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

In the present study, the effects of managers' aggression on the subject of joint-stock companies have been investigated from the perspective of Iranian and British law. Examining the legal status of commercial company managers showed that by examining and analyzing the ideas presented, it seems that applying the theories of attorney, agency and employee is logical from some aspects. But today, the application of these views regarding the legal relationship of managers with a joint-stock company is seriously doubtful from all angles as a complete theory. Because it requires limited authority for them, which is in conflict with the requirements of business affairs in today's world. For this purpose, a new theory was presented, which was first proposed by German lawyers under the title of organic or organic theory, which is useful for full powers for company managers. And according to this theory, the managers and the company are one, and in other words, the managers themselves are considered the company, and their actions and decisions are considered the actions and decisions of the company. But in the analysis of the legal status of managers as a pillar of the company, it should be done with a legislative attitude and away from extremes. The acceptance of managers as one of the pillars of the company should not be so extreme as to equate the administration with the legal entity itself, rather, the administration is bound to the legislator's description of each of those pillars, just like the other pillars of the company. In other words, managers are only a pillar of the company's pillars in front of third parties, and there is unity between their will and the will of the legal entity, but in internal relations, their

Compulsory acquisition of real estate is a method of implementing public plans by which people's lands and properties are compulsorily purchased through administrative and legal processes; In most legal systems, the transfer of ownership and possession of lands for public use is done in exchange for compensation of the damages caused to the owners and rights holders. The purpose of this paper is to provide a legal analysis of how to determine the compensation for compulsory purchases in Iran compared to the British legal system so that the legal shortcomings of compensation and the grounds for its correction are provided. In Iran's legal system, due to the prominence of “the principle of dominion over property” in Islamic jurisprudence and the background of guaranteeing private property in civil law, the principle of securing public interests as a legal principle has not been explicitly recognized, and has not established its place in legal doctrine. This analysis, in "non-use of the title of “compulsory purchase” in the laws related to public projects, "non-exact use of the term compensation or damage in the “land Acquisition laws" as well as "no provision for compensation for the various types of damages" has been reflected. in contrast, in British law, the result of the conflict between the principle of respect for private property and the principle of providing public benefits was the recognition of the principle of fairness and equivalence in compensation, which has provided a fair and consistent legal order. While in Iran, the focus is on ownership of property and rights and payment of the property price, and compensation methods do not include various divisions

In March 2020, the outbreak of the new coronavirus (Covid-19), which was eventually declared an epidemic by the World Health Organization, changed daily life. In the case of Corona, a wide range of issues related to contract law are of particular importance. After Corona, we are faced with an unprecedented situation that has caused contractual obligations or due to closure and social distancing due to the requirement of the approvals of national institutions, to face it or its implementation is very difficult, and therefore to strengthen the legal doctrine in This emerging situation, the status of this contract should be examined and analyzed at the time of the outbreak of this epidemic.In this article, we are talking about one of the legal challenges that this event has created to the student dormitory rental contract. In this article, we intend to analyze the situation caused by the outbreak of the corona in relation to the student dormitory rental contract by examining the criteria set out in the law of the British and Iranian contracts. This paper shows that in the context of Corona, the doctrine of force majeure and hardship play an irreplaceable role and allow the risk of such a crisis to be evenly distributed among the parties to the contract.

Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessary by regulating the obligations of guardians and enforcement of them. Obligations of guardians in Iranian law include transferring part of the property, the provision of child expenses, life insurance for the child and custody and good behavior and not to commit acts leading to disqualification, which in case of violation of each one according to the relevant rules will lead to the termination of the adoption, the change of the custody order and the compensation of the damages to the adopted child. In English law, on the other hand, there is a complete adoption system, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents, which reduces the distinction between the obligations of biological and non-biological guardians. But, in recent laws, a kind of incomplete adoption under the name of ‘Special Guardianship’ with specific obligations has also been identified in this country. In English law, due to the guardian's obligations, which include alimony, care and decision-making in the affairs of the adopted child, there is a guarantee of performances such as obliging and guiding the guardian to perform legal duties and the possibility of prosecution in case of child abuse. Also, according to the judicial procedure and the emphasis of the law on the principle of the material and spiritual well-being of the child, contrary to the rule, in very special and exceptional circumstances, formal adoption can be terminated.

Dissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples in the Iranian and British legal systems. In the United Kingdom, the example of the famous GTC contracts, and in Iranian law, the example of industrial design and construction contracts (known as EPC) and non-industrial (known as design and construction) contracts have many applications in this field. We will see that the rules and effects of dissolution of the contracts mentioned in Iranian law, although much more advanced and more carefully written than its predecessor, which is the "general terms of the contract", but the government's view of contract contracts in some cases balance the contract. It has led to the interests of the employer, which will be a major obstacle to the success of the contract and the reduction of claims arising from it. Certainly, using the experiences of other legal systems, including the British legal system in this field, while laying the groundwork for understanding new aspects and lesser-known principles, can enable the domestic legislature to provide an example of a comprehensive contract that explicitly states the obligations of the parties and its effects. Be helped.

Sexual instinct is one of the most natural human instincts to regenerate the generation and God, while designing the religion of Islam, has prepared a comprehensive program named" marriage" to respond this natural human need. The Iranian legal system, based on Islamic regulations, introduces permanent marriage as the main solution to this problem, and in situations where it is not possible to achieve, it proposes temporary marriage and sets precise criteria for it. The British legal system was initially considered marriage as the main way to respond this need, but in recent decades, various entities- such as white marriage, common law marriage and cohabitation - have formed in Western societies and changed the initial direction of responding to this need. Due to the expansion of communication in the present era, the Iranian society is not been immune from the effects of these entities and has been faced some problems. The present article based on descriptive and analytical methods and by collecting library resources, with a comparative approach to Iranian and British law, explain the nature and characteristics of each of the alternative entities of permanent marriage in these two systems; The result shows that among the above institutions, temporary marriage has more advantages and can be a suitable alternative to permanent marriage when necessary.

Commercial companies are factors in the expansion and prosperity of trade and material and social welfare. Among these companies, partnerships are the most prominent and prominent type of companies and due to the unlimited liability of the partners, they are the best type of companies to protect the rights of third parties and encourage people to form such companies at the same time. Now that it brings investors and experts closer together, it allows third parties to enter into transactions with these companies with complete confidence. In English law, commercial entities are divided into two groups: companies and partnerships, and partnerships into two categories: public and limited partnerships. In a public partnership under the 1890 Act, its rules are more complementary and all partners have joint and several liability. Partnerships that are similar to the companies of individuals in Iranian law are institutions that are created jointly by several persons for business purposes and for the purpose of making a profit. They have no legal personality and individuals are jointly and severally liable for all its debts, regardless of their initial capital. . Since joint stock companies are widely used today, in this article we will examine the effects of these companies on Iranian and British law.

In the past, the provision of security was the duty of state and public authorities specially police, but in the twentieth century, we are witnessing the transition from public to private security and the emergence of new and non-governmental actors, which has been accompanied by a kind of security commodification. The emergence of mass private property, the growth technical surveillance systems, rising crime rates and insecurity, as well as the oversupply of public demand from the resources available to the state police, have welcomed private security companies, and government have realized that they can no longer be the sole security agents. In this article, with comparative analytical approach, we discuss the concept, legal foundation and manifestations of the private security industry in Iranian and British law. Findings indicate that the key elements of the private security industry in Iranian law are narrower than in British law and cases such as private detectives, the use of private experts in the investigation of crimes such as fraud are not recognized, in fact the physical security of the industry is more welcomed. In the field of prison services, detection and cyber security, government security and the exception of private security are dominated.

It is clear that the most important part of contract law science is the legal system of interpretation and the rules that govern it. Although the Iranian legal system has many structural differences with the common law system and this has caused the starting point of the contract interpretation system in these two systems to be different, but the study of practical practice shows the closeness of the principles of interpretation in these two systems. Because the purpose of the contractors is usually to conclude contracts, to implement them and to achieve the desired benefit at the time of concluding contracts; Any how, it should be noted that the implementation of contracts and benefiting from them always requires interpretation and the use of interpretive principles. In this article, by explaining the subject and applying the rules and approach of interpretation in the two legal systems of Iran and England with scattered examples in legal texts, an attempt is made to form a coherent discussion on the interpretation of contracts in these two legal systems to eliminate the existing gap. In this regard, it has also helped to fulfill the obligations. Therefore, in this article, the author tries to compare the contract interpretation approach in the Iranian legal system with the British legal system from four perspectives of interpretation based on the will of the parties, contract words, subsequent behavior of the parties and custom. And infer a more realistic basis.

By studying iran's legal system and approaching legal texts about contracts, the effect of interpreting factors such as custom, law, etc. We understand, but the dispersion and lack of focus on drugs and the mention of instances instead of the expression of the rule on the one hand and on the other hand, not paying attention to the principles and rules of interpretation accepted in different legal systems In fact, they help to remove barriers to the implementation of the contract, which strengthens the thinking that the rules and principles of interpretation should be collected in accordance with the principles governing the contracts and the general rules. About the interpretation of the contract". In Iranian law, fairness has been identified as a rule and interpreting tool in private relationships of individuals. In British law, fairness has a strong position. The principle of goodwill in Iranian law is not reflected in any legal text. In British law, the acceptance of goodwill as a principle has been met with resistance, because in the law of this country in the field of contracts, attention to the terms and phrases of the contract and the contract document is assumed that the parties have mentioned whatever they want in the contract. In cases where the contract is incomplete, implied conditions are entered into and the contract is completed.

The focus of this research is protection of non-moveable cultural heritages as an example of collective right. The comparative study of this research illuminates that United Kingdom has conferred a huge discretion to local states and non-governmental institutes in order to protect above-mentioned right, although the central government plays still a pivotal role in making essential decisions. The reason is that in United Kingdom the publicity of cultural heritage and the public participation are accepted as two main principles, governing on the protection of cultural heritages. The result is an effective system of protection. On the other side, In Iran, since the protection of non-moveable cultural heritages is tied to sovereignty, ministry of cultural heritage tourism and handicrafts is regarded as an only authorized institute. Therefore, non-governmental and local institutes play a very small role in the process of the protection. It means that Iranian system of protection suffers lack of public participation and Specialization as a result of this restriction. In this research, beside of introducing British principles of protection of non-moveable cultural heritages and its comparison with Iranians one, the author tries to introduce extend of discretion of different institutes which protect these heritages in both countries.

Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate a land that the payment of its price is made and legal formalities are observed. Under Iranian legal system, the initiation of compulsary purchase measures depends on an approved plan, required financing, the implementing the plan and public promulgation of the plan however, unlike English law, citizens are not involved in the process of approving the plans and their content and no objection mechanism to plans has been predicted before the plans are approved and finalized.Under British law, compensation is not limited to the properties lying within an urban planning scheme, but it may be obligatory in case no land has been expropriated, however, the properties be harmed due to the provision of public service or subsequent use of public installations.This article, with its analytical-descriptive methodology, seeks to explain ?? aspects of Iranian and British legal systems as regards the expropriation of lands and properties and compensation methods resulting from the limitation of private ownership.

The marriage contract is one of the contracts which has different effects. One of the effects of the marriage contract is creating the financial obligations in the couples’ relationship and also creating changes in the system of the assets ownership, the manner of managing and dividing them the marital time and at the end of the marriage. Since the system governing the Iranian law is the system for dividing of the couple assets , so the majority of women, because of the fact that they are busy in doing the housework, they deprived of having a separate income for themselves, with due regard to the men fact that men are obliged to obtain the family’s financial costs, so the wives are deprived of these rights out of the house.In this article it is cleared that Iranian Law and some of the countries have considered the dividing the assets in halves for the women to benefit the husband’s acquired assets during the period of marriage after the termination of the marriage while having the conditions. The position of the assets dividing in halves condition in Iranian Law has been considered as the stipulation in the marriage time which is executed in the judicial procedure after terminating the marriage, divorce occurrence and having the other conditions. But there isn’t a specified position for the couples’ assets dividing in halves British Law, and the courts are reluctant to execute them independently. Like Iranian Law, if it is considered as the stipulation, not only it will be executed in the judicial precedent, but also it will benefit of the special position. In British law, there isn’t assets dividing in halves condition independently, but as per the essence of maintenance and its different with Iranian law, it is said this foundation can prepare the wife supporting maintenance during divorce in the husband’s life time or after his death by predicting the continuous maintenance as the stipulation or the separate contract (opposite to Iranian Law) and also by creating the deposing maintenance. Such a foundation in British law, is considered as a similar foundation in Iranian law like the couples’ assets dividing in halves condition.

The principle of the release of defendants in criminal proceedings against theexceptional use of their temporary detention inspires significant orientations incriminal policy. This principle is also emphasized in jurisprudentialconsiderations, with exemplary cases of detention of defendants. Theimportance of these two dimensions is heightened when the legislatorrecognizes new supervisory mandates in support of defendants' release underthe 2013 Criminal Procedure Code. The developments in this law with respectto Islamic jurisprudence are in the various aspects of the provision oftemporary detention and the feasibility of adapting judicial supervision tojurisprudential considerations. In addition, the UK Criminal Law Authority, asan example of different instances of security clearances, especially in thecontext of temporary detention, makes the various aspects of the case moreprecise. According to the benchmark review, it can be seen that theseoversight arrangements sometimes with security readings and sometimesduring the investigative phase will have wide scope for expediency ofcompetent judicial authorities in criminal justice, although this jurisdictionaland jurisprudential discretion. Practical Ruling The principle of proportionalityin English law is consistent, but the particular orientation of Iranian penalpolicy to temporary detention reflects a legal and practical judicial approach.Nonetheless, resorting to surveillance, mistrust and early resort to judicialoversight in Iranian criminal law, and in line with jurisprudentialconsiderations based on the exception of temporary detention, except in casessuch as the charge of murder, do not supervise the defendants as security,Rather, it provides another guarantee of securities arrangements different fromEnglish law, rooted in security terms in securities. Therefore, it seems thatcompliance with supervisory-based security responses is in line with thejurisprudential demand and that it can be emphasized in order to increase itsuse of structural and enforcement challenges in the judicial process and merelyto temporary detention which is of a nature Punishment is not used.

Nowadays, the human society is facing big challenges as a result of development of serious contagious diseases, such as Ebola, various kinds of Hepatitis, HIV and … and it has created civil liability problems. Civil liability is one of the most important issues in private law, which is considered sanction of individual rights. This paper deals with civil liability of natural persons resulting from transmission of serious contagious diseases and liability of each of them so as to prevent from violation of the rights of victims suffering from such severe contagious diseases. For instance, if a hairdresser causes disease transmission to a healthy person due to his/ her imprudence, it indicates an element of his/ her liability. Also, if a mother refrains from pre-pregnancy vaccination and needed tests and thus causes disease transmission to her baby, it is indicative of an element of her liability. On the other hand, liability arising from contagious disease is not particular to patients who are aware of their disease, but also involves unknowing patients and the liability of unaware patients can be proven by destruction and causation rules.

 

Commitment of an act with the intent to commit an offence will not always result in a crime. Sometimes in performance stage, although with malice intention, some outer- will element the crime do not happen. In this case if the commitment is probable it will be attempting the crime and if it is impossible to commit, it is called attempting the impossible crime. In any way it is crime in English law, but under section 122 of the Islamic Punishment Act, if attempting to commit a specific offence is crime, then legal element of the impossible offence is formed. The guilty intention to commit a crime and the defendant’s mistake (unconsciousness) of the nature of means or issue is the guilty intention of impossible offence. Impossibility of commitment and offender’s positive conduct with direct relation to the offence that necessarily is the last conduct in attempts, is the physical element of this crime. In this case the acts done before last conduct is called attempting impossible offence that is not a crime. Involvement in an impossible offence will occur in four forms: perpetrator, causation, participation and accessory.

Criminal mediation as an alternative way of settling a disput may not be useful for all offences or all offenders. It depends on each country's legal system. Additionally different judical systems would not choose the same method for evocation to criminal mediation. A penal case can be evocated to the mediation by police in just primary steps, by prosecution situation, by judge or even, by executors like prison officials. Even it can be run or supervised by them. According to Iranian penal procedure law (2013) , the most possibility for evocation to criminal mediation are pardonable and discretionary crimes of degrees 6, 7 and 8 which can be suspended. Although in Iran's legal system that is affected by Islamic jurisprudence , there exist a possibility in some offences against human beings. In the UK, offences in terms of the criminal procedure code are divided into 3 categories. They are Summary offences, indictable offences, and a combination of both.There will be possibility for evocation in all 3 cases. According to the Belgian law of 22 June 2005, a mediation process can be started on the demand of persons who have a direct interest in a criminal procedure, and this is possible during the whole criminal procedure. Also mediation after trial , during sentence , is not excluded

CIF is unknown in Iranian law, although it is widely used in international trade of this country, which has made studying it inevitable. Knowing rights and obligations of parties, transfer of risk and titleand compensating damages in conclusion of contracts will help traders. Using contractual freedom, sometimesparties try to deviate from standard terms to gain more benefit or avoid more loss. This may result in including term contrary to CIF standards and unknowingly create difficulties in rights and obligations of parties and how to compensate it.This article studies CIF in British law and 2010 incoterms with a short review of Iranian law to: 1) clarify nature of CIF 2) clarifying rights and obligations of parties 3) indicate effect of terms contrary to CIF.

Contract of sale is the most important possessory contract which refers to the property transfer of an object of sale from seller to buyer. Third party claim regarding the ownership of an object of sale will undermine the effectiveness of the aforementioned rights. Regulations governing the Iranian law concerning meddle deals and defects warrantor implies that such claim will result in total cancellation of the contract of sale and the status will return to what was previously (i.e prior to conclusion of the agreement). Accordingly, it is essential to secure entire rights of the claim asserted by third party (owner), refund the original property (object of sale) to the party that possess it, and compensate for all the losses. The original buyer, however, can only request the price previously paid, expenses of judicial proceedings and the like, albeit with much less buying power and in case of ignorance that object of sale belonged to someone else. In fact, the current regulations are based on a supportive approach to the benefit of “owner”, so that rights of the original buyer are considered submissive to quality of the rights demanded by the owner; because nullification of the agreement between the dealers will hamper contractual claims of the seller against the buyer. In other words, the buyer can merely pursue the price previously paid and regain the former status. Therefore, the condition of “nullité partielle” of contract in such cases is similarly recognized in the Egyptian law that actually originates from the French version of law, based on which the contractual relationship between buyer and seller is distinguished from their relationship with the owner and its validity remains despite the nullity regarding the owner. Partial nullity (nullité partielle) can promote the supportive approach in benefit of the original bona fide buyer and become more compatible with the principles of justice and fairness.

Commercial instruments, in particular meaning, or bills are one of the most important means for business parties to enter into transactions. Such instruments are considered as a certain form of property with a great variety of uses. For example, they can be used as a means to pay or to use as a guarantee or security. But a question has always been posed:” whether such instruments can be used as security or guarantee in accordance with law”. Mortgaging the instruments which are not regarded legally to have genuine value is under question and discussion among law professionals. Some of them absolutely accept this and some not. A group of them discuss the instruments stressing on the fact that they are bearing or not. Most of the law professionals consider such instruments within the framework of mortgage contracts, and they place no difference between security/guarantee and mortgage; while, it seems that mortgage has a general and broad meaning, while mortgage is a particular example of that and is subject to civil code. Therefore, it can be said that mortgage is a security, but the contrary does not hold. This separation occurs in British law as well. Here in this paper, I deal with the legality of mortgage and security uses of bills in Iranian and British laws. General conclusion which can be drawn from my research is that bill means check and promissory note which is a certain kind of credit property of movable nature, so it is capable to be legally transferred, received, mortgaged and used as security or guarantee. Such matters have not also been accepted by British law, and there can be no difference between Iranian and British laws in this regard, although the mortgage is understood and treated differently in the two laws.