مجله مطالعات حقوق تطبیقی
سال دوم شماره 2 (پیاپی 4، پاییز و زمستان 1390)

Although the subject of a lease contract is the benefits of property, according to the gradual essence of the benefits, the delivery is also possible in a gradual manner after coming into existence. Therefore, the delivery of the benefits is under the general rule of delivery. This means that the loss and defect after the delivery is not considered as loss and defect after the handing in of and it would make an option for the rest of the benefits. In leasing of a property, on the contrary of a sale, the delivery does not terminate the debt and aborting is made gradually and loss and defect does not cause option or termination. There would be only an obligation of lessee to deliver the substitute. The legislator only obviates the general rule of actual delivery in the case of mutual delivery of the benefits.

The good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in United States: in Uniform Commercial Code (UCC), Restatement 2nd on contracts and it’s judicial precedent. Meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. Despite of resistance and academic debates in these countries about acceptance and adoption of good faith as a general principle of contract law, it faced with open-armed manner of legal scholars and jurists. Development of this jurisprudence, determination of it’s instances, applicability and effects on contracts, has some adherences and adversaries, which of them discuss about it, with a different viewpoints and their own arguments. The purpose of this paper is to delineate legal and judicial status of the topic, legal reasoning of the opinions, acceptability and practical effects of it in case law.

The necessity to protect to parliament and its members led to determine and assure a particular privilege named parliamentary immunity in the Constitutions or ordinary laws of majority of the countries. To define and justify the necessity of it, different theories have been introduced. The legal supports which observe the parliamentary immunity, can be generally studied in two categories with distinct descriptions and effects. First, is called "the principle of non-liability". Second, it supports the members of parliament against legal proceedings, arrest, imprisonment and the rest judicial measures, except by the permission and allowance of the respective parliament, because of irrelevant exercises and non - parliamentary duties and prevents the possibility of immediate prosecution of MPs because of the attributed crimes. The stand of every country of the world in relation to the various forms of parliamentary immunity is a little bit different. In some countries, one of these two forms and in others. both of them are accepted to guarantee the whole immunity of MPs. In this article, based on a comparative study, Approach to Iran and Afghanistan in the forms of parliamentary immunity has been investigated. The study results show that In Iran, Representatives are only entitled to one of the forms of parliamentary immunity. But in Afghanistan,are accepted Admission forms of parliamentary immunity on a integrative approach.

The principle of legality is a fundamental principle of criminal law within all statutory legal systems. The principle has been recognized in the Iranian legal system which has been influenced by Islamic law as well as French law especially since the beginning of the codification era. Conversely, in English law which is mainly defined by common law, recently have been taken significant steps towardsthe recognition of the principle of legality. By introducing a schematic structure of a criminal law theory, the present article explores the position of this principle and the rules driven from. Although the position of the legality principle differs in the legal systems in question, the article shows that some similarities between the rules driven from the principle can be found to be corresponding with the logic of a general language of criminal law theory.

Recently, the finished cost reduction policy-as an efficient economic policy for competitiveness of domestic products beside foreign competitors-has been paying attention by Ministry of Commerce of Iran. At the fist look, the protection of intellectual property such as innovations and inventions increases the finished cost of products; but intellectual property protection can be effective in finished cost reduction in some area. Therefore, The Iranian Committee of Cost Reduction in particular Minister of Commerce must pay attention to the role of intellectual property Laws in cost reduction and its position in Iranian legal system. Since there is not any research in this area in Persian literature, this article tries to answer these questions: 1) How is the protection of intellectual property effective on finished cost reduction? 2) Does Iranian intellectual property system have effect on FCR? This article constitutes two sections: the first section considers the role of intellectual property in finished cost reduction with comparative study and the second section surveys the mentioned matter in Iranian Law. Finally, it suggests practical solutions to legislator and executives.

Election is one of the most important fields in which democracy can be made practicable. It is a criterion of the status and the level of people participation in the modern political systems. Election is a framework and tool through which the people can contribute in forming the political bodies and appointing the officials in charge of affairs. Consequently, people can take part in the decision making, enforcement and surveillance of the territory administrative processes. In order to select the members of parliament, referring to the people votes is the matter of choice in most countries. Characteristics of the voters and the candidates are the place of difference in most countries as well as the authorities in charge of assessing the qualifications of the candidates. In the present study we are going to perform a comparative study of the electors and the candidate’s qualifications (characteristics) in Iranian and Malaysian parliament electoral system, a study that follows no previous independent study.

State compensation to crime victims means paying money by the governmental institutions to victims or his/her families, when restitution by the offender and other financial sources is accessible. In the legal system of England, Law of Criminal Damages includes all aspects of state compensation such as: conditions of eligibility related to victims, crimes, damages, perpetrators as well as procedural formalities. But in legal system of Iran it seems that state compensation to victims of crime has not been under the impact of changes in assistance oriented victimology. In criminal law of Iran, state compensation is depended on ambitious conditions such as: innocence of victim and the lack of deserve to be dead (mahdur-aldam). These conditions create many obstacles on the way of victims to be subjected of state compensation. Taking into consideration of differences in the legal, political, and economic structure of these two legal systems, it seems that the experiences of penal system of the England in the field of state compensation regulations, procedures, and practices could help in designing and implementing of national and indigenized model of state compensation in Iran. However, during last few years, the issue of victim assistance has been politicized in many developed countries and the governments could not afford the compensations which are promised in the official policies and laws.