نشریه دیدگاه های حقوق قضایی
پیاپی 42-43 (پاییز و زمستان 1386)

Following the formation and confirmation of the principle of protection of some areas exclusively for peaceful purposes in the international law, new ideas were put forth to create these areas as peaceful and secure marine zones. The proposals were aimed at safeguarding and guaranteeing the non-military atmosphere of the seas and making an effort to preserve the mineral resources of the bottom of the seas at the same time. The ideas was primarily proposed by the Maltese Ambassador Mr. Arvaid Pardo in which he asked the twenty second meeting of the United Nations General Assembly to prepare a declaration and a protocol on the preservation of the beds of the seas and bottoms of the oceans which is beyond the scope of the national competence so that these areas could be exclusively used for peaceful purposes. The present article has discussed the proposal and provisions of the Convention for Marine Law and particularly the 1982 Convention concerning the allocation of the peaceful marine zones.

Morally-insane persons solve their problems by making others unfortunate and since they are anti-social individuals, criminal psychologists call them “psychopaths”. They are individuals who do not abide by the rules, regulations, mandates, and social customs and habits due to the lack of moral growth and incapability to adjust themselves with the society, and because of immature growth and development of their personality in general. Whereas they suffer from severe emotional derangement they cannot maintain ordinary relations with other people. Morally-insane or morally-deviate persons do not have the capacity and power of conformity with moral and social rules and standards and they cannot easily adjust themselves with their surrounding, with their anti-social and abnormal behavior.

The air transportation system as a basic method in the domain of international communications and exchanges has an important role and position and due to its expedition it has a special significance particularly in passenger transportation sector. Due to the domination of its international aspect, this method of transportation is subject to the international rules more than other means of transportation to the extent the domestic air transportation of certain countries such as Iran follows the related conventions like the Warsaw Convention. One of the important issues in the legal discussion in this domain is the identification of the beneficiaries and holders of the right of filing petitions to demand compensation (plaintiff) on the one side and determination of this fact that against which respondents- the persons who have sustained losses and have the right of filing petition- may do so to demand compensation on the basis of the liabilities stipulated in the Warsaw Convention and the amendments thereof. Moreover, appointment of the competent courts to review these petitions is also an important issue in this respect. The present article discusses these three issues based on the 1929 Warsaw Convention, The Hague Protocol of 28 September 1955, Guadalajara Convention of 18 September 1961 and Guatemala Protocol of 8 March 1971.

Feminism as post-modernism interprets it, accepts this principle that the origin of all the cruelties imposed on women is the existence of the patriarchal culture and considers the core of domination of this culture to be in the modern ideological approaches. Therefore, modern feminists can be somehow considered to be critics of other feministic trends and a riot against the ideology of modernism. In the present article, the author has adopted criticism of the feministic ideology whereby he enumerates the characteristics of the contemporary and physical ideology, explain it by means of the role of gender, communication outlook, … and then criticizes and challenges the feministic ideology.

The pleas introduced to a claim are one of the important topics of the civil proceedings, which have been provided by the legislator in articles 84 onward of the civil procedure regulations in Iran. Whereas a plea to a claim as a procedural issue often prevents investigation of the court into the nature of the claim and issuance of a court order, and such cases are ultimately sent to the record-room by a writ of rejection of the suit, attention to this issue and effort to file a suit without a plea for the petitioner is of special importance. One of the most important pleas is the plea of non-establishment of position of petitioner. The reason of introducing such a plea is the possibility of filing a suit with the court on behalf of the plaintiff under the titles of advocacy, guardianship, tutorship and so on. That is why the petitioner should pay particular attention to the documents revealing his (her) representation in filing a suit on behalf of the plaintiff in order to prevent this plea from consideration by the court.The old regulations of civil procedure considered the non-attachment of the documents concerning the position of the petitioner (to establish his (her) claimed position) to the petition as a deficiency of the petition therefore, office of the courts of first instance and courts of appeal warned the primary plaintiff to remove this defect, failing to do so the office had no way by to issue a writ of rejection of the petition or the initial claim. However, in the new regulations of civil procedure the courts (particularly courts of appeal) have not been obliged to review the issue and to notify the removal of the defect, consequently, this defect in the first instance prevents a court order and causes the issuance of a writ of rejection of the suit while the court of appeal too, may reject a primary order (issued in favor of the petitioner) and issue an irrevocable writ of rejection due to the non-establishment of the position of the petitioner. These decisions by the courts made without any prior notification to the petitioner to possibly remove the defect seem illogical and unfair. The present paper deals with a research on a plea of non-establishment of position and its contrast in the old and new regulations of civil procedure and finally, puts forth some suggestions for compensation of the deficiency of the new regulations of civil procedure until their eventual amendment and completion.

In view of the rapid growth of the computer technology and development in the information age and expansion of network communications, coupled with the facilitation of commission of the modern-technology-related crimes, the issue of updating and the need for legislation of laws is very imperative. Computer fraud is one of the oldest forms of computer crimes with financial aspects. Although general policies to counter various types of fraud are almost the same the existing differences in the various methods of fraud call for employing appropriate countering measures. Part of these countering methods needs establishment of the culture of using computers and awareness of individuals and organizations of the risks of the computer systems. At the same time, constant monitoring of the computer systems by organizations and adopting security policies such as physical security, personnel protection, communication protection and information protection against computer fraud are of special importance. On the other hand, the mere criminalization of a behavior is not sufficient for countering it, rather execution of the instructed sanctions vis-à-vis the criminal is also necessary, something that requires discovery of crime and chasing and detaining the criminal. However, since commission of computer crimes does not require the presence of the criminal at the scene of the crime and whereas computer crimes are extra-territorial and judicial authorities are restricted by the geographical borders, international cooperation in the area of discovery, prosecution and extradition of criminals should be emphasized.

The present research addresses an undeniable right of the wife which has been considered since the genesis of Islam, and that right is nothing but the marriage portion that the Holy Quran terms its payment to be compulsory. In this article the author discusses the point as to whether the wife’s right to the marriage portion is initiated, and if yes, what factors are involved in this initiation of the right. The answer to this question clarifies the scope of the rights of the wife and reduces many differences of outlooks of the Ulama (Islamic Scholars) toward the marriage portion. The article elaborates on the factors that initiate the right of wife to the marriage portion, whether it is a specified marriage portion, ordinary marriage portion or a marriage portion paid before consummation. In addition to the factors of the initiation of marriage portion factors of its establishment are also examined, since these factors remove the instability of possible occurrence of divorce before consummation which says that wife has the right to half of the marriage portion. The article would show that consummation sometimes initiates this right and sometimes establishes it, a right that is not obliterated even on the condition of the lack of marriage portion because the obligation concerning the possession of marriage portion arises from a legal order without any contractual root. The article finally discusses the effects of this separation, effects which stem from initiation of the right of wife to marriage portion. Scope of the wife’s authorities is also examined.