فهرست مطالب

پژوهش علوم انسانی - پیاپی 23 (بهار و تابستان 1387)
  • پیاپی 23 (بهار و تابستان 1387)
  • حقوق
  • 296 صفحه،
  • تاریخ انتشار: 1389/01/20
  • تعداد عناوین: 13
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  • Hossain Sadat Maidani (Phd) Page 1
    This paper discuses the issue of protection according to international state and Iran law, specialy in the case of Iranians who have two nationalities.
  • Bizhan Hajiazizi (Phd), Mehdi Shahbaz Mohammadi Page 27
    This paper compares the foundations of "options" in Shii and Sunnite jurisprudence with Iran law. The authour sets forth the question of what the original bases of both approaches are. The findings of the study reveal that the collected options in jurisprudence and civic law do not have any bases in common. The bases presented in the sunite jurisprudence and the law of Islamic countries differ from those presented in the Shia jurisprudence and those in the law of Iran. The bases of options in Sunnite jurisprudence and the law of Islamic countries, are based upon "defect consent" and " La Zarar".
  • Mohammad Jafar Saed (Phd) Page 57
    Human cloning is a new phenomenon in the world of reproductive technology which has been faced positive and negative reactions by human society by virtue of its appearance in the world. Meantime, religious has played a significant role to form and appear the human reactions. The essay tries to scrutiny within high provisions of Islamic religion through agreed and opposed thoughts in case of implementing the phenomenon and focuses finally on preventing the phenomenon relatively based on dominant approach among Islamic thinkers, that is, implementing reproductive human cloning and permitting therapeutic human cloning.
  • Mohammad Molodi (Phd) Page 87
    There is a difference between third party's mortgage and ordinary mortgage because in the first case not debtor, but the third party, who is not debtor, has to pledge his property for debt of another person (debtor). About nature of third party's mortgage, there are some opinions and in my view, it's substance is combination of general mortgage and suretyships contract. In this paper, the effects of this contract will be considered from that view.
  • Morteza Javanmardi (Phd) Page 107
    The Islamic Republic of Iran’s accession to the constitution of the international criminal court has been an issue of study and controversy since the Rome statute was signed. One question of concern has been the compatibility of the constitution to the Islamic canon law and the country's constitution, which was first posed by Iran’s Guardian Council after I.R.I’s parliament announced its approval of the matter. Some affirmative views on the issue have been discussed in the present study. However, of primary interest is the favorable view of some of I.R.I's than high judicial authorities who continue to emphasize their major and pioneering role in propounding and following the issue in the past. Despite the above mentioned views and regardless of if they are finally approved, one should ask the question if IRI's accession to the constitution, which is part of the international system, is compatible to the national realities and the country's stance on international issues. To shed a new light on the issue, in this article the two questions will be considered in the light of the philosophy, the aim, and the methodological features of Islamic jurisprudence as reflected in the views of Islamic and national juristic authorities.
  • Alireza Taghipour (Phd) Page 121
    In criminal matters the presumption of innocence has several results that violates the rights of accused. In recent years, the international documents of human rights in harmonized manner explicitly have emphasized about this presumption. The judiciary proposal Bill to parliament in spite of indication presumption of innocence, has not guaranteed the results of it.
  • Abdollah Abedini Page 135
    Due to the existence of some circumstances and factors, some branches of international law have been treated as a ''self-contained regimes''. The autonomous of these branches occasionally has led to “fragmentation of international law”. These regimes are coming to existence in order to be autonomous and complete independence from general international law or lex generalis. This article will provide a necessary generality in this regard, then, fragmentation of international law and the self-contained regimes in the light of diplomatic and consular law, respectively.
  • Sattar Azizi (Phd) Page 159
    INTERPOL is the world’s largest international police organization, with 188 member countries. Created in 1923, it facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to combat international crime. INTERPOL is a cooperation organization in implementing law which reffered to in security council resolution 1699. INTERPOL’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character. And only combat international crime including criminal organizations, drugs, public safety and financial crimes. INTERPOL’s activities are guided by the following four core functions: Secure global police communication services, operational data services and databases for police, operational police support services, Police training and development. One of INTERPOL’s most important functions is to help police in member countries share critical crime-related information using the organization’s system of international notices. There are six types of notices:red, blue,green, yellow, black and orange notice. Moreover,there is INTERPOL-United nations special notice which issued for groups and individuals who are the targets of UN sanctions against Al Qaeda and the Taliban.The above-mentioned notices are of especial importance and helps states to prosecute and extradite guilty persons including financial criminals.
  • Nader Saed (Phd) Page 185
    The use of the chemical weapons by Iraq in two later years of imposed war created horrible crime. Following of delays and silence, international community reacted and recognized this Iraq inhumanity action. In two decades after the war, legal protection of the chemical victims and remedy of their damages was a main and vital starategic matter in the country. This article analyzes the main aspects of legal protection and remedy for the Iranian chemical victims specially recourse to civil and criminal national and/or international Tribunals.
  • Amin Golriz, Alireza Taghipour (Phd) Page 211
    Forgery which is included into the category of crimes that are against public peace and security, according to law and jurisprudence of different countries has several kinds. one of these kinds which is Mentioned in Iranian law is affixation. This paper deals with different meanings and possible interpretations of the word "Affixation" in law.
  • Sayyed Younes Nourani Moghaddam( (Phd) Page 223
    A contract and promise are binding specially against promisor. Nevertheless, in some cases the promisor breachs the promise, instead of performance of it.Then, the issue is, what rights are available for promisee, and what claims he can brings against promisor? Specific performance, rescission and damages can be awarded for promisee.We study this subject in Iranian, French and English law and in Emameih school and international documents.
  • Jallal Hamzezadeh, Sattar Azizi (Phd) Page 251
    Prisoner of War (POW) is a person that captured due to participation in armed conflicts.The capture of prisoner of war is legitimate in Islamic jurisprudence and international law. Armed conflicts is divided into domestic and international wars. The examples of non-international armed conflicts may be referred to rebellion, robbery and blyfemess prisons. Common article 3 of the geneva conventions and second additional protocol to the conventions are devated to non-international armed conflicts. Killing of POWsis banned in Islamic jurisprudence and international law and even is not permitted as a repraisal act.This rule cansider as a jus cogens. Islamic jurisprudence and international law require governments to try as much as possible to release POWs. Many international agreements such as geneva conventions of 12 august 1949, The statute of international criminal courts, international committee of the red cross, are considered as protective mechanisms in international law. International law and Islamic jurisprudence, notwithstanding some differences, have common approach in protection of prisoners of war.
  • Ghodratollah Niazi Page 277
    Anything that it’s being inherent to religion and is know by the religious people and does not need to be proved, is considered as “religious essential “. knowing this, if anybody denies it, in deed or in speech, based on Islamic jurisprudence, has denied a part of the holy prophet’s mission. This causes him to be a heterodox and deserve the verdicts applicable to a heterodox such as: his murder, the division of his property, and divorce from his spouse.