نشریه تحقیقات حقوقی بین المللی
پیاپی 18 (زمستان 1391)

According to article 1 of civil liability code, the liability is based on fault, but in civil code it is not assumed as a necessary element for civil liability. However, fault is not a unique base of Iran’s law, the role of fault in civil liability is not deniable. Fault in fault-based liabilities result in tort and in restrict liability it makes a new way for injured person to claim. In liabilities that fault is supposed by legislator, a plaintiff has no need to prove the fault. In common law system, courts sometimes voted by strict liability and in some cases fault is considered as a necessary element. Additionally,whena defendant commits an inconsiderable negligence, there is an authority for judge to reduce the amount of compensation and this the way that fault effects on compensation.

A legal proceeding may be transferred from one to another for some reasons. In this transfer, plaintiff or defendant loses his/her role and whether another person replace his/her position respectively or by having the original party to the judicial process moving out, an end to the proceedings is put. In the present article the concept and types of subrogation and different possibilities of having the legal proceedings transferred that are transfer of legal proceedings by involuntary way of inheritance, by insolvency and by way of general subrogation through transferring the ownership of the property in question. In this article answering the question whether or not passing the ownership of the property concerned leads to the transfer of the legal proceedings from the former owner to the new one, transfer of legal proceedings and its effects are discussed

Third chapter of Iran Constitution ratified on 1979 refers to the “Nation’s rights”. In complementary text of former Constitution in Shah era one of the chapters referred to “Iran Nation’s rights” too. Article 570 of the Islamic Penal Code criminalizes the act of governmental authorities and officers who take away the personal freedom of the Nation against the Constitution or deprive them of their constitutional rights. In fact, this article provides penal sanction for breaching of some of nation’s rights. No doubt that the Nation’s rights are not restricted to what has been referred to in third chapter of the Constitution and also the penal sanction is not restricted to article 570. The current paper tries to consider different aspects of the case.

Because of the ease of carriage of goods and shipping cost by sea, this kind of transportation is always faced with a business interest. In recent years according to the scientific progress and the creation of new and possibly dangerous materials, this type of Materials has entered to the carriage goods by sea and the carriers has entered to a new field. Disagreements on the basis of liability on such carriers in civil law and business law and jurisprudence, have been made professional and compelling arguments. Carriage of dangerous goods, in addition to the special duties on carriers, imposed the risk on third parties. Thus the duties of those people involved in the transport of dangerous goods have a direct relation to their civic responsibilities. By fusion of basic elements of civil liability and obligations of specific dangerous cargo transport should achieve an appropriate standard of protective measure

Nowadays with the contribution of the stunning progresses in medical science, particularly scientific developments in the field of gynecology, wonderful achievements in human biology, availability of sorts of technology and techniques concerning birth and reproduction, the issue and the problem of barrenness of women and infertility of the spouses has been resolved all over the civilized world through obtaining male and female gametes and transmitting them in the form of combined or separated (embryo) with the help of medical instruments. One of the methods of treatment of barrenness in the women is insemination of the donated embryo in the uterus of such females by gynecologists. Fortunately the above mentioned issue has been dealt with in the Iran legal system through enactment of the law concerning embryo donation to infertile couples in 1382 (2003), Donation of gamete or embryo to infertile women requesting the donation of such embryos have different legal consequences such as rights and duties created for the couples receiving embryo and that they become obliged for the custodianship and upbringing of the child born from the donated embryo and his/her sustenance and alimony until he or she become mature in the framework of the law in accordance with regulations lies with the couples and other blood relatives receiving embryo. Further to the above, other juridical relations will be created such as the matter of affinity and blood relationship, guardianship, prohibition of marriage and inheritance between the child born from embryo donation and the receiving couples and their blood relatives. According to the law the baby born through such embryo donation is considered as the child of the couple and therefore he/she must commonly be obedient to them and respect them as his/her parents and after becoming mature and meeting the criteria of financial ability pay their alimony in accordance with the regulations for alimony of kinships which is described in the article

United Nations Convention against Corruption as the first valid and sanction able international document in the field of preventing corruption, is regarded as a long step towards achieving fundamental human rights and liberties. The rights and principles which are emphasized in the text of convention, involve the ideals of all human rights advocates and the sage who are aware of unfavorable results of corruption on several dimensions of human life. The Constitution of Islamic Republic of Iran, as a superior document of domestic law, also contains principles for tackling or preventing corruption. Although the Constitution does not directly involve the matter and does not contain specified principles as to that, but in all of its fourteen chapters, enacts principles regarding rights of all individuals of nation with the aim of guaranteeing the fundaments of society by preparing sanctions for several liberties, relying on known legal canons. This shows the concern of legislator for preventing corruption and its lucidity as to the importance of creating an impeccable governmental system. Both of the documents undoubtedly contain , policies and solutions which studies of this kind could prepare optimized grounds for considering their content and finally exercising them.