جستجوی مقالات مرتبط با کلیدواژه « judgmental procedure » در نشریات گروه « فقه و حقوق »

The term "Public service officers" is mentioned in several examples of economic crimes in criminal laws, but its meaning and examples have been ambiguous due to the repeal of the law on the trial and punishment of public service officers. Although according to the unanimous decision number 798 of the General Board of the Supreme Court, the employees of private banks are examples of public service officers and the subject of the crime of Article 598 of the Penal Code, the said decision cannot explain the concept and examples of public service officers and its effects have added to the ambiguity of the issue. To respond to the evolution of the concept and examples of public service officers, this article along with the pathology of judgmental procedure, the transformation of the scope and examples of public service officers after the issuance of the unanimous decision, and finally the solution to the legal refinement of this ambiguity, through approval The new single article is proposed, to solve the mentioned challenge.

In online communication, emojis are widely used and are often considered as beautiful and exciting additions to the original text. Emojis are now referred to as the "language of the online age" and "the fastest growing language in the world." In digital text messaging, it is possible to convey humor, emotion and sociality through emojis. However, the question is that in addition to the role of text beautification and transmission of emotions, is it possible to commit a crime by sending emojis? What are the challenges faced by jurisprudence in dealing with emojis as evidence? Therefore, the present article first examines the role of emojis in crimes such as intimidation and insults by recognizing different judicial examples of criminal cases and emoji-related proceedings, and then the challenges facing acceptance. Emoji evidence is evaluated in criminal proceedings.Findings show that criminal activities can be committed under the guise of emotional emoji function and their role in facilitating trust for a criminal purpose, and in particular crimes such as threatening, insulting or sexually abusing children, can be sent through Emojis occur. However, Criminal Courts In interpreting emojis and evaluating them as evidence,They face challenges such as poor expression and implication of emojis in criminal proceedings, change of platform, cultural differences in the interpretation of emojis, and instability of the psychological element in emoji-based crimes After getting acquainted with the challenges in emoji-based criminal proceedings, it has been tried to introduce solutions to these challenges in order to resolve the problems and create a unified judicial procedure.

In this article, the conditions of moral damages in the case of legal entities have been carefully considered. Perhaps the conditions for claiming moral damage can be considered the same as the conditions for compensation for material damage, but the criteria and rules for distinguishing the two are completely different. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Currently, in almost all the legal systems of the world, the fault of the injured party does not remove the responsibility of the cause of damage and does not cause the complete exclusion of the injured party from receiving damages, but it causes the reduction of the responsibility of the cause of damage, depending on the case. In the legal systems of Iran and England, the possibility of claiming moral damages from legal entities has been recognized. Therefore, in the field of moral damages, it should be acknowledged that in the past, in the Roman law and the old common law system, and accordingly in England, which is influenced by the common law, The fault of the victim or his involvement in the loss caused him to be disqualified from claiming damages.

"Nahleh" is one of the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

Hire contract is an agreement that there is disagreement over the nature of lease contracts. This disagreement over the judicial procedures of the Islami Engelab Courts is most evident when it comes to protest by leasing companies about confiscating cars for the carriage of drugs by tenants or other persons. So that some courts consider the nature of the contract to be leased according to the text of the contract or laws. Others regard the intention of the parties as well as the ownership of the tenant on the vehicle, the nature of which has been considered selling. Others, without entering into the discussion of the nature of these contracts, have merely considered specific issues and have commented on it. However, given the different legal principles and the various laws that exist in this field and in all cases distinguishing the contract from the sale of installments, and also in accordance with the principle of the release of contracts, the acceptance of the nature of the lease of this contract more adaptation with the law and the contract.

In the current situation of the country, economic issues and problems have gained high priority.Solving these problems should be pursued through the country's development programs.These programs must be drafted and approved in the form of 5-year laws. Draft of development plans is mainly done by individuals and institutions with economic and social expertise in the country.Usually, the legal and judicial aspects are not taken seriously in the development in the national development plans, and at most a chapter or a few articles of the National Development plan Act are dedicated to "legal and judicial affairs". While many "develop builder indicators" or "measuring developments" have a completely legal and judicial nature or function.For example, "protection of individual liberties" or "property rights" or "rule of law" and the like are significant indicators that are embodied in all national development plan or have an impact on them.These indicators are improved and promoted when the necessary legal enforcement mechanisms are foreseen. Handling more than 5 million unique cases and nearly 15 million cases that have usually been closed by issuance of a single judicial decision shows the existence of an enormous potencial for the impact of legal and judicial indicators in national development.Therefore, the role and the function of the judicial decision in realization of the developmental programs of the country, requires proper attention which will be referred to in here.

"Nahleh" is one of  the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

In this article the procedural unity verdict  no 708 of  Supreme Court general board, after paying installments the dowry is examined and recognizes the wife's imprisonment right based on legal& jurisprudential criteria, specially the principle of family security and the nature of  marriage. As we know the consequences of family are not limited to parties and family members and the success, failure and instability of the family, have the direct effect on society and even on next generations. So that, the tenth Article of the Constitution of Islamic republic of Iran describes the family as the foundation of Islamic society, but apparently- despite this insignificant- some judicial decisions- such as the above verdict don’t support the family as a fundamental unit, and even those decisions along with other factors, sometimes would be an obstacle for family durability. This article with descriptive-analytic method is proved that this verdict is not compatible to legal& jurisprudential criteria in terms of not paying attention to the role of the Supreme Court, the situation of dowry in marriage contract, the real description of this subject, and specially lack of attention to husband's inability to pay the dowry (insolvency) and the sentence of paying installments the dowry and due to its negative consequences in preventing the marriage should be reconsidered.

Abstract Research The present study, with the aim of explaining consensual divorce, tries to find out how this type of divorce is performed, legal weaknesses and the reasons for divorce applicants' desire for such a divorce. It also seeks to examine the validity and manner of divorce in France by examining French law. Research Using the contents of the law, the library method was used to extract legal inadequacies and weaknesses in this case. The findings indicate that there is no clear definition of consensual divorce and its nature, increasing statistics of consensual divorce, legal problems in the certificate of impossibility of compromise, and lack of executive guarantees and adequate supervision for some provisions of consensual divorce. Also, in French law, there is no precise definition of consensual divorce and this title has been included in the civil law of this country only due to the needs of the society. If a comprehensive and complete definition of consensual divorce is provided by the legislature and laws and regulations are passed in favor of women who intend to consensual divorce, the instances of hardship will be determined correctly and transparently and in accordance with the above cases for permitting divorce. With the current situation in the society, adding other cases, or creating a solution to expedite and facilitate the proof of these cases, will all cause the couples who are seeking divorce to enjoy complete security.