پژوهشنامه حقوق کیفری
سال دوم شماره 2 (پیاپی 4، تابستان 1390)

In the law of Iran, the sold thing may be specified or unspecified property. If the sold thing is specified property, the ownership will transferred with offer and acceptance and delivery will not has effect in transferring, as a general rule. There are different ideas about the time of transferring of ownership of sold thing and the role of delivery in it, when the sold thing is unspecified property.Some of lawyers have believed that ownership is transferred with discretion of the sold thing; others have believed that ownership is transferred with delivery. The civil code is silence about the power of the parties of contract for determining of the time of transferring of ownership.In the English law, the sold thing may be specified or unspecified property also.If the sold goods is deliverable, ownership will transferred with creation of contract, but if the sold goods is not in deliverable state, ownership will transferred in the time that seller or buyer put the sold goods in the state of delivery, therefore, delivery has not effect in the transferring of ownership. The sale of goods Act has had permission to the parties of contract for determining of the time of transferring of ownership.In this article, the role of delivery in transferring of ownership of sold things in the Iranian and English law has been discussed.

Religion and its specific rules and moral principles furnish the people dont do some behaviors by their self-control. For this reason, the present study looking for to investigate the relationship between Religious orientation and self-control. The statistical population of this research includes the whole B.A. Students at university of Guilan that are studding in 2010-2011. The sample size was 100 (65 female and 35 male) that these students were selected by randomize cluster sampling. Alport Religious orientation scale was used for measuring of students’ Religious orientation and Tangney self-control scale was used for measuring of students’ self-control. Mean and standard deviation was used to description of data and analysis of data was accomplished by utilization Pierson correlation coefficient, Multiple Regression Analysis, one-way ANOVA and T test.The results indicated: There was significant relationship between Intrinsic Religious orientation and self-control of students but there was no relationship between Extrinsic Religious orientation and self-control of students. Moreover results showed that Religious orientations of males are more Extrinsic and Religious orientations of females are more Intrinsic. Also the research revealed that there are no differences between males and females on self-control. Intrinsic religious orientation reinforces the people self-control and leads to absolute and productive performance without supervision and monitoring of extrinsic authority. Therefore by internalizing religion and religious teachings you can train people who are self-control.

In The Ad Hoc International Criminal Tribunals, in a process named witness proofing, influenced by the legal tradition which is current in the common law legal system, any of the parties for a dispute that has called a witness, is permitted to have some sessions with them and review the contents of their evidence before giving testimony at trial.In The International Criminal Court, the subject of this process came first into notice in The Pre-Trial Chamber presiding over the case of The Prosecutor V Thomas Lubanga in 2006 and that chamber declared the process of witness proofing as illegal. Following a request from The Prosecutor concerning the appeal of the verdict, judges of The Trial Chamber agreed on the availability of witnesses to any previous statements made by them to the investigators of the court. But discussing the contents of the evidence of a witness and coaching them on what they will say in the hearing, were declared to be forbidden.

Iranian ancient civilization has presented masterpieces of works in the fields of art and culture to the world. These culture properties have been subjects of violation, theft and despoilment for avaricious temptations in a way that every day different crimes will be committed against art and cultural heritage.One of the said crimes is illegal exploration and excavation for art and cultural properties which has a long history in the life of mankind. Therefore, protection of this heritage particularly criminal protection has been paid much attention in recent years.This paper examines the underlying elements of illegal exploration and excavation and analyses the relevant statutory provisions and will come to the conclusion that with doing of the two acts of "exploration" or "excavation", the said crime will be committed. The legislator has not paid heed to the crime tool for illegal exploration and excavation. Additionally, procurement, purchase and use of manuscripts to find treasures have not been criminalized. In summary, Iranian criminal laws do not meet the challenging issues with respect to the protection of historical and cultural heritage against the abovementioned crime. In order to solve this problem, some suggestions will be presented in this regard.

The range of violence includes the extended layers of human behavior including its lowest layers of verbal violence. It includes insult, inferiority, swearing, slandering, backbiting, and labeling. Although verbal violence isn’t crime, but it provides the context for physical violence and social malfunction in interpersonal relations. So the present research for prevention, tends to identify the kinds of its origination factors in students and teachers of Rasht high schools. By cluster random sampling, the 390 students and 47 teachers both male and female were chosen among the four high schools of Rasht. Their points of views were studied based on three researchers made questionnaires. The results of this research show that verbal violence is prevalent in students and teachers, but in boys schools there is more than girl ones. The test of significant shows that there is a difference between students and teachers, girl students and boy student's point of view about the kinds of verbal violence and its origination factors. By these results, the psychological-educational prevention strategy could be applied for verbal violence and finally to prevent the physical violence among adolescences.

Contracting parties agreement for breach of contract remedy is justified under the flag of party autonomy principle. Predictability necessity of contract results and compliance of equation and coherence between mutual obligations restrain states from invasion to contract and its nullity or modification. However revolution movement of different legal systems shows intervention of state to this agreement in the reason of equilibrium establishment in legal relations, fairness necessities and in generally economic public policy.Paradoxical considerations deriving from contractual certainty on the one hand, and observation of fairness and prevention of penal application in civil relations on the other hand, have been transformed modification possibility of agreed damages clause and its separation from other contractual clauses to one of quarrelling issues.

In this article our purpose is to examine the concept of forgery from Islamic jurisprudence point of view, which seems to be a type of crime called Tazir. We know that the crime of forgery and use of forged documents based on deception, thus, to search bases of this crime in the Islamic jurisprudence is important. The concentration of this essay is to find the religious jurisprudence approaches to this crime and to review the synonyms of forgery.The other matter is to take attention to Qoran view point in this crime, and finally the aim of the authors is to make an applied approach to the crime of forgery will be useful for the judges, attorneys and legal experts.