نشریه قضاوت
پیاپی 86 (تابستان 1395)

The right of lien means the right to refuse by one of the parties from the performance of contract by relying on refusing the other party from performance of the obligation. This right has been accepted in relation to several special contracts. It has not been made clear by Iranian Civil Code if this right may be extended to other cases not specoifed by this law. Some lawyers and Islamic jurists regard this right as an exception. In this article, well show the lien is a general rule. It is the right of each party in every synallagmatic contract. This right is based on reciprocity of the contractual obligations and interconnection of the reciprocal obligations. This paper is based on a comparative study: Shiite jurisprudence, German law, French law and Common law.

Intellectual property law is a branch of law that, in spite of its independence, has a close relation with other branches of law. Property law, contract law and civil liability law are some traditional branches of private law that in respect of intellectual property law have special discussions. Infringement of intellectual property rights and its consequences are studied in the light of civil liability law rules. Infringement of intellectual property rights may be happen internally or internationally. In the case of international infringement one of the most important matters that may be discussed is the conflict of laws between two or more laws and necessity of determination of applicable law. In this respect two approaches is available: In accordance with the first approach, infringement of intellectual property rights is a wrong that led to civil liability ant then the law of the place of wrong act is applicable. In accordance with the second approach, the intellectual property has some characteristics that from several aspects affects choice of law process. Internal aspect, international aspect and territoriality are three dimensions of intellectual property rights that make it clear for us that territoriality aspect led to a different conflict of laws rule from traditional one. In the other word, the territoriality requires to choose law of place of protection to govern infringement of intellectual property right amongst several laws like law of place of court and law of place of wrong.

One of the most heinous offences if acid spraying on the persons. It may be committed for different motives. This action has been criminalized by the bill regarding acid sprayibg of 1961. With regard to abrogation of the mentioned law, some believe that Islamic Punishment Law abrogated the legal bill of acid spraying, but some believe that this law is still enforceable because it is a special legislation. The offence of acid spraying may have different punishments like Qisas (blood vengeance), Dia (blood money), Tazir (discretionary punishment awarded by judge) and punishment for corruption on earth, but according to Islamic Punishment Law ratified in 2013, it can not be put under the title of insolence or banditry. For attempt of this offence the legal bill of acid spraying should be considered. Along with criminalization of this action, some preventive measures and arrangements like enacting and social prevention must be implemented which according to the published statistics our country seems to have an undesirable condition in this regard.

Crime is a social phenomenon that have been constantly existed during the human history. After the shaping of societies and human communities, the ruling powers have set rules in the frame of law to secure similar values protect the discipline, and to continue their existence. It should be mentioned that setting rules has always been faced with prone and cons. This means that some people find their benefits in obeying the rules and others in breaking them. Breaking these rules is sometimes called "the crime". The commission of crime has a process which is caused, completed and practically developed by different factors and motivations in a way which can be said for each crime, there is a motivation in the debate of the effective factors of the crime commission. It also should be said that usually different factors such as personality and mental situation, the environment and the personal society, physical situation, etc. will be gathered all together to cause a particular crime. This articlle tries to describe the effect of economical factors (which are part of social public environments) on crime commision. This is why, after expressing an introduction, it will discuse about the economical opinions at first and then the effect of economical impressions and factors.

Violent crimes are behaviors usually commited by individuals or group of criminals against themselves (suicide or self-abuse) or others. Considering field investigations performed in this study, it was determined that violence is social in nature, and often occurs in interactions between people or groups of people. Violence occurs in various forms: physical, economic, political, social and cultural such as murder, hitting and hurting, terrorizing, war, threats, damaging, desecration and demeaning, insulting, obscenity and threatens individual and social security. Due to the fact that all societies today face violence, and what today’s societies are concerned with is the scope of violence, and considering that studies regarding violence and the incidence of dangerous crimes in the judicial districts in the vicinity of Tehran have not been performed (studies have mainly been concerned with domestic violence - including violence against women, children, and spouse - killing; on a national level, or specific provinces). Based on the information of this study, it can be claimed that violence has been increasing in the past few decades, especially among young people. This study maintains that by providing the means for young people’s marriages, teaching correct upbringing method to parents, correct supervision of children by their parents, implementing sound judgment, controlling anger, and providing a sound educational environment, steps can be taken toward prevention and reduction of violent crimes such as murder or fights. In this study, the concept of violent and dangerous crimes and criminals, the circumstances that help their formation, the outcome of the criminal and non-criminal measures taken, and approaches for attaining native solutions are analyzed.

The main question in this study is whether the acts and deeds of a human being are of value in itself, and can be described as good and bad by itself, despite the fact whether the shariah has any comments on it. Or the human actions are neither good nor bad, and being good or bad of an action depends on the shariah comments. Is there any agreement between the rules defined by wisdom and those defined by shariah? In brief, it can be said that as the wisdom can understands and defines if an action is being good or bad, the same it can understand that this action is defined correspondingly by the shariah and the legislator (Allah). It is because of this that the disagreement between the wisdom and the shariah is acceptable, then the mistake should be referred to the legislator (Allah) or the wisdom, which both of the statements are impossible and unacceptable. In this paper the agreement between the defined rules by wisdom (common sense) and shariah is demonstrated; and then many examples of this rule in the law were presented. In conclusion, this rule not only is applicable in the theological and ethical issues, but in law as well.

A Comparative Study of the Rule of »Tazir at the Discretion of the Judge« and its Application in Intelligence Activities
Because the Hudud crimes are limited, their punishment is precisely determined, but since the Tazir punishments, are limitless, their punishment is inaccurately determined in a general framework and delegating to the judge by legislature preserving some conditions. This paper attemptes to provide solutions - often known as personality file - in order that the criminal justice to be implemented as is possible in the proving stages, and on the other hand, Tazirat - which are based on uncertainty - does not join to Hudud - which are based on certainty. Including those guidelines are as follows: attention to the philosophy of Tazirat, criminal character, paying attention to the custom and traditions and requirements of time and place, considering people’s social dignity, observe the mitigating factors in determining the type of punishment in prison and other factors which assist us to achive the mentioned goals.