not be introduced as a candidate in all or in some of the electorates, unless he/she resigns from his/her occupation before the elections. The cases of absolute ineligibility in Iran are mainly ambiguous and permanent. The cases of relative ineligibility in national and local elections are more extensive and it seems that there has not been sufficient accuracy in their regulation. The legislator could consider many of the relative ineligibility cases in case of prohibition of multi-occupation in order to prevent the chances of candidates from being limited.

Abstract View Paper Original: Persian
Human Trafficking in Iran Criminal Law

Pages 99-124

Today, fighting human trafficking has become the first priority in many countries. The breach of human dignity by traffickers and its relation with other organized crimes such as money laundering are among the main factors in fighting this crime world wide. Iran, like many other countries, suffers from this crime. In 2005, Iran’s Parliament passed the Human Trafficking Fighting Act based on the reports of trafficking Iranian women and children to the neighboring countries and as result of international developments, which included the Protocol to Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations’ convention against Transitional Organized Crimes. This Act solved the related problems to some extent, but due to haste in passing it, many topics on the crime remained missed out. This article attempts to assess and analyze the mentioned Act and point out its defects.

Abstract View Paper Original: Persian
Ascertainment of Genuineness in Electronic Evidence

Morteza Shahbazinia Pages 125-143

In the evidence substantiation of claims system, genuineness of instrument has important role on its validity. The original copy of document is a confident criterion for assessment authenticity and integrity of the document. If "original" is defined as a medium on which information was fixed for the first time, it would be impossible to speak of "original" electronic evidence. Conversely, electronic evidence is intangibility, therefore, the concept of "original" in the electronic evidence is different but the electronic evidence can provide the same function by technical methods as original copy of the document in paper form. Also the concept of manipulation and the way of appraising the validity of instrument have been changed in this evidence. In this paper, the above-mentioned topics are studied.

Abstract View Paper Original: Persian
Fair Trial Standards and Guarantees in Pre-Trial Investigation

Mahmood Saber Pages 143-176

Pre-trial investigation is the most important phase in the criminal process. Because this is the first confrontation of accused with criminal justice system and facts of criminal cases are gathered in this phase. Hence, fair trial principles are very important in this process, since there is innocence presumption in this phase and the criminality has not been proven yet. In Iranian Criminal Justice System, there are some of fair trial standards and guarantees, such as innocence presumption. But there is less attention to other fair trial standards such as the right to be silent, the right to council and that arrest must be finished in reasonable time. This article discusses fair trial principles and guarantees in pre-trial investigation stage with regard to the international documents and requirements. Then it describes the Iranian Criminal System and finally recommends some solutions.

Abstract View Paper Original: Persian
Temporary Administration of Failed Corporate Entities (in Iran and England Law)

Pages 177-201

In most modern countries, there are some alternatives to liquidation for individual or corporate insolvencies, which their main purposes are to rescue businesses in difficulty or to give more protection to creditors in order to achieve better results for them. In English law, one of the corporate alternatives to liquidation (winding-up) is “Temporary Administration”, which commences on the appointment of an insolvency practitioner (administrator) by the court or out-of-court. Administration proceeding has come to English law since 1985 and after the enactment of Enterprise Act 2002, it has played the main role in restoring companies to profitable trading. Also, it is one of the best mechanisms for protection of unsecured creditors’ benefits. In Iranian law, “temporary administration” is not an alternative for liquidation (winding-up) and its conception and regulations are more and less different from Those of English law.

Abstract View Paper Original: Persian

علمی مصوب

فصلنامه مدرس علوم انسانی

Human Sciences MODARES

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 1605-9689

از سال 90 به سه مجله با نام های «برنامه ریزی و آمایش فضا»، «پژوهش های مدیریت در ایران»، «پژوهش های حقوق تطبیقی» تفکیک شده است.

صاحب امتیاز:

دانشگاه تربیت مدرس

مدیر مسئول:

دکتر رضا اکبریان

سردبیر:

دکتر عادل آذر

تلفن نشریه: ۰۲۱-۸۲۸۸۳۶۲۳

اطلاعات بیشتر نشریه

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به جمع مشترکان مگیران بپیوندید!

فهرست مطالب

فصلنامه مدرس علوم انسانی سال سیزدهم شماره 4 (پیاپی 63، زمستان 1388)

فصلنامه مدرس علوم انسانی

Human Sciences MODARES

فصلنامه مدرس علوم انسانی
سال سیزدهم شماره 4 (پیاپی 63، زمستان 1388)