فصلنامه مطالعات حقوقی
سال ششم شماره 3 (پاییز 1393)

The question whether states can resort to force against terrorism in the territory of another state has been discussed and surveyed repeatedly. Since 1945 the governments have used force against terrorism, but they have always been criticized by the international community. Resort to force against terrorism has undergone some changes since the last 20 years. This practice according to self-defense doctrine has been justified and it can be assumed that it comprises a part in the policy of antiterrorism combats. The question of whether the Security Council is authorized to resort to force against terrorism has also been examined and in this respect, the United Nations charter has not given any concrete answer and we must interpret its provisions to find a solution. Recent research shows that over the past two decades, the United Nations Charter has been modified to the extent that it allows the resort to force against terrorism.

Competition law, as one of the branches of private law, is based on capitalism and free market theory in economy. Its main purpose is to improve economic efficiency. This article addresses the principles of competition law about commercial communication of producers and distributors. The article explains anti competitive agreements between them and the sorts, fundamentals, and effects of agreements. It also considered different thoughts of legal validity of anti competitive agreements. As a result it is safe to say the best is to analyze agreement economically, based on the situation of the parties and their market power.

Nowadays, security institutions in law of contracts collection have significant role. Because, supply of contractors financial capability in accepting the obligation is basically done by obtaining of credit from economic firms. Granting financial facilities by such enterprises is related to existence of insurance of efficiency methods to warrant paying back of debt. Insufficiency of the classical security systems has been caused to forming the new contracts law, in order to accessing simple and assured ways for quick changed economic and commercial contemporary systems, designing of security modern models attracted the consideration of legal regimes. The undeniable influence of security over financing development result in surveying of several patterns proficiency. Tow patterns, based on similar maxim, are most attractive: unification security system pattern and specialized security system pattern. The comparative study of mortgage systems evolution demonstrates that the limited and traditional secure regime stage by underlying tools of “median entities” is evolving. Also, Iranian legal system, in despite of the restrictive and preventive legal texts of security system development, practically has a process to advancement.

Some of losses is doubtful jurists and lawyers, one of them is the loss of wasting the property. In this type of loss, property of others don’t waste direct(wasting) or indirect(causation)because of other’s action; but the injured party indused to spend some of his property by himself. According to basics of imamieh jurisprodience, the ability of recoveration of this loss is possible only by “la zarar” principle if we accept that this principle proves verdict. In the iranian law, there is no doubt in the ability of recoveration of this loss, by enacting the civil liabilty law,But this regulation in some instances of loss of wasted property has not been met with enthusiasm by precedent, such as damages surplus the Dieh.

The study shows that the joint and several liabilities in business companies is contractual. The nature of this liability is stipulation in favor of third party. The history of legislation and the ideas of famous jurists in relation to effect of guarantee have created the ambiguity in the acceptance of the joint and several liabilities. Before the victory of the Islamic Revolution, the joint and several liabilities were expressed in several cases. After the victory of the Islamic Revolution, the legislator deleted some of the legal joint and several liabilities and in some cases restated it. By studying the legal joint and several liabilities, it was found that the legislator has accepted it. This acceptance shows that the contractual joint and several liabilities arent in contrast with the law and Sharia, because the objection of jurists is available in legal joint and several liabilities, too. So, business companies with contractual joint and several liabilities are justifiable in the law and jurisprudence.

Due to Iran law system is emanated from jurisprudence, fundamental of supporting privacy can be sought in Islamic law. Right on privacy in Islamic system is supported with strong fundamental such as necessity of observing human dignity and preventing normalizing and propagating badness and regulations as respecting possession of people, domination rule, and presumption of validity and principle of presumption in order to provide necessary space to develop talents of individual. In country claiming the vanguard of human rights, i.e. United State America although this right has been supported with fundamental of human right, liberalism, moral values, and limiting government intervention but this fundamental has been approximately forgotten and event of 11th September of 2001 was scene that government of this country acceptably developed violating permission of privacy by approving some rules and pretending strengthening permanent security against terrorism.