فصلنامه پژوهش حقوق عمومی
سال دوازدهم شماره 30 (پاییز 1389)

In recent years it has been devoted an important chapters of the Election Codes of different countries to election propaganda. This Article by focusing on the most recent Election Code of the Iranian Assembly tries to consider the situation of propaganda in this code. The question is: Whether the election system of Assembly has an appropriate code based on fair and free election? The hypothesis of the article is: the present Code has limitations and weaknesses that lead to some abuses of the Code.

Article 25 of the Warsaw Convention states that "the carrier shall notbe entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his willful misconduct or by such default on his part as, in accordance with the law of the Court seized of the case, is considered to be equivalent towillful misconduct." This article has been the subject of more controversy than any other single provision of any air law convention as a result of inherent difficulties in its interpretation and application. The judges in different legal systems have read this article from diverging angles. This Article studies the application of article 25 of the Warsaw Convention. Similar provisions exist in the Hague Protocol and Montreal Convention which will be reviewed with particular reference to their application and interpretation in differentjurisdictions.

As a rule, a person has all the legal rights on his property which mainly include: the right of selling, renting and any other kind of use or transfer. The said rights exist also in case of co-ownership, but the problem may appear when the sold or rented part has to be delivered to the new owner or to the tenant. As each co-owner has his partdistributed in each particle of the property and interferes with the other's shars then the buyer or renter needs his permission and if this is denied, then, the jointly owned property must be divided so that the problem may be dissolved. However, should the division be impossible, then, the whole property must be sold by the court and theprice would be divided between the co-owners. The rule is the same when a part of property has been rented: in this case, if the permission of others is obtained then the rental will be divided between them. Should it not be acquired then the vacancy of the place could be demanded by them

The registration of invention in IRAN will provides the invention in question a protection at the national level. A potential applicant will need to consider the benefits that may flow from patenting. Perhaps the most obvious benefit is that as a patent confers an exclusive right to make, use, and sell the patented invention for a period of time, itprovides the owner with associated exclusive rights. To prevent a national patent from bing made, used or sold abroad without the prior consent of the owner or the holder of the patent, one must obtain patent that is applicable to the country or countries where the infringing activities take place.This article briefly outlines some of the factorsone should consider if patent protection outside IRAN is desired. To this end, the following subjects are examined: The benefits of filing under the Iranian new Act on patents, Industrial designs and Trademarks and; Paris Convention and patent Cooperation Treaty.

On 3 April 2009, the President of the Human Rights Council established the United Nations Fact Finding Mission on the Gaza Conflict with the mandate “to investigate all violations of international human rights law and international humanitarian law that might have been committed at any time in the context of the military operationsthat were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.”The Mission in his report to the Human Rights Council (September 15, 2009), inter alia, declared that Israel’s military forces have violatedmany rules of international human rights and humanitarian law in Gaza conflict between 27 December 2008 and 18 January 2009. This article reviewed the report from the pointview of international law.

This Article is an attempt to examine the concepts of "competition law and policy" and the impact which they may have on the economic development of the developing countries. To this end, the study adopted a very general approach, by focusing on two schools of thought: those who represented the static competition and those whoadvocated the dynamic one. Upon examination the study came to the conclusion that a realistic approach would be the application of both principles. That is, in cases where merger, monopoly or implementation of certain business restrictive practices would promote a given industry, then such practices ought to be permitted. However, in situations where such behaviour or power becomes a means of abuse for monopolization, division of market and as a whole, harming competition then they must be prevented. The administration of such a dynamic policy might engender two optimal outcomes: allocative and productive efficiencies. Furthermore, in circumstances, where innovation and technological advancement necessitate it, more lenient measures toward restrictive practices could be adopted.The approach and its application may also have relevance to the industrial and economic enhancement of the developing world, but only when its features and peculiarities are taken into consideration. These are nothing but theindustrial and technological laggardness of this world, which would justify a deeper involvement of governments in adopting and applying both preventing and encouraging legal and administrative measures: a successful policy which was applied by not only such countries as Japan and South Korea but also such advanced states as the USA.

Political parties are among the most important political practitioners in societies. although criminalizing some acts or omissions of these parties is inevitable, but also will impose kinds of restrictions to them too. Analyzing crimes of political parties in Iranian criminal law notonly will determine the extent of criminal intervention in political sphere, but also will result to critical analysis of Iran penal policy in this regard. In this article, the crimes of Political parties as regulated in related laws will be discussed and analysed.

During the litigation of clams and settlement of disputes arising from electronic documents, one must refer to the data and information related to them. These information and documents are stored and held in computer systems and sometimes are never printed out on paper. Can these documents be used in court as evidence? What is their argumentation value? Regarding the possibility of denial or uncertaintyor the claim of counterfeit from the person against whom the documents are presented, attainability of the rectitude and authenticity of the documents and their relation to the person who issued the document and also the verification of the identity of the parties, are subjects that have to be discussed and determined. Whereas the acceptation of the validity of electronic contracts is a consequence of the juridical acceptance of electronic documents and, in other hand, in the proofing stage, the existence of electronic signature in cyber space is a necessity of the validity of electronic documents, this paper, during the review of “legal acceptation of electronic evidences”, “the conditions of validity of electronic proofs” and “electronic signature”, is trying to have an eye on “the legal acceptation and the juridical validity of electronic evidences in national and international sources”

Arising disputes between the government-based institutions is inevitable. In recent 33 years, the executive power has tried to settle such disputes using its own internal mechanisms without having involved the judiciary power. However, this endeavor hasnt been successful due to implications of the article 159 from IRI's constitutionand some interpretations of it. It is now two years since the government has run its new initiative for reaching the above mentioned goal with forbidding executive apparatus from payment of court costs and attorney fees for claims as well as devising procedures of dispute settlement. This article investigates the existing trend in this issueduring recent 33 years and analyses the new initiative of government on it

Criminal procedure differs from civil procedure in many ways. The judg's proficiency over the accused character during preliminary investigation, trial and execution of sentences is among other differences, since fair judgments in criminal procedures upon determining the accused exact criminal liability, motivation of committing crimes, taking proper action if culpability is proved, watching effective execution of taken decisions to reform criminal and planning to avoid recidivism.In Islamic criminal law, just like common law the main goal is to punish reform and cure criminals. In a character files, medical, psychological, psychiatry, psychoanalysisspecialists and social worker specialists as well common on accused mental, physical and social situation and criminal judge studies this file when deciding. As a preliminary step to reform a criminal making a character file is not in consistent with Islamic criminal law system.