نشریه قضاوت
پیاپی 102 (تابستان 1399)

If jury believes to innocence of accused in trial court, this verdict is binding for court based on Presumption of innocence and other bases in Criminal law. According to this, does acquittal issude by trial court in press crimes have special quality toward conviction or not?  The answer of this question affects to comparison of definitive judgment. Because of dissidence that created between lower court and 24th chamber of supreme court in interpretation of S 43 of Press Law 1986, the case has investigated in united chambers of criminal branches of supreme court and this court has upheld acquittal. This dissidence is multiple construable and acquittal is according to nature of rights and liberty of press.

Delay payment damages by repealing Article 719 of the Code of Civil Procedure adopted in 1939 and replacing Article 522 of the Code of Civil Procedure adopted in 2000, the legislator, with the aim of avoiding usury, It has also changed with the approval of the Central Bank. Regarding whether the guarantor of the bankrupt person will be liable for this type of damages resulting from the subject matter or not, it should be said that although the responsibility of the guarantor is subordinate to the subject matter and the fall of his obligation for any reason will be extended to the guarantor. This can not be considered absolute in the case of exemption of the subject matter of the bankrupt from the compensation for late payment. Because the said damage is a natural requirement of any religion of a common type and the application of the guarantor guarantee will also be included in it, even if the trader is exempted from it based on the unity vote of procedure number 155 dated 05/03/1969. Therefore, in this article, relying on the library method, while critically analyzing the recent unanimous vote of the issuance procedure No. 788 dated 16/06/2020 regarding the exemption of the bankrupt's guarantor from the delay of payment of the debt, take a look at the nature of this type. Damage and the ability to achieve it.

The General Legal Department of the Judiciary has been asked about the number and differences of witnesses in hearsay evidence as well as their gender.  In the advisory theory No. 1750/93/7 - 20/10/2014, the proposed answer has created the suspicion that the witnesses are different and the replacement of the mediating witness regarding their number.The answers to the questions mentioned in jurisprudence are discussed by jurists who have tried to provide answers by analyzing the nature of hearsay. Due to the lack of an explicit legal text in this regard and the ambiguity of the legislative language in Articles 188 and Note 1, 189 and 199 of the Islamic Penal Code and Article 231 of the Code of Civil Procedure, the task of seeking the true purpose of the legislator following Article 167 of the Law There is a basic.By analyzing the descriptions mentioned in Islamic jurisprudence, the hesitation of the jurists' words and the disobedience of the work to the basis became more apparent. Therefore, considering the reputation of thework mentioned in jurisprudence about the need for two people to hearsay, it is believed that a method should be chosen so that it can be consistent with the work.Therefore, among the mentioned principles, the positive nature of hearsay evidence leads us to the goal.

The role of traders in the economy of any society requires the legislator to set rules and regulations regarding the actions and activities of a businessman. One of these requirements is the determination of bankruptcy standards. One of the conditions for issuing a bankruptcy order is a insolvency of merchant. Since the concept and conditions of a insolvency are not strictly defined by the legislator, there is disagreement in the legal doctrine and consequently in the precedent. In this regard, the present study is based on the question of the nature of the insolvency with a comparative approach and analyzes the laws of Iran and the American legal system to explain the concept of the insolvency, its causes and its various aspects. The findings indicate that there are differences between the two legal systems studied regarding the concept of insolvency and the conditions for its realization. The American legal system is more supportive of traders than creditors in terms of social justice views. In the US legal system, the concept of insolvency is more focused on the actual insolvency and on the balance sheet, but according to Iranian precedent, the notion of insolvency is based on an overview of the asset status of the merchant and in some cases, the actual insolvency has been considered as a criterion. In this study, after reviewing these cases, the appropriate solution is explained.

Analysis of the municipality’s civil liability in building construction on the basis of failure theory, can put the interests of the party who has incurred a loss, at risk , and may affect the whole damage compensation, because it is hard to prove a failure. Hence, via the new legislative approaches including articles 14,20,143, 515,517,518 of the Islamic penal code, and giving due consideration to article 184 of labour law and based on article 11 of the civil liability law, a change of procedure can be made on the basis of civil law. This specific approach of civil law does not require finding a special basis for each liability by a judge because assignment of a certain theory cannot be responsive and the judge has to be able to assign the compensation to the person’s behaviour that is the criterion for recognition of failure or judgement. Such an assignment to themunicipality’s behaviour can be accomplished in different categories including “municipality’s failure in fulfilling the obligatory tasks” (Obligation to Inducement) and “municipality’s failure in fulfilling the supervision tasks” (Obligation to Results) .Municipality’s tasks are performed either in a supervisory form (supervision over the performance of the supervisors regarding those buildings that have construction permit,and direct supervision over the construction of those buildings that have no construction permit) or in the form of a direct intervention, as project employer or contractorGenerally, municipality’s involvement is accomplished through supervising over the performances of civil engineers and proprietors and inspecting the buildings in various ways such as issuing construction permits, preventing illegal constructions, issuing construction completion certificate.On the other hand, as an employer or contractor, the municipality’s liability is to fulfil the tasks determined for the employer. On the basis of the general rule of compensations, municipality maycompensate for the incurred losses usingnonmonetary ways.

Confession in civil matters is a matter of decisiveness, and this is what has excused the legislature from accepting denial after confession. However, the legislature has introduced conditions under which, according to the text of Article 1277 of the Civil Code, denial after confession is heard. Examining this article, we find that what is considered as denial after confession in the text of this article, in fact, has nothing to do with denial after confession, but are merely circumstances in which either the confession was not substantially made or in the case of apparent occurrence, can not be imagined legal effectiveness for it. Factors such as proving the corruption of a confession or relying on mistakes and the like. As a result, it should be said that contrary to the cases that have been accepted as denial after confession in the text of the law and similar researches and have been accepted by the law, in fact denial will never occur after confession.

In the last two decades, the influx of cases into the judicatories and courts has become one of the serious problems of the judiciary, so that this problem has caused lengthy proceedings, reduced the accuracy of judges in issuing verdicts, burn out and fatigue of judges because of the high volume of cases. And in general, it has reduced the efficiency of the judiciary. This has led the judiciary to seek a solution to this problem from the very beginning, and one of these measures to reduce the number of cases to the courts was to establish a dispute resolution council. Although the formation of this institution was necessary and useful, the focus on reducing the number of cases and absolute statistics caused the councils to move away from their philosophy of existence, which was to correct the essence of the conflict and the chapter of hostility through compromise. Therefore, in this study, we have tried to deal with the effect of statistics on the performance of dispute resolution councils with an analytical method. Also, in this article, the information obtained from the statistics of the dispute resolution councils of Markazi province has been used as a statistical sample. Studies have shown that the increasing number of cases in the judiciary contains a worrying reality and should be addressed through fundamental solutions such as strengthening the principles of prevention