نشریه قضاوت
پیاپی 84 (زمستان 1394)

Transferred malice, a developed theory by common-law legal system, is to count deliberate such crimes that guilty has committed on someone other than who has been his purpose or intention. In these cases, according to the theory, criminal responsibility of intentional crime, lend to the guilty. In English law, there are different views about this theory. Primary supposition of English lawyers in the discourse of criminal responsibility and psychological element is that malice can not be transfer from a crime to another crime, also has led the tendency of some criminal lawyers to regard it as redundant and must be removed immediately. In contrast, the view that supports transferred malice theory, for holding an intentional offense according to this theory, provide the concept of transferred malice, that based on two elements of risk and the ability to censure in the behavior of guilty, can balance with the psychological element of crime. Islamic Penal Code of Iran in retaliation part, mainly has been codified based on opinion of jurisconsults who knows the intention tendency, subject to a certain person as intention criteria, for this reason, in Iran's law, the theory of transferred malice has not been recognized to such quality that was explained and developed in the legal system of common-law, not being implemented. With approval of the Islamic Penal Code of 2013 and including one exception to the strict injustice rule, where guilty found some kind of his behavior's effect (waver of article 292), can discuss about the transferred expression and embodiment of the teachings of transferred malice theory in the legislative criminal policy of Iran.

To rescue persons in peril is one of the best acts that in addition to ethics, Islam also emphasizes too much on it. The Holy Quran and sayings of Imams are full of commands to assist each other. Shiite scholars have also considered it mainly in the form of some traditional assumptions, for example "the feeding of those who are in distress". In these hypotheses, they have purported requirements of the duty to rescue another in peril in Shiite jurisprudence. The opinion of most jurisconsults is that saving the lives of others in peril is obligatory. However, most of them have not indicated to the remedies of failing to rescue. In the meantime, some contemporary jurists refused the criminal responsibility, while few of them believed in civil responsibility. This article will survey the opinions of Shia' scholars about responsibilities for failing to rescue another in peril. Furthermore, the Islamic Penal Code of 2013 will be studied from this perspective.

Outer space is a kind of space which begins with the last point of the upper airspace of territory of any country and consists of moon and other celestial bodies. The law of outer space is also consisted of laws on exploring and exploiting this space which begins to develop and improve since the first launching satellite into space in 1957 by men . One of the important principles of international law which emerge in the form of jus conges is the rule, which prohibits the use of force by states. Based on this rule, states are forbidden to use force in their relations. One of the manifestations of origin of relations between states might be in the outer space. Hence, this matter is considered that whether this rule is governing or not in the context of outer space. And if it’s applicable, is it encountered with any exception such as the one in earth? With investigating the legal regime of outer space, it need to be mentioned that also in the field of outer space like the earth, this jus conges is applicable and encountered with exceptions such as self-defense and collective action by security council too.

A universal bank participates in many kinds of banking activities and is both of commercial bank and an investment bank as well as providing other financial services such as insurance. The development of universal banks arisen from economic crisis or centralization and reducing formalities in financial services industry. These are also called full-service financial firms, although there can also be full-service investment banks which provide wealth and asset management, trading, underwriting, researching as well as financial advisory. A universal bank is a financial service conglomerate combining retail, wholesale and investment banking services under one roof and reaping synergies between them. The notion is that they would benefit from economies of scale in information technology and access to capital to serve companies and retail customers around the world. In Iran, there are many challenges and legal problems in front of development of universal banking. In this paper we are discussing legal aspects of universal banking from a comparative perspective. After all we prepare legal solutions which are consistant with facts and structures of Iranian economy.

This article studies the purposive interpretation. This approach that could be used in interpretation of legal texts is rooted in common law. That is why the English law refer to it more than others. On this basis, judge's duty is to discover purposes and values behind the enacted rules. This approach was created in contrast of literal approach and in comparison with literal approach has some preferences like flexibility and mobility and is more comprehensive and more persuasive. In legal interpretation and for discovering legislature intent, we can use two criteria: objective and subjective. In the cases that we cant discover legislature's intent by subjective inquiry, we can suppose that legislature is a rational and wise man and general goals of legal system can be relegated to him. After a Descriptive-analytical study, Weve come to the conclusion that justice and fairness require that our legal systems move to this approach from present literal approach.

There is no unified judicial precedent regarding the unpayable cheques; however, the normal practice and legal opinion is of the belief that, so far as such cheques lack any of the conditions stipulated in article 13 of the Law on Cheques, all such cheques will be considered as criminal and will therefore be covered by the sanctions entailed in article 7 of the said Law. Such cheques, if without funds, will be covered by article 7; but if having sufficient funds, will be not be covered by the sanctions of the former group. The exceptional cases have been enumerated in particular rules such as nonpayment of a cheque pursuant to a non-payment order, which, according to article 14 will be covered by the sanctions on cheques without funds. It is of course to be noted that this penalty is not specific to the drawer but will cover any bearer; in other cases, where a cheque is not paid because of other reasons such as content discrepancies including non-consistency of signatures, etc., will not be covered by the penalties stipulated in article 7; although it is possible to pursue the drawer based on other accusations such as fraud or unjust enrichment.

Family policy as a key word in unifying an array of areas in policy making and social service is the center of public debate. One may define it as a set of rules regarding family which is regulated to protect the socially desirable behaviours. This concept provides us with holistic point of view, which support us to achive good social conditions pertain to family relations. Germany, due to specific social and historical conditions, especially experience of contradictory policies in West Germany and East Germany, can be taken as the best illustration to show us the influence of different policies on society. After Word War II, with dominance of conservative thoughts and parties, supporting of traditional form of family by child benefit, was the core of attention. But, nowadays, three main purposes i.e increasing of population, actualizing of potiontial talents of children as social assets and taking family-friendly labor law play a crucial role in policy making.