مجله حقوقی دادگستری
پیاپی 108 (زمستان 1398)

Law and justice are closely linked, and decisions that do not conform to justice and fairness are not willingly executed, leading to resorting to all kinds of deceit to escape from it. The link between law and justice can be observed in many judicial decisions, and one of the manifestations of justice in judicial decisions is the lawsuit for damages by the plaintiff. Nowadays, in various contracts, especially commercial ones, the pledgee tries to put pressure on the pledger and to ensure that he she fulfills the pledge, sums of money are assigned to the pledge agreement as a consideration. In some cases, the pledgee, for various reasons, such as economic fluctuations or negligence and shortcomings, refuses to perform the contractual obligations (in part or in full), resulting in encountering an enormous amount of contractual loss, which sometimes exceeds the contract value. In this type of litigation, the role of judges and, in fact, the judgments are very strong and some courts consider the "principle of interpretation in the light of the whole contract", "the administration of justice and fairness as a rule" and "the illegality of the condition", deviating from Article 230 of the Civil Code and order payment of the obligation by modifying its amount or removing the above-mentioned condition and holding it in accordance with justice. In the present paper, several instances of judicial opinions are mentioned in this regard and their arguments are analyzed.

Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have remained controversial. From the point of view that the Atomic attitude towards the initiation of criminal responsibility is absolute in the girl of 9 years and in the 15-year-old boy of the whole lunar age, or that the formation of criminal responsibility and the readiness of the acceptance of punishment are gradual, Each stage of development is progressively graded, from the mild to the full scale.This is due to the author's view of the dominance of Aristotelian logic in the legislator's view that the adoption of a fuzzy view and application of this view in the discussion of the age of criminal responsibility can be categorized by criminal responsibility and the punishment of perpetrators by category. Shape their age and guide cohesion in legislator performance and judgment towards discriminatory criminal policy. By doing this research, the author is trying to investigate the feasibility and the way of applying fuzzy attitude in the age of criminal responsibility. Does this attitude contribute to the development of a child and adolescent support system and the integrity of the process? Therefore, while explaining the fuzzy attitude and the necessity of its application in different domains, its rules in the area of criminal responsibility are presented by fuzzy diagrams and fuzzy inference system, so that the necessity of applying fuzzy attitude and how to apply fuzzy calculations in drawing the relationship with age are presented. State the degree of criminal responsibility and the type of punishment and the benefits.

"Reasonableness and legality of judicial decisions" is one of the most accepted legal principles governing judicial and quasi-judicial institutions and it can be assumed a result of presumption of innocence and a precondition of justice in judicial settlement of disputes. This rule has always not only been part of Iran's Acts of procedure, but principle 78 of amendment to the Constitutionalism Constitution and principle 166 of the Islamic Republic of Iran' Constitution also have emphasized on it. Hence, it is obvious that Administrative Justice Court as a judicial institution established by the Islamic Republic of Iran's Constitution is subject to this rule.In this paper, we study the adherence of the General Board of Administrative Justice Court to this rule and discuss, in an analytical way, some cases of violation of the above rule by General Board of Administrative Justice Court in invoking legislative Acts, and it would be seen that this violation is in three forms: "defects in legal documentation and legal arguments", "failure to invoke a specific Act" and "failure to invoke specific articles of Acts". The study also reveals that two major consequences of this violation is "issuing wrong or doubtful decisions" and "adoption of regulations similar to previous revoked regulations". Hence, given that the General Board of Administrative Justice Court is the unique referee for complaint of regulations and its decisions are not supervised by any other institution, it can rightly be expected that it try harder for precise observance of this rule; in particular, given that the consequences of wrong decisions of it, Contrary to decisions of other judicial bodies, in revocation or not revocation of regulations is not confined to the complainant but can affect a large group of people.

The subject of this paper is the analysis of the nature and validity of price adjustment clause by paying the difference at the time of payment of the last installment. The unpredictable changes in commodity prices in the market have led to, in sales in installment, sellers cannot set a part of price allocated to installment, so they designed the above mechanism. This term concludes that, in the sale of installments, the last installment has been adjusted and the buyer is required to pay rest. In this paper, using a descriptive and analytical method and referring to the main sources, after analyzing the various forms of the above mechanism, it is recognized & this result has been achieved, If understanding of Gharar, and summarizes in assurance, this term will be correct. The judicial procedure also recognizes it's as valid. Keyword: installment sales, condition about performance of an act, corollary term suspended, adjustment, open price, Gharar.

One of the steps in the completing of criminal behavior which is response with criminal sanction is attempting. Attempting which is the closest stage to crime is defined as a stage which if there is no obstacle, the crime will end. Response to this behavior is done by various ways. The legislature In the Islamic Penal Code 2013 in spite of later codes has tried to regulate the punishment of it to achieve a consistency in verdicts. Irrespective of this positive approach, sentencing in Attempting in Crime with Multiple and Discretionary Penalties are challengeable and bring about difficulties for judges. This research whit Descriptive-analytical method has implied the legislation and judicial problems of sentencing in Attempting and tried to answer to this question that how is the sentencing in Attempting in Crime with Multiple and Discretionary Penalties. In this regard, there are several ideas which all of them concentrate on a special basis. These ideas are discretion of judge approach, the Criterion the most severe punishment and Criterion the mildest punishment. Findings of this study show that according to interpretive principles and focused on current ideas, about every crime which punishment is Discretionary, the judge has this discretion in attempting too. However, for avoiding different verdicts, the nature of committed crimes and criminal policy about them must be considered.

 In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.

One of the most important proofs of the lawsuit is the documents. Ordinary document is prestigious and valid, but the validity of all the documents is not the same, and the official documents have a certain positive validity and power. By the Law on the Registration of Documents and Real Estate in 1931 AD the registration of documents for all transactions and transactions concerning the interests and interests of immovable property was compulsory. Following the implementation of this law, and in light of the issuance of different judicial opinions in this regard, in 2017 AD the law of permanent rulings on development plans of the country was passed and in Article 62 of this law was enacted on the validity of regulatory documents. The subject matter of this article is limited to transactions involving immovable property and does not rule out formal ownership. The last part of Article 62, "Except for documents that are based on the recognition of a court having a religious validity ..." as an exception, is a new judgment that is ambiguous and may lead to the elimination of the original function Official documents in the community. In order to address these ambiguities, it is necessary to distinguish between property rights and contract law in the interpretation of Article 62. It can be said that as long as the documents with the rights of the holder of the official document are not in conflict, these documents are valid and in the relationship of the parties to the transaction are correct and the source, but when confronted with the ownership of the owner of the official document can not be the source of ownership transfer, in this case, against the holder The official document is not cited and can not be in conflict with the official document.

After various approaches dealing with the crimes, some countries in common law legal system have adopted a therapeutic-judicial approach and established courts called "problem-Solving courts". The first model of these courts was Miami-Dade County Drug Treatment Court in 1989 which with a therapeutic-judicial approach was trying to address the offenders' underlying problems with addiction or substance abuse issues. The idea of adopting this model in the criminal justice and health care systems led to planning and implementing a pilot project in Iran named "Iranian Drug Treatment Court" jointly by the Judiciary and the State Welfare Organization in 2017. This article with emphasis on Tehran Drug Treatment Court seeks to evaluate and analyze the process of "planning" and "implementing" of this model in Iran by using a "descriptive-analytical" method and reviewing all documents written for this project as well as other related regulations. The results of the research show that the common law model of drug treatment courts has not been correctly adopted, and problem solving principles and their legal capacities in Iran have been somehow neglected. Meanwhile, the project has not been completely implemented in accordance with the criteria and indicators specified in its relevant documents.

According to the law on the Implementation of Financial Convictions, approved by the Islamic Consultative Assembly on 15/7/1393 and the Expediency Council on 23/3/1394 imprisonment is one way to achieve financial right, but in addition to the request of plaintiff and adoption of the court, it is necessary extra conditions. Authority of the court and plaintiff is not absolute. In addition, it is exceptional and In case of doubt, the general principle rules should be applied.In addition, the term of imprisonment is not specified. Identifying the nature of insolvence requires identifying type of confrontation to wealthy that is confrontation between inexistence and potency.However the definition of the legislator in article 6 and its note, as well as the admission for installment in Article 11, indicates that the legislature does not have same attitude .Moreover this article does not comply with the petition for insolvency or wealthy in Article 7 and the recent article also has conditions for proof of insolvency that is criticized.

Fair trial is the one of the most important discourses discussed in legal literature that Seeks to achievement to the good legal and judicial system that maintain rights and freedoms of individuals in the best possible way and was able to fulfill justice in all areas. Administrative justice are not exception And must be under the norms and principles of a fair trial. This article, has studies this issue with emphasis on the procedure of Supreme Audit Court Act 2013 ratified by The General Assembly of this court with analytical and descriptive approach using legal resources, particularly related acts. The findings in addition to questioned the competence of the general assembly of the court in impose regulations, implies the existence of some deficiencies in the above regulation. several principles of a fair trial in these regulations has been neglected that can lead to the violation of rights of the accused in the Judiciary Boards and points out the legislative parliament in this regard.

Sport publicity or image right is a right by which athlete finds exclusive right in exploiting his publicity, image, personality and identity and can grant others the permission to use them and on the other hand, prevent the unauthorized use of this right by others. Having regarded the approaches of leading legal systems in such field, this article analyses the process of formation and recognition of this right for athletes and examines the reasons for its existence and its justifications and solutions against who infringe this legal right. In some legal systems, image right has been recognized as an independent right and commercial value attached to the identity of athletes, regarding some exceptions, is legally under protection. Registration of images as trademarks, exploiting the potentials of passing off actions and trade secrets system as well as dilutions actions, help athletes supporting their rights in such field. Although In Iranian law the existence of some obscure regulations beside some general rules such as the necessity of protection the rights relating to the personality and civil responsibilities may solve some problems but the results of this paper indicate the ambiguity and in efficiency of Iranian's existing regulations and legal literature regarding the effective protection of athletes' rights to their publicity and images, which necessitate employing the established rules in this domain in order to fill the gaps and correct the legal deficiencies.

Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”