نشریه دیدگاه های حقوق قضایی
پیاپی 71 (پاییز 1394)

Increasingly improvements in foreign commerce have promoted trading exchanges and merchants conclude different commercial contract in international level. However, they may fail in executing their financial commitment in such transactions and experience insolvency due to losses or happening different events. Therefore, international insolvency phenomenon especially a competent court to proceed with such kind of insolvency has become an important and radical issue for governments as well as legal and natural persons involved in commerce, since not only governments tend to pose their internal regulations but also there are two main systems in this regards worldwide: plurality system and unity system. Adopting and regulating identical laws on international insolvency would highly help to resolve legal problems on international commerce especially regarding the problems of insolvent creditors and settlement managers in taking a legal action and obtaining receivables from insolvent businessmen in other countries. Therefore, to establish a single procedure in international level, the United Nations Commission on International Trade Law (UNCITRAL) adopted a norm to which we address in present paper. Ultimately, one should say that to remove such challenge, global attitude should be toward synchronization of international insolvency regulations with UNCITRAL model laws. While the Model Law Principles don’t have adaptation with the law of Iran and Iranian creditor law, It is necessary to avoid of absolute quotation of this law.

Taking the accused into surveillance by police officers in witnessed crimes is one of the most important authorities of them. Certainly giving this authority to police officers, which leads to the denial of freedom of accused for movement in limited time, is based on the efforts in order to achieve principal interests as finding out the truth and reveal the fact in criminal cases as well obtaining evidence that make it possible to achieve this goal. Certainly necessities such as rapidly in collection of evidence and prevent from destruction of them, prevention accused of collusion with witnesses, potential partners or assistants, especially in the early stages of the proceedings, subject to appropriate restrictions on the rights granted to the accused. However, the need to protect the rights of individual freedom and human dignity while maintaining social interest requires defense rights to be recognized for accused. Such matters at the former Rules of Criminal Procedure was pale. According to the Code of Criminal Procedure Act of 1392, accused in order to guarantee individual rights and freedom, and the Protection of human dignity is prospering of rights of the defense including the right to remain silent, the right to counsel, the right to notice of charge. Such subject to the English law is evident and especially the Police and Criminal Evidence act (1984) contain substances that numerous assignments for the police to ensure the rights of the accused is prescribed.

Establishment of a Special Court of Press and granting the guarantees provided for in Article 168 of the Constitution of the Islamic Republic of Iran to a wide range of press and media accused, has left Unjustified complications in the course of justice and providing basic rights of individuals, and has became an source of important damage from the legal view of point. some of these damages include of unjust inequalities in judicial investigations and violation of procedural justice proceedings without exception of press and media offences provided in principle 168 of constitution (being tried openly and in the presence of a jury). Provisions of the new Code of Criminal Procedure (2014) and recently passed political crime Act (2016) regarding to the Establishment of jury in accordance with principle 168 of constitution and following the courts to the principle of openness of trials and its exceptions, can be considered as starting point for evolution of defective procedure system of media offenses which will lead to a reduction of inequalities in press court.

The results of this dissertation show that, current Islamic penal code unlike the previous one, regulates the repentance and cites its rules in Hodud and Taazirat completely and accurately. Repentance in the majority of Had crimes is recognized. In Taazirat except for a few cases, Repentance will not omit the punishments and just mitigates them. Islamic penal code, cites in some articles procedural rules relating to repentance and hence, has made clear the task of the courts. Unnecessary restrictions for accepting repentance in a few cases, are amongst criticisms to the Islamic penal code. The condition of detection of reform and penance of repentant without determining a criterion is among other criticisms of the Islamic penal code. After all as previously expected, Islamic penal code regulated the Repentance institution as a complete set, as well.

With economic globalization and technological progress, using of patents, technology transfer agreements and relationships between inventors widespread. In addition to contracts "transfer" and "license" the invention which is the most common technology transfer agreements, Stated factors led to the emergence of a new type of contract which is khown as patent pool. In this contract, The inventors participate in their inventions, to produce or supply the technology based on them. In this article we review the contractual relationship, to seek the nature, characteristics and structure, completed and put it to an end.

Preselling law of building is a specific law that is used for organizing preselling agreement of building and setting the relationship between th parties of this agreement. Legislation of this law has changer the preselling agreement of building into specified agreement which was a nonspecified agreement before approval of this rule. This law includes the articles and orders which study sanction of them are important. We can mention the articles 1 and 2 of mentioned rule. Topic, determination of the people who can make a preselling agreement and also anticipation of compulsive judgment are of main orders of mentioned articles. The aim of this paper is stadysanction breaching provisions of preselling law of building in order to present the solutions and sanctions breaching of this code.