نشریه قضاوت
پیاپی 81 (بهار 1394)

Good faith is originally a moral concept which has entered into the arena of law and despite this fact that it is apprehensible, it hasn’t similar and pervasive definitions. Thus, for this reason, some systems of law didn’t pay attention to it. In the international arena, as regards with the effort of countries with the system of «civil law», Good faith has been entered into international law and trade documents. Acception of this rule in the Iran’s civil law has been doubted by some lawyers. In this article we are about to conclude that whether this rule has been accepted in Iran’s jurisprudence and statutes?

The objective of this paper is related to the goals of civil justice to find out how these goals are different among national legal systems in terms of their political ideologies. While political system of a country is liberal, civil procedure will obtain dispute-resolution nature to solve the conflicts between individuals. But, in non-liberal civil justice, common to the most of communist countries, the goals of procedure might be defined, not as conflict-solving instrument, as implementation of social goals, functions and policies.

From the perspective of criminal law history in Iran, whether before Islam that people resided in the vast and glorious land of Persian Empire were Unitarian, unlike some of that era’s civilizations, or after the Islam that people of this sacred land accepted Islam, the greatest divine religion, bribing and taking bribe always was considered as a viciously, evil and crime, and the violators had been faced with the most serious criminal reaction, so that, in addition to imprisonment and confiscation of property, in some cases, by the execution of venal person, the society has been cleared of his foul existence. In the ancient Iran, in many cases, the king has trailed the venal person out in public and issued the execution command, that this shows the sensitivity of kings of that era in deal with the criminal bribe phenomenon.

Civil liability Pre-contract is concerned to a situation that an valid contract has not been formed between parties while a party claimed that has been suffered from pre contractual negotiations and relations. Any explicit rule doesnt provide a remedy for these losses in Iranian law and in the other side the principle of autonomy requires freedom of parties fully to leave the pre contractual negotiations so that no contract can be formed and such an authorized action can not lead to civil liability. However study of some developed legal systems lead us to result that in some cases that failure to reach a such contract is because of fault of one party, losses can be recovered based on the article 1 of Iranian civil liability act.

representation in family property since the peace of mind and financial security are the spouses is of great importance. In this article, expressing a variety of financial relationships between couples that is: (a) male guardianship over women (b) Share of assets (c) segregation of assets and statutory rights jurisprudence that the full decoupling of assets independent of each woman and man by stating that women, like men, their property rule and can do any kind of capture that wants to own property. The couple owned the property before marriage had they maintain (unlike the regime of full subscription) and on the property, each of them gain after marriage is the same. And in the end, the family institution, as a legal entity has been paid.

Criminal judgements quite like other Sharia-based judgements are subject to interests and corruptions. Without any doubt the most rudimentary benchmark in government-oriented criminal judgements is »the Rule of Expediency« that in itself is affected by different factors. The rule of expediency like other rules (the rule of negation of hardship) in the state of obtrusion dominates the reasons of preliminary orders. In this brief study we are going to explain the jurisdiction of this rule in criminal judgements, and direct the issue of applied role and impact of the expediency in the alteration of criminal laws which are of religious nature (from legislative view point), and also address the stay or alteration of the enforcement method of some criminal judgements, particularly Hudud.