جستجوی مقالات مرتبط با کلیدواژه « Exceptions » در نشریات گروه « علوم سیاسی »

The principle that objections cannot be cited is one of the important issues in commercial law. In all contracts and documents, there are provisions to prevent harm to the parties, the principle of consent of the parties, eligibility, correctness of the contract, whether the contract is necessary or permissible, etc. are among the principles that have been established to improve relations and determine the rights and duties of the parties. It is possible that the principle of inadmissibility of defects in commercial documents may cause the rights and harm to one of the parties to be ignored; for this reason, exceptions have been introduced concerning this principle. These exceptions do not affect the abstract description of the document and do not harm it; however, they can limit the extent of the implementation of the principle to some extent; various opinions have been expressed in this regard. In this research, a descriptive and analytical method has been used. It was concluded that the original exceptions were established in order to protect and prevent harm to the parties, and these exceptions include reluctance, incompetence, objections between immediate parties, holders with bad faith, formal and substantive objections to the document, objections to the criminal acquisition of the document, etc.

Equality and equality in all matters, including legal matters, will be crystallized in the equal observance of the rights of the parties in criminal law and in respect of their rights in criminal proceedings. But looking at criminal law, we come across some legal materials and principles that suggest that the principle of criminal equality sometimes has exceptions. Therefore, in this research, the exceptions to the principle of criminal equality in Iranian criminal law have been studied by analytical-descriptive method. What is the requirement of the principle of equality of persons in criminal law? The requirement of the principle of criminal equality is that the rights of all individuals be respected equally. Of course, this does not mean that some principles governing the religion of the country are ignored. The result of this research is that by examining the criminal laws of Iran, it is clear that this principle has exceptions regarding the special position of Muslims in relation to other followers of religions. In the case of non-Muslim adultery with a Muslim woman, the perpetrator will be executed if he is a non-Muslim. Of course, since the Islamic Penal Code has a jurisprudential basis, so the reason for such rulings to maintain the authority of Muslims, non-domination of infidels over Muslims, etc. are among the most important of these factors. The issue of personality and status of individuals is one of the cases in which the principle of criminal equality seems to have been neglected in these cases.