جستجوی مقالات مرتبط با کلیدواژه "basics" در نشریات گروه "فقه و حقوق"

Ethics in interaction with law as a normative system overseeing behavior and social relations, controls humans in their individual and social life within the framework of reason and logic. Compensation for damages is one of the most important issues in the field of civil liability, and the method and quality of compensation has important personal and social effects and the discussion of moral foundations in the method of compensation strengthens the general acceptance and the perspective of realizing social justice. the approach of playing the role of the cause of damage in compensating all types of damage (material, spiritual, physical) with the acceptance and satisfaction of the victim is a secondary agreement in choosing the method and quality of objective compensation that replaces the primary damage. and by examining and conforming it to moral principles such as justice, fairness, goodwill and negation of difficulty and embarrassment, it is preferable and superior to any method and quality of compensation, including monetary method which is studied in the present research with a descriptive-analytical method of moral foundations, with a comparative view of French and English law. the compliance of this approach with the aforementioned ethical principles is as follows with the description of the information and nobles of the perpetrator of the loss and the victim on the amount of damage and the proportional compensation method, on the one hand, all the damages caused to the victim will be compensated. on the other hand, according to the condition of the person causing the loss and the facilities of the person causing the loss, the mentioned difficulty and embarrassment will be avoided.

Today, social networks have become means of communication and interaction of human societies, and their number and members are increasing every day. However, these facilities have made today's human more capable than the past. With the increasing progress of science and technology, different societies in the transition from a traditional society to an advanced society, in addition to maintaining many social harms that already existed, face new crimes that are not given to them due to their lack of history and background in human societies. They say emerging social harms. Emerging crimes are crimes related to the new technology of social networks, which are caused by the use of these networks, including Instagram, Telegram, which can be mentioned as phishing, farming, internet gambling, and internet fraud. The newness of these crimes implies that some of these crimes have not been criminalized in Iran's legislation. The main purpose of this research is to discuss the criteria and the basis of criminalization of emerging crimes in social networks, which has reached these achievements with the descriptive-analytical research method, that the possibility of criminalizing emerging crimes has two views. The first point of view is based on the opposition of the criminalization of these crimes based on the individual's absolute discretion in using social networks, which is not acceptable with the needs of today's society. However, the second point of view has been criminalized, new crimes of social networks according to principles such as the principle of harmlessness, expediency, etc., and the second point of view is acceptable considering the consequences of these crimes.

The statement of the second step of the revolution is one of the most excellent topics, which is necessary to study to understand the Islamic revolution. This statement deals with the past forty years of the revolution, interprets its strengths and weaknesses, pays attention to the future of the revolution, and states its basic steps in the second phase of the revolution. Introducing the nature of the Islamic revolution and preserving it while designing the next steps is one of the most important responsibilities that the wise leader of the revolution felt on his shoulders and rose to fulfill. The noteworthy point in this statement is the existence of a civilizational approach in its recommendations. Considering the importance of the future of the revolution and the necessity of examining this statement, the present study tries to extract the jurisprudential foundations of the statement and reveal its civilizational approach and explain it according to the importance of science and research among the seven recommendations of the statement. The evaluation results in this research show that firstly, the civilizational approach has clearly played a role in the spirit of the statement; Secondly, from the point of view of civilized jurisprudence, science and research and its multiplicity are obligatory; Thirdly, the necessity of science and research is inferred from verse 60 of Surah Mubarakah Anfal with four methods of application, necessity, legal purpose and appropriateness of the ruling and subject

The Nafaqah financial system is one of the effects of marriage and one of the fixed rights of the wife and is one of the responsibilities of the husband in Islamic jurisprudence. All Islamic sects agree on the need to pay alimony to the wife; yet they are not unanimous on the basis of proving the cause, and marriage contract, imprisonment, tamkin, obligation by contract and establishment by tamkin, tamkin and ehtebas, dukhul of an adult husband or summoning of the husband to conduct dukhul (of course, if the conditions are met) and the right of headship and guardianship over one’s family have been introduced as the principles and causes of rendering Nafaqah to the wife. Using a descriptive-analytical method and adopting a comparative approach between different Islamic sects, the present study investigates the views of jurists. The result of induction and investigating the above views is the acceptance of the theory of Tamkin as the basis for proving Nafaqah of the wife; as all of other views are in harmony with the purposes of Sharia, and the purpose of marriage is the general mission of the family foundation.

One of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants.

Betrayal of the property entrusted to the detriment of the owner or possessor, which is realized in the form of one of the four behaviors of use, appropriation, loss or loss, is called betrayal of the trust. In common property, according to the definition of civil law and the recognition of jurists, the partner or partners are partners in all components of property. Considering that "being another" must be established in crimes against property; The realization of the crime of betrayal of trust in common property has been questioned and has led to disagreements between lawyers on the other hand and the source of procedural differences in the courts. This doubt is exacerbated when the legislator has provided for the commission of the crime of theft in common property in Article 277 of the Islamic Penal Code. In addition, in the case of destruction, the vote of unity of procedure 10 - 1355/7/21 recognizes the realization of this crime in the common property . To this end, we decided to use a descriptive analytical method and using library resources. Also, by looking at the judicial opinions, we should look for a basis so that we can end the disputes and fragmentation of opinions in this regard and the principles; It is the protection of the victim; Maintaining public order; Criminal protection of individual property; We found fairness and justice and lack of special characteristics in the destruction and theft and the crime of betrayal of trust in the common property.

Today's world, which can rightly be called the world of scientific progress and development, is growing and expanding at an unimaginable speed. This expansion is not only in the technical and experimental sciences, but also in the humanities. One of the results of this amazing growth and development of human sciences and knowledge is the multiplicity of scientific writings and writings that are presented to human society by thinkers and scientists. In a way, it can be said that our age is an era in which writing and writing are created more than any other period. Due to the growth of knowledge, these writings go beyond the scope of the author and author environment and are spread and spread throughout the universe. In order to support the translator's valuable and arduous efforts to return the work or book, legal systems and governments have long enacted measures and laws to stop the looting of translators' efforts by profiteers. On the other hand, to encourage and support this important group that is the mediator of the transmission of human knowledge. In this research, we intend to examine the rights of translators with the focus on the book "Fundamentals and rules of the translation industry".

Committing crimes against humanity by Khmer Rouge, occurred from 17 April 1975 to 6 January 1979, based on the most accurate statistics, took nearly one million and seven hundred thousand victims of Cambodian people. This leads to the formation of a hybrid court that can be considered as an internationalized court. Formation of such a court with respect to legal basics, particularly international criminal law raises some issues. The study of the basics and challenges of extraordinary Cambodian Court requires studying its historical context. Giving historical and legal context, with regard to basics of international criminal law, the Court faces with challenges that face it to some questions with regard to expenditure high cost to formation the court. Furthermore, after nearly three decades of committing the crimes, the Court was set up and practically began to investigate and prosecute in 2007. Undoubtedly, one of the Guiding Principles of Criminal Procedure is trial in a reasonable time and without unnecessary delay. Otherwise, after a long time, proof of the crimes will be difficult. During the court proceedings, some of the main suspects died. With regard to this issue, the purpose of establishing this court Üthe trial of Khmer Rouge leadersÜ are faced with major problems. Therefore, with regard to historical and legal context of establishing extraordinary Cambodian Court, we will examine its basics and challenges.