نشریه دیدگاه های حقوق قضایی
پیاپی 51-52 (پاییز و زمستان 1389)

Today, many economic and social interactions are done through legal persons and corporations. Considering the development of business and the complexities of technology and industry, their position and role in present world, make their omission or ignoring practically impossible. Accordingly, in many systems, legal persons, like natural persons, have full capacity for legal acts. However, acceptances of such capacity do not require the admission of their criminal liability. Historical developments show that special features difficulties of criminal law prevent the rapid, early or unconditional acceptance of such responsibility. On one hand, expansion of the companies’ activities, emersion of crimes consequent upon industry, environmental crimes, white collar crimes, organized crimes (especially international ones) and… demand the necessity of identification of their criminal liability, and on the other hand, the principles of criminal law are considered as obstructive elements in this regard. The subject of this article is the examination of evolution of legal systems approach, which s an introduction to theoretical arguments in the field of the reasons of each one of them in the next article.

One of the freight forwarders responsibilities in carriage contract is proper transportation of goods and its delivering to receiver. If during transportation goods get lost or damaged in appearance or hiddenly, forwarding agent is accountable for their compensation according to the respective regulations. Iranian commercial Law in article 391 and the convention concerning goods international carriage contract by roads (CMR), in which Iran has taken part, in article 30 have referred to this subject. If receiver dispenses with his right on goods inspection or accepts it on no condition, this means that the goods match their bill of lading and therefore filing a suit against freight forwarder for damages in appearance will be no longer accepted unless in cases foreseen by the law. These instances according to article 391 of commercial law are limited to deception and major offense but in the convention, they are limited to deliberate transgression of duty and major offense of forwarding agent. Subject of this article is study of the above instances and their comparison. The research’s result suggests that forwarding agent’s responsibility range in Iranian commercial law is wider than that in the convention. Because from this article it is understood that in addition to forwarding agent’s deliberate transgression and major offense, deception is added to his responsibilities; an instance on which similar regulations in the conventions has no emphasis.

In 1980 the United Nations approved a convention on the multimodal transportation whose propose was to establish an international transportation system based on different means of transportation from the origin to the destination, under unique law regime, unique person liability, and unique documentation of transportation. According to these regulations once the demanding person proves the occurrence of damage, the carrier has been assumed to be responsible to the extent which its maximum amount of the occurred damage has been specified maximum in special cases however, has not been regarded in the convention. The carrier can claim exemption from liability by presenting reasonable reasons in the cases specified in the convention.The amount of carrier responsibility is calculated based on the international momentary fund unit. Called “SDR” that is stands for “Special Drawing Rights” which is formed by the currency of various countries. The historical changes of transportation rules, different kind of system, civil liability of carrier, liability nature, liability period and liability limitations are the subject of the present paper.

Genetic research achievements are essentially different from the other intellectual beings - scientific, industrial and commercial - that their intellectual property is recognized, because the achievements in this area dealing with health and human dignity and recognizing the monopoly privileges for their owners in the form of intellectual property will cause unjustified discrimination between human beings and deprive part of them from the common heritage of human. Today, scientific achievements are considered as the components of countries scientific secrets and economic capital of natural or legal persons and hence the discussion of the possibility of the recognizing the intellectual property right on mentioned achievements and its legal form and manner is very important. Also in this field, the role of intellectual property on many scientific and technological activities is determinant and decisive and therefore a deep and urgent attention must be paid.

After passing the period of objective criminal responsibility that the main feature of it was regardless to special relation of the actor mostly mental element was the main factor of the criminal responsibility.Though the modern criminal law with considering of social reforms and some consideration recognize a criminal liability the upon it on logger reqining establish of fault.Though in this liability also conduct of the actor must in resound of sound mind and sound will that in so it is not require the establish of the fault.Though, in relation of this responsibility said that sausd the enhancing of cared standards and facility of establish some crimes lout it is criticized by some jurists that the most important of this critics has been the unjust and disregarding of the defended rights. That it is crucial.

Beside valuable and significant achievements resulted from emergence of modern technologies have provided new tools to breach others’ rights, so that recently we have witnessed formation of new types of crimes in cyber world not comparable to its traditional forms. Although the term “swindling” in its traditional meaning is not defined in Iran’s laws system before enactment of customary penal laws, cyber swindling is one of most common types of cyber financial offends. Despite similarities between offends in cyber world and traditional form of breach, the latter took place in a different environment comparing to the former. Although cyber offends may be of the same nature with their traditional counterparts and be judged based on same system of laws, there are doubts among scholars regarding the process of crime. Challenges in this way are so significant that have made legislators to think of a new way of criminology of cyber offends. This essay tries to introduced a comparative study on traditional and cyber offend based on ruling laws in Iran.

Oil and gas, as the most important natural resources, have undeniable share in the country's budget. They play a great role in energy supply. Oil industry is in charge of managing oil and gas resources. Oil and gas exploration, extraction and transportation to consumer markets require gaining and owning lands located in energy transportation route. This creates conflicts with ownership rights of individuals, organizations and bodies. Therefore, numerous laws and regulations exist for solving these problems. It occurs to mind that these numerous laws can solve all problems. But the diversity of these laws, which should be approved at different times, will create new challenges due to transposition of laws as well as differences of opinion of lawmakers.This paper wants to study the available laws in land ownership from the viewpoint of oil industry as one of the components of public rights. It aims to portray a bright perspective and offer guidelines for reaching the favorable situation through analyzing the available deficiencies and faults. Research in this area can be a great step in removing any ambiguity from the existing challenges and giving new insights into land ownership law.