پژوهشنامه حقوق اسلامی
پیاپی 36 (پاییز و زمستان 1391)

The discourse governing new public law can be traced in a way in the thought of law oriented state. According to this discourse، all of political institutions of the state should follow the legal rules. Apart from study of analytical foundations of rule of law، the present article refers to current views in this regard and the possibility of applying it to the legal system of I. R. I. Stressing on the constitution، basic foundations and principles of the Iranian constitutional law، and the basic foundations and principles of human rights، the article also studies the principles of rule of law as well as the formal and material features of law oriented state in the legal system of I. R. I. Studying different governmental systems as rival ones in terms of rule of law، the second part of the article deals with the theory of relativity of rule of law in governmental systems and the possibility of accepting it. It concludes with the point that the objections raised concerning abuse of rule of law is also found in other countries.

Using surrogacy as one of the new ways of supporting fertility in a way that the owner of the womb (surrogate mother) does not have any creational relationship (through ovum) with the child، merely raising the fetus of another couple and giving birth to it، has attracted the attention of many infertile couples in Iran. Whether the mother is one or the other of these two according to customs، law and jurisprudence has been a matter of discussion and argument among proponents of either idea. However this article has proved that in case of using surrogacy-in spite of surrogate mother’s physical relationship with the child in terms of pregnancy and child birth-، raising the child and his birth through surrogate mother can not justify a subjective legal consideration. Whether the unity of criterion in spreading hurma through breastfeeding is enough to extend the ruling of foster relationship to the object under question is a controversial topic. Although the ruling of absence of relationship is not acceptable morally and naturally، it is plausible through the methodology of principles of jurisprudence

Right to healthy environment has been recognized as one of subjects of third generation of human rights by international documents. Thus، philiosophical fundations of right to healthy environment arised from conseptions of value، utilility and need that efects of those conceptions could be find in environmental declarations for example Stockholm declaration. In the framwork of need theory and concept of sustainable devalopment، human''s need to healthy enrironment is recognized as base of right to healthy environment. in accordanse with utility theory the envirenment that has maximum of health and intrest and minimom of pain (for example pollution) for human being or animals is recognized as object of right to healthy environment but value theory explain conception of vulue as base of right to healthy enriroment in the framework of existansailism and naturalism theories and recoynized human being، animals، other creatures and earth planet as rightholders of right to healthy environment.

The alleged abuse or wastage of the trustee، you should trust him more opportunity to benefit from the fruits of Responsibility boiled and trust you، he will not Yray. To Therefore، to the trustee of the trust property is being infringed، or wastage، by denying him civil penalty of Obligation of Trust and transportation will be legitimate and justified. But what about the need to pay is contemplated that if Amin was regretful of his guilt، and victimization and on the other hand، does the former waste reduction، and again attempted to hold the trust property to the trustee، the rule can be punished for Civil she was there for him to trust you? According to law، civil law does not provide an answer to this question، and talk of iodine status among the faithful after the fault has not? In terms of jurisprudence، which Fqhayy have any pictures of this discussion، the comments are elected In a conventional classification، their views on this issue are summarized in vision is، Other collective group and not return back Ydamany are preferred. They also adopt a middle way in the back where you do not trust and believe in others return to trust you. Th apex of the fault are Been attempted in this paper، we proposed opinion analysis division delivers innovative in this area is additionally a good approach، especially in regard to force you trust، the trustee apex of the fault is present.

There is no choice but studying and discussing the nature of man and knowing him as a source and origin of humanities in its various branches. One of the topics requiring contemplation and deliberation in anthropological issues is sovereignty and its relevant theories as one of the significant components of social life. It is particularly important to investigate this topic with the aim of explaining domestic theories in this regard and studying them with an interdisciplinary approach. The principal approach in this article is study and criticism of philosophical and anthropological foundations of the principle of separation of powers in contemporary time based on the study of man from the perspective of Islam. Accordingly، an analytical paradigm of this principle and its function in the Islamic sovereignty would be presented based on the concept of government from an Islamic perspective. This can be formed after introducing a new paradigm based on redefinition of the theory of separation of powers، and on the source and origin of sovereignty according to Islamic anthropological foundations.

Nowadays the prevalence and significance of mutual transactions particularly offset contracts in an international level on the one hand and lack of adequate familiarity with such transactions in the law of Iran on the other hand have given rise to the fact that natural and legal persons are deprived of a wide range of transactions current in international trade. Studying the concept and various types of offset contracts، the present article deals with their nature and effects from the perspective of law of Iran and Shiite jurisprudence. According to these transactions، the customer supplies a product and the vender in turn promises to provide the material used in that product from the purchasing party، or generally to buy an amount of goods equivalent to the value of the sale contract from the first party. As a result، according to the way of relation of vendor’s obligations to the original contract، offset transactions are divided into two categories، direct and indirect ones. The novel idea in this research can be in framing and finding the nature، and effects of one of the most complex transactions in the field of countertrade lying in the domain of mutual sale in terms of concepts، rules and principles in Iranian legal system as well as in Shiite jurisprudence. A variety of ideas can be raised towards determining the specific nature of offset transactions in Iranian law and the Shiite jurisprudence. Hiring persons، mixed contracts، private contracts، promised sale، and the sale of unascertained goods under obligation are the frameworks subject to investigation in this regard. As to the effects of these transactions، suspension in transfer of the object of sale، delivery of the purchase money while concluding the contract، determining a contractual sanction against failure to fulfill obligations، and sale before due can be raised here. Certain points are briefly mentioned in the article while their explanations can be found in a dissertation with the same topic.

In today’s world، there is no room for doubt that foreign investment is considered as one of the most noteworthy pillars of economic and social development which its governing law has undergone massive changes during past periods. The current legal framework governing the process of foreign investment has been under far-reaching evolution. Deep exploration and substantial analysis of the said evolution will bring the fruit of enhanced vision، paving the way for providing a roadmap for future regulation of foreign investment both at national and international levels. In this context، some questions will be posed as follows; under what factors or surrounding conditions، the legal system governing the process of foreign investment has been evolved in each period? Whether development of rules in the field of foreign investment in different eras has matched the existing requirements? In current period، what is the targeted approach for the regulation of foreign investment at international level? Whether this approach can harness or remove the undesirable impacts of foreign investment? In this paper، it has been attempted to evaluate and analyze the status of regulatory evolutions of foreign investment and to explain its future trends.