جستجوی مقالات مرتبط با کلیدواژه « procedural law » در نشریات گروه « فقه و حقوق »

One of the essential objectives of international arbitration is to obtain fair and neutral procedures without being bound by the formalities and technicalities of procedural rules applicable in national courts. This aim is affirmed by articles 18 and 19 of Iran International Commercial Arbitration Act, approved in 1376, and sections 33 and 34 of England Arbitration 1996 Act. In such a private dispute resolution mechanism, the parties’ autonomy is significantly accepted in the law governing the rules of arbitral proceedings. Furthermore, by considering the two basic principles (parties’ rights must be heard and treated equally), arbitrators have a wide range of initiative in determining the rules of proceedings. Therefore, the idea of neutrality of the arbitral seat is considerable and acceptable in the arbitral proceedings. Yet, the question that arises is to what extent the neutrality of the arbitral seat is acceptable in evidence. According to the international arbitration acts reviewed in this essay, the procedural flexibility, namely, the neutrality of the seat of arbitration is allowed to the extent that it does not contradict with the fundamental requirements of evidence.

An introduction of general principles of procedural law; "a comparative attitude towards methodology of conceptualizing a general theory"
The procedural law has been recently developed and conceptualized as an autonomous branch of law beside other branches. Given this autonomy, the procedural law shifted the classical narrow perception of procedure as techniques and formalities of proceeding to a deep analytical argumentation elaborating the substantive principles to govern the proceeding and make distinction between mere formalities therefrom. The core theoretical concept here is how to find the basic principles susceptible to apply on all kind of procedures i.e. civil procedure, criminal procedure, administrative procedure, etc. The question immediately may arise after reading this article will be if there are a procedural law Jus Cogens.

The fundamental rights of citizens have to receive proper guarantee. The sovereign bodies must pay full respect to these rights. To make sure these essentials of civil society, one may claim that regard has to be had to establishment of a mechanism of due process. Due process here is to be read as a comprehensive system to confer a reliable assurance to the society members of being respected as to their fundamental rights. To this end, the desirable due process has to have some basic characteristics. In other words, the main features of due process are linked to the concept of "citizens' procedural rights" as the counterpart of "citizens' substantive rights". In this article, I have tried to introduce the essential features of due process to the extent that are compatible with any legal system regardless of structural and historical background. The main aim is to introduce due process as a proper mechanism of access to justice. Let us think for a while about 'justice as procedure' beside the concept of 'justice as substance'.

One of the necessary elements for committing a crime is the spiritual element, ie the perpetrator's mental interactions, which have components such as knowledge of the sentence and the subject; General malice and specific malice; And motivation. Motivation, which is sometimes interpreted as the cause, is the internal factors such as jealousy, love, revenge, hedonism, fame, justice, etc., which is the ultimate goal of committing a crime and the perpetrator to commit The crime drives. In fact, it can be said that motivation is the cause of moving and doing work.

This descriptive-analytical method uses library resources to examine the criminal teachings on the motivation to commit a criminal responsibility and punishment from the perspective of different schools.

In this study, while referring to the spiritual element and its elements, it pays special attention to motivation. Finally, by examining and relying on the opinions of criminal law scholars, it is explained that motivation has no effect on crime Specific can be considered as absolute public-private relationship. Explaining that whenever the legislature has made a specific criminal motive one of the elements of a crime, can be is considered as special malice.

One of the most important legal issues which is mentioned in rules of ICJ is Counterclaim. This issue is mentioned in rules of both permanent international court of justice and ICJ and now is noticed in article 80 of rules. Article 80 considers two elements that if a claim enjoys them, it will be called counterclaim, these two elements are Direct connection with the subject matter of the claim and “Jurisdiction over the counterclaim. But this article does not explain the details and does not illustrate what does it mean about the conditions. Inspite of all of the reforms and reviews which is done, This general statement spawned the legal ambiguity that when and how ICJ recognizes a claim as counterclaim. Nevertheless, ICJ by it´s practice could answer to these ambiguity and established relatively complete regime for concept of counterclaim. ICJ for recognizing the first element, considers facts, common legal facts,legal aims and for the second element consider the reaction of the respondent of the counterclaim.

Upon some articles of civil procedure code (as articles 17, 84, 89 and 147)the relationbetween the actions and its effects on trial has been considered. These effects are differentin accordance to the cases and the branches of courts; related actions in the same division of the court, related actions in different divisions of the court, related actions in parallel courts and related claims in courts with different degrees. There are some questions about the effects ofthese relations. This study deals with these questions and some arguable matters in this field.

Where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) Can debtor have the right to ignore contractual liability and invoke for tortuous? Right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. Some confirm this right to choose and give the affected person right to choose the best basis in this regard and others consider this right against the partie's will.