جستجوی مقالات مرتبط با کلیدواژه « legal system of iran » در نشریات گروه « علوم انسانی »

The definition of intellectual property rights is important and vital to express the conflict of public and private interests because the clarity of the subject, goals, principles, subject matter and proof of ownership of the intellectual product and creator's ownership are on the topics that value the public and private interests in intellectual property rights. It clarifies and expresses the importance of paying attention to both and creates a suitable context for expressing the conflict of public and private interests. An important question that arises before examining the records and the time of the formation of intellectual property rights is what are the rights. Is it intellectual property? Providing a definition of intellectual property rights is necessary to identify the issue in which the conflict between public and private interests is to be examined. Because without clarifying the meaning and definition of a discussion and not identifying its topic, it is impossible to investigate and provide a solution, and if it is done in vain.

Guardianship is one of the most important institutions known to protect the rights and property of disabled people. The trustee is responsible for the compensation of the property if he is at fault in performing legal actions for the owner. Movalla_alayh, in Iranian and French law, civil liability resulting from a minor harmful act is one of the examples liability resulting from the act. It is different that the purpose of this article is to investigate the guardian’s responsibility in the legal system of Iran and France, descriptive research method. It is analytical and from the results of this research, it can be said briefly that the supervisor’s responsibility is according to the section 7 of the Civil liability law. is examined that the realization of the supervisor’s responsibility has general and specific conditions that are researched will be investigated, while French law is based on the assumption of fault, which is against the rules. It is general and parents are jointly responsible for damages caused by miner children who live with them in the same place.

The prison system in Iran is considered to be a part of sanctions that restrict or restrict freedom. Judiciary authorities use it repeatedly and irregularly due to the numerous prison-oriented laws, until now, all kinds of methods of reducing imprisonment have not been able to remove this punishment of deprivation of liberty from the circle of judges. The prison system aims to help reduce the return of prisoners and create security in society through the correct implementation of prison sentences in such a way that dangerous criminals and those who must be removed from it to protect society are reformed and those for whom prison is not their place and is due to coercion. The law is designed to prevent serious harm from being together with other criminals or staying away from family and society. Research This qualitative research has been done in a descriptive-analytical method, relying on international instruments and studying national laws and regulations in the form of documents and libraries. Findings and Therefore, in this system, special regulations regarding prisoner services, legal friendships, prisoner employment, clarifying the duration of the prisoner's presence and programs during imprisonment, and the ways to get out of it have been discussed.

Children's rights have been taken into account from different aspects, esp. in consequent of establishment of the Convention on the Rights of the Child. The present research by considering the methodology based on descriptive and focusing on normative propositions of children's rights, has been divided into three main categories: the right to provide protection, the right to participation, and then, considering the rights to ensure implementing which has been divided into two parts: the right to provide for physical rights and Provisional ones as emotional and mental rights in the Convention on the Rights of the Child and Iran's legal system. The present research deals merely with the right to provide for the child in the convention and legal system of Iran, through innovative categorizing the right to provide for physical and mental support. It is highly believed that there is no fundamental difference between these two from the physical aspect; however, from the cases of differentiation between the legal system of Iran and the Convention on the Rights of the Child, it would be specified to support the spiritual and psychological dimensions. Although the Convention deals with such cases implicitly, the Iranian legal system applys a double standard policy in this regard, i.e. about girls, clearly declared and precisely striken the point, while any other case than the above mentioned, there would seem only paying attention to general cases and some relevant examples. However, the judicial procedure aims to compensate for this by issuing related decisions and verdicts. Another example is that in the Convention on the Rights of the Child, the right to have a name is cleatly sufficient, while in the Iranian legal system, the right to have a good name is restriclty specified. Undoubtedly, in this regard, Iran's legal system is more complete than the convention and more compatible with children's rights. Also, the Convention on the Rights of the Child only emphasized the right to have a family but not mentioned the right of the child to have a legal lineage. Simultaneously, the Iranian legal system has provisionized the right of the child to have a lineage as well as to have a family which emphasized this from various aspects. According to what above said, Iran's legal system, in addition to the right to have a family, emphasizes the right of the child to have a legitimate lineage, and therefore considers superior protection beyond the convention for the child. This should not lead to the idea that a child born of illegitimate parentage does not have rights in Iran's legal system, but in these cases, the said child has all the rights of other children except the right of inheritance. The right to ensure human behavior has not been legislated positively in Iran's legal system, besides the legislator has limited himself to stating the negative aspect of the prohibition of physical and mental torture, which is necessary to be taken into consideration in future legislations.

The purpose of the present research was to investigate the effects of the decisions of the managers of commercial companies in relation to the rights of third parties in the legal systems of Iran, England and Islamic jurisprudence. Today, with the expansion of trade and industry, a great transformation has occurred in people's lives, and companies play the main role in this transformation. Since the companies have a credit aspect and not a real one, all the actions and fulfillment of the obligations of the companies are done through its executive branch, i.e. the managers of the company. Clarifying the legal position of managers in the company is very important for determining the limits of the powers of managers of commercial companies. In addition to the theoretical aspect, from a practical point of view, this leaves extensive effects not only on the company and shareholders, but also on the third parties dealing with the company. The legal position of managers in a joint-stock company has always been disputed by lawyers. The business requirements and the needs of the society led the English legislator to grant wide powers to the managers against third parties and to consider the company manager as the pillar of the company, in such a way that the company manager's actions are considered the actions of the mastermind of the company. Based on this, if a manager signs a document in the name and account of the company, the company is in any case responsible for its

Macroeconomic organized and systematic crimes such as money laundering require an organized and coordinated response to its type. The Financial Action Task Force (FATF) as the most specialized organization in this area of crime has proposed one of the ways to deal with the mentioned crimes through the components of the system of expropriation (confiscation) and also temporary measures under the recommendation of the optimal performance document (records) for confiscation as well as the guidance document of judges and prosecutors. We will examine in this study what are the fundamentals of the expanding confiscation system? What are the components and types of this expanding confiscation system from the perspective of the Financial Action Task Force? How are the components of the extended confiscation system reflected in Iran’s legal system? And what requirements must the confiscation system in Iranian law be enjoyed in accordance with the requirements of the Financial Action Task Force (FATF)’s extended confiscation system? The globalization of crime and the desperation of criminal justice system are the most important foundations for the emergence of the expanding confiscation system. The “crimes of particular origin and source (criminal lifestyle),” “legal assumptions,” “mitigating substantive proofs” and “litigation exchanging” form four components of the system of expropriation in reviewing the documents of the Financial Action Task Force. The mentioned components can be different depending on the type of confiscation. Extended confiscation (expanding confiscation) is divided into three types: criminal extended confiscation, civil extended confiscation and administrative extended confiscation. In Iran’s legal system, the “law related to dealing with the property of ministers and employees Act 1959,” “the anti-money laundering (amendment) act 2017” and the “Law of Adding Articles to the Law on How to Implement Article 49 Act 2020” which are the closest system of extended confiscation to the system of confiscation can be seen. The most important damages of the legal system governing the extended confiscation in Iran, in accordance with the standards of the FATF can include: 1) lack of prediction of administrative extended confiscation, 2) absence of the components of the crimes of particular origin and source (criminal lifestyle) and legal assumptions in the detailed criminal confiscation, 3) ambiguity in the standards of the “Principle of Equality of Arms” and 4) and ambiguity in the litigation exchanging criterion and mitigating substantive proofs. It should be noted that this research is done by descriptive-analytical method and library method is used in collecting resources.

One of the basic challenges in the legal systems of the world, including written, customary and Islamic legal systems, how to compensate moral damages. The most important challenge in the field of moral damage compensation is the method of compensation. In other words, due to the non-financial nature of the moral damage, there is no optimal and consensus method to compensate the damage. In this regard, Iran's legal system is not exempt and faces many challenges. Therefore, with the comparative demand of Iran's legal system with England, methods of compensation have been investigated and the achievements of this research include clarifying the situation; acceptance of compensation for moral damages in the legal system of Iran and England, Material and non-material methods of compensation for moral losses, The quality of moral damage compensation in the Iranian legal system is compared to the English legal system.

Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this field. One of the most important ways to realize this goal is to emphasize the arrangement of documents in notaries and offices. Considering that notary offices are one of the legal authorities in the preparation of official documents related to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without referring to the judicial courts, it plays a significant role. can perform in line with the said goal.This feature, which has been emphasized by the legislator in various legal articles and there are special regulations, requirements and procedures for the implementation of its provisions, has not been addressed as it should be in legal researches, and its emptiness is clearly evident in legal texts. Is. This research is an attempt to clarify the different angles of the implementation of official documents, in this direction, all the related legal articles and micro and macro regulations have been carefully and scientifically examined

The legal criminal policy of Iran, influenced by the researches of criminologists, sociologists and legal scholars of the last two decades and its application to the Islamic Sharia, has developed new criminal approaches in the Law on Reducing Penal Imprisonment approved in 2019, which promises to change the attitude in the practice of law. The reactions and the way of applying the legal institutions stipulated in the law are based on the principle of proportionality between the crime and the punishment, and most importantly, regulating the limits of the judge's authority in how to reduce and intensify the punishments. In terms of choosing the type and amount of punishments, in some cases, the judge is obliged to determine the punishment according to the opinion of the legislator, without the possibility of discounting, and in a way, he does not have the right to determine the punishment himself. In this case, the act of the judge is actually a kind of judicial action to determine the punishment. But in some cases, even though the committed act is one of the aggravating factors, the increase of the punishment is completely optional and in some cases, the judge is obliged to increase the punishment by an average amount between the minimum and the maximum to the maximum punishment of the crime or determine the punishment beyond The maximum legal provision is up to a quarter of itAnd if there is no minimum or maximum, if the crimes committed are not more than three crimes, the court can add up to one-sixth and if there are more than three crimes, up to one-fourth. By approving the new Islamic Penal Code, based on the policy of reducing the prison sentence with the de-incarceration approach, the legislator presented a new method of intensification, and in aggravated cases, the minimum and maximum punishments were determined, as well as the maximum legal punishment of the crime. considers; This attitude towards the concept of escalation has always been objected and disputed by jurists. In this article, the criminal procedure of aggravation is examined in different stages of proceedings based on the rule of prohibition of aggravation of punishment in the appeal stage.

One of the basic issues in criminal law is criminal liability, which has always been one of the critical concerns of any criminal justice systems in order to ensure justice and maintain order in society. With constant development of international economic transactions, criminal responsibility provided the ground for entry of some new factors in the field of criminal law. One of the most important cases was the activities of legal persons, and the crimes committed by these persons which obliged the legislators to take the necessary measure to respond the criminal offences. Although there are still many ambiguities regarding the responsibility of legal persons; but the question still remains open that which criminal justice system recognized the criminal liability of legal persons for the first time, which became the basis for the development of other criminal justice systems to further work on the criminal offences of the legal persons. Using the analytical-descriptive methodology, besides answering this question, this research will also scrutinize the evolution of regulating the criminal liability of legal persons and also how this concept was introduced to the criminal literature of Iran, Afghanistan and England? It seems that the criminalization begins with the violation of a social value. The same hypothesis is true for legal persons. i.e., it was the companies that committed crimes for their interests, and as a consequence, the legislators regulated the criminal liabilities for legal persons in order to prevent crimes and to punish the perpetrators. As the evidences indicate, certain behaviors of the legal persons are criminalized in English Penal System for the first time, later adopted by Iran and finally to Afghanistan's penal law.

The attributability of actions to states within the context of investment treaty disputes and to focus on the roles played by international and domestic laws in such attributions have caught the attention of jurists in recent years. The ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts, and particularly, article 3 points to the main outcome of this debate, where it does not consider domestic law irrelevant in internationally wrongful acts and stipulates that the issue is subject to international law and it will take into account the relevance of domestic law. Thus, although the characterization of an act of a State as internationally wrongful is an independent function of international law and such characterization is not affected by the characterization of the same act as lawful by domestic law, it does not mean that domestic law is irrelevant to such description; on the contrary, it may be related in various ways. The present article attempts to examine the challenging junction of domestic and international law with regard to the attributability of actions taken within the framework of investment treaties, specifically by state-owned and para-statal entities that exercise elements of state authority.

The alimony in the law of Iran from the teachings of the Islamic religion is the right and duty which is an important part of family relations and is subject to certain conditions regarding different proportions in the family. The institution is about couples' relationships, a serious financial support from women in the family, in the pursuit of maternity and matrimonial duties, and ultimately, the realization of social justice and it is based on the importance of strengthening the family institution in the view of Islam. Because it brings genuine justice to the law of justice. Due to the importance of this and its issues in the context of legal vacuum and research vacuum in relation to the lack of support for women and social justice, in this paper, through the study of documents and referring to Iranian laws, the comprehensive consideration of the right of marriage to alimony and the design of the vacuum available in this area. In this regard, the definition, characteristics, guarantee of implementation and the factors of the loss of alimony of the wife are mentioned in Iranian civil law and there are some gaps in this regard. Finally, the wife's alienation status is mentioned in the realization of social justice in Islamic society. The results are: 1) the non-enactment of the law to types of the woman's duties in the family, the legitimate obstacles which a woman can refrain from claiming under the covenant, the nature of the wife's right to the property she gives the husband as alimony and Procedures for Proving alimony in Courts Some of the cases are related to alimony laws in Iran. 2- Since the issue of work and income distribution is one of the most important aspects of social justice and the gender effect of natural causes is influential on the amount and manner in which income is earned in society, the “alimony” institution is one of the most important effective and affected by social justice. 3- It is necessary to amend and update the law on “alimony” in line with changes in the lifestyle and position of women in the family and the realization of two-way gender justice.

Decisions and actions of public authorities and officials can have a profound effect on the lives of people, both morally and spiritually. A matter that requires fair administrative proceedings to challenge them.If the proceedings follow a series of standards, that procedure will be fair. These standards are either general or inclusive or specific standards of procedure. The aims of this article are review and analysis of the Law of Organization and Procedure of the Administrative Justice Court in the context of the universal standards of fair hearing that are most important and fundamental and apply to all stages of administrative litigation. So, the questions of this research are: What are the general principles for fair trial? How far are these standards and regulations in the Law of Organization and Procedure of the Administrative Justice Court guaranteed? This article tries to investigate mentioned questions in descriptive- analytical method. Fair hearing, Court / tribunal independence, public hearing and effective redress are universal standards that their realization in Iran's administrative justice system requires revision of Articles 2, 10 and 12 of Law of Organization and Procedure of the Administrative Justice Court.

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion.

Humanity has always sought to create a desirable human society, in accordance with its supreme ideals and desires. In such a society, it is necessary to consider the requirements based on the legal principles, social relations based on the social contract. From this perspective, the pursuit of the rule of law can be regarded as a prerequisite for such a society.
In the light of the rule of law, individual will always enters into the decision-making system and becomes a public demand or collective will, conflicting tendencies with public opinion are a disruptive symbol of collective identity and the material and spiritual assets of people in society. Serving the perfections of individuals and society, and the political and social structures derived from the people of the nation, set these common will and aspirations the main indicator of the direction of the political system, and pursue it, the rule of law, itself, not only the common identity Identifies members of the community, but also the mutual responsibility of sovereignty and government Kidd is the responsibility of each person to other people and in the light of the right to enjoy social welfare, prosperity, welfare and social security concept is eligible. Any kind of social or political setup needs control or oversight, the methods of monitoring and controlling it in terms of supervisory status and the mode of control predicted. In this paper, we have tried to apply the four types of quasi-predicted principles Eight of the constitution of the Islamic Republic of Iran and discuss the assignments of its audience in the areas of such supervision.

The management of the judiciary since its independence has had numerous changes. These developments, in addition to the form and method of management (individual management of the Ministry of Justice, council management of the Supreme Judicial Council, centralized management of the head of the judiciary), have also affected the competencies of this position. Although based on the principle 157 of the Constitution, head of the judiciary has different responsibilities such as administrative and executive responsibility of the judiciary, but there are various disagreements and opinions about the jurisdiction of the head of the judiciary. This paper with a descriptive-analytical method and using library resources and documents examines the judicial status of the head of the judiciary in the legal system of Iran.
The will of the constitutional legislator, provisions of the Constitution, especially the concept and apparent meaning of the principle 157, ordinary laws and decisions of the Guardian Council indicate the head of the judiciary in the legal system of Iran has also judicial jurisdiction beside administrative and executive competencies. Mentioning no judicial task among the duties of the head of the judiciary in the Constitution doesn’t imply the negation of judicial jurisdiction of this authority.

Custody is one of the most influential organizations in the education and mental and physical development of children. Loan condition of child’s guardianship is one of the basic issues of custody. The aim of this study is to investigate the condition of the loan of child’s guardianship in the regulation and laws.

This study is descriptive، analytical. Type of research is basic and applied and the method of data gathering is documentation.

In the votes of jurists، the loan of child guardianship if resulted in the loss of the child and does not provide his benefits shall prevail. In other words، the presence or absence of a loan condition can not be the only criteria for determining qualification of child’s guardianship. But the absence of a loan condition take into consideration of disqualification criteria which result in child’s loss. In the legal rules of Iran there are some gaps in loan definition and some essential regulations relating to it.

With investigation and citing numerous legal sources has been proven that if the absence of loan condition of child’s guardianship results in loss of child، it will cause to disqualification of the child’s guardian. Some solutions for reform of laws and regulation based on loan condition of child’s guardianship are: Determining the limits and characteristics of moral qualification، which are used in laws and regulations related to child guardianship; Considering the criteria for eliminating loss and attract interests in determining child custody cases; Determining limits and criteria of child training and emphasized to necessity of religious qualifications about children; and determining appropriate punishments in order to protect child’s interests and eliminating his loss.