نشریه مطالعات حقوق تطبیقی معاصر
پیاپی 1 (پاییز و زمستان 1389)

The contract of investment is a new issue which has no precedent on past. In this contract, Here is direct or indirect investment, the investor doesn’t invest his or her capital without sufficient guarantee from the other party so in the many indirect investment contract such condition may be inserted. This question, therefore, would propound that, the condition of capital’s guarantee is valid according to the Islamic law since a condition under Islamic law may be invalid and nullify the contract itself or be invalid but has no effect on the contract or valid. It seems that the condition is valid and the guarantor is binding to compensate the damage in the cases that are incurred.

The protection of justice and citizens especially while collaborating with criminal justice system staff on the one hand and differential criminal policy affected by the protective victimological findings, on the other hand, demands providing security to victims in proper ways. Also it is essential to provide the security for witnesses, who are involved in the process of discovering the truth are subject of risks and threats by the offenders organized, transnational, collective and vastness the crime of human trafficking requires that victims of trafficking, as a self-witness, could attend the court and testify for themselves and other victims. On the other hand, perpetrators and the other persons involved in committing human trafficking are very powerfull and somehow supported by high-rank members of the government. Thus, protecting the victims and witnesses of human trafficking and taking measures such as using pseudonym, not disclosing the identity of witnesses and victims to the public and mass media, testifying via video-conference, medical and psychologically equipped accommodating victims and witnesses during their court attendance, testifying at the enclosed doors and using reconstructed or fake pictures to prevent threatening and revenging and remove the incoming obstacles in the process of criminal justice especially in testifying are essential. Taking these security measures and other forms of protective measures about victims and under-age 18 witnesses must be considered seriously and accorded with their vulnerable state as much as possible. This article explores the protective approaches of the United Nations, Iran and Islam in providing the security for0 victims and witnesses of the crime of human trafficking.

Determining the cause in an event is the most complex and technical issue in the civil responsibility. There are many factors involved in the occurrence of damage and lack of each one can prevent an event. Nonetheless, can all these factors be the cause of an event or a selection should be made? The impact of the philosophical ideas on the legal ideas entailed the theory of “equivalence of conditions and causes” to be appeared and in a short time the problems of this theory appeared and its critiques generated a broad range of new different ideas which were commonly based on the selection of one or some factors among the causes as the cause of the incurred damage. This essay tries to comparative review of the mentioned ideas and their role in assisting judge in attributing the responsibility. In fact, it is not possible to answer the all questions with the same approach but applying any of the ideas in settling the disputes is possible. So, in determining and recognizing the responsibility, all approaches should be applied and it is not recommended to trying to find out a general rule is never recommended.

In our legal system sale and any other exchanging contract consist of two mutual obligations wich are in the same grade of causative situation. Based on an interpretation every abligation is cause of the other and according to the other interpretation, the cantract itseff is source of abligation. In the previous views although chronological priority and deaying of obigations is possible connection of two obligations is essential. Because chronological doubling of spritual affairs allows us divide them temporally.In this article we will study the matter using orders of civil law abaut conditions and philosophyical analysis of the observed contract.

Are governments responsible for the good lives of their citizens in the same way as they are under a duty to provide security, welfare and health for them? According to neutrality approach, the former categories (security, welfare and health) should be distinguished from the latter one (the good life). Governments have to remain neutral as regards the good lives of their citizens, which are also discussed under other titles such as conceptions of the good or those of good life. Neutrality is based on the distinction between the right and the good. There are various readings of this approach. In this paper we shall deal with the neutralist approach.

Revising a contract by the parties is a controversial issue in law. Most of the lawyers believe the parties cannot change the terms of contract after the conclusion. The subject of this article is to consider this idea. It should be noted that revising is distinguished from modifying a contract because the last one is dependent on changing the circumstances but in revising, the parties change some parts of the contract just for improving it. As a result, it is true to say that revising contract is valid.

Legislation of Iran according to article 231 of Islamic Punishment Act (1370) has assigned confession and testimony as evidences of proving the murder and specified the articles 232 to 237 for qualifications of confession and articles 237 and 238 for qualifications of testimony. Although in jurisprudence the issue has been studied and assigned as the witnesses give evidence that "A" has put the victim to death and at the same time "B" confesses that himself has committed the murder; it is not clear in the Islamic Criminal Law and has not attracted the legislator’s attention.The command can just have these three forms in such a case: Conflict is obviated when it is clear for the judge that both testimony and confession are false. The second form is when complicity has occurred. In this case judgment will be make according to the rules of complicity. Obviation of complicity and committing the murder by one person is the third form in witch preferring confession to testimony is the correct opinion although there are dissenting opinion.The author tries to discuss about these three forms and analyses the opposing and supporting opinions and represent, some legal solutions for this challenging issue.