نشریه دیدگاه های حقوق قضایی
پیاپی 94 (تابستان 1400)

Effective and efficient settlement is one of the essential requirements for the management of a large volume of transactions in the capital market. Central Securities Depository and Settlement of Funds Company is the trustee of registration affairs, deposition, and settlement in the stock market. The determination of the nature and role of SAMAT in these affairs is the prerequisite for recognition of the rights and duties of this company and each of the transaction parties, which have been investigated in this research. With regard to the role of SAMAT, such ideas as "being a trader", "pure calculation", and the theory of "delegation in settlement" have been addressed while each of them requires a different implementation mechanism. Studying the rules and regulations governing the capital market and adapting them with the common views, one may come to the conclusion that the mechanism for the settlement implementation of the central depository company has been designed based on the mechanism of "binding payment netting"; and SAMAT as the representation in this mechanism, is responsible for "delegation in the settlement" of transitions.

Stipulation for the benefit of a third party In a contract the parties may stipulate a right or an obligation for the benefit of a third part. There is almost no disagreement as to the impossibility of stipulation directly a right for the benefit of a third party, with or without his or her prior or later consent or disagreement. In this article, the background, concept, nature and the legal effects of such stipulation is studied. The study is conducted mostly based on a comparative study of the common law and to some extent civil law systems with an emphasis on the doctrine and case law.

Criminalization realm in article 598 of Criminal Code is a matter of controversy with regard to several natural and legal persons. As an instance in this case, the status of some banks is in an opaque zone. Considering Governmental Banks’ intertwined linkage to the government, in addition to the Criminal Code’s title of chapter 13 (Governmental Officials’ trespasses toward the government), it is clear that mentioned banks come under the umbrella of article 598. On the other hand, Private Banks (which have been private since their establishment) not being under the aegis of the government makes it undoubtable that the article is not applicable to them. Yet the state of Private Ex-Governmental Banks, which still have connections with the government, is of ambiguity and in need of scrutiny. The reason lies in the fact that while accounting for some features of Private Banks, afore-mentioned banks have features in common with Governmental Banks too. Therefore, shedding light on Private Ex-Governmental Banks makes a comprehensive study of three fields necessary: 1- related laws and regulations, 2- facts and figures about stocks and shares, 3- legal procedure. The conclusion Ex-Governmental Banks are more of a Private bank than a governmental one.

Employment Status Change as one of the most common issues in administrative system is the subject of many laws and regulations, accordingly, study of that is subject of this paper with emphasize on nature and legal requirements of employment status change and principles governing that. The nature of employment status change seem to be new employment that require government of employments principles, but the legislator's intention in addressing a particular group require modification in this relation. Legal authorization in form of employment Permission and organizational post, employment tests and merit- selection in the case of restrict employment, is the principles of employment status change. Our finding shows relative observance of that principles; but the more attention is necessary to competent authorities to deciding in this relation, organizational post and necessity of holding employment test in the case of restrict employment.

Privative measures for healthy cyberspace(filtering) may pose a serious challenge to the freedom of information and right to information.Freedom of information as one of citizenship rights is now facilitated through the Internet and cyberspace.This right,based on Article33-Charter of Civil Rights,is one of the fundamental principles of good governance and most important examples of the first generation of human rights law that guarantees citizenship rights.With the rapid expansion of virtual networks in recent years and the occurrence of various types of harm and threats,cyberspace health is one of the concerns to decision-makers in Iran.Therefore,filtering is used as a solution,which led to various criticisms because some people considered filtration as violation of citizenship rights and others referred to the harmfulness of freedom in the uncontrolled cyberspace.However, filtering requires a well-documented legal system;therefore,it is essential to investigate  principles for proper and lawful purging and filtering for the realization of citizenship rights.In this research,the main question is,what are the principles governing(un)justifiable filtering and how does it affect the realization of citizenship rights?Accordingly,the main hypothesis is that given the recognition of the freedom of information,justifiable filtering can affect citizenship rights and its impact is indisputable,but uncontrolled filtering is certainly a violation of citizenship rights

In international law, there are good rules for the protection of the global cultural heritage, such as the Geneva Conventions of 1949 and the 1954 Hague Convention, customary rules and doctrine. UNESCO's recognized cultural heritage in each country is part of the cultural heritage of humanity and of the world, which, in addition to general support in international law, has been particularly recognized within the framework of the International Criminal Law System within the Statute and the Code of Conduct Elements. With the entry into force of the Rome Statute on July 17, 2002, and the creation of an International Criminal Court, the world for the first time has become an independent international judiciary with the authority to prosecute those who have the greatest responsibility for the inevitable destruction of property Cultural is in the process of armed conflict. For the first time in the history of the International Criminal Tribunal, the world witnessed a trial of someone charged with a war crime against cultural property in the Ahmed al-Fakhi al-Mahdi case. The Court's approach in this case is affected by its statute of "interpretation approach in favor of civilians .

In the shadow of the advances in medical science today, a large number of diseases and physical injuries are treated by transplantation. Although the moral aspect of saving a person's life is pragmatic and acceptable, however, due to the needs of the recipients of these members, the donation appears to be a donation, and is in fact limited and paid to the donor. The commitment for this agreement as a new contract for knowledge of law is the subject of this study, the purpose of which was to study the sources of Iranian law. Based on the analysis of the sources of Iranian law and the description of the relationship between the parties in such contracts, due to the harm that the organ removes from the organ to the donor body, if the member is subject to the agreement on the zombie before the separation from the human body, this agreement False and invalid, and it is not binding on the parties, and if the agreement is made after the organ is separated from the human body and it is proved that the donating body does not need it or the member of the subject matter of the agreement regarding the dead or dying person This agreement is binding, and if the parties fail to make such an agreement arbitrarily, Mat law enforcement use them.

Protocol to the African Charter of Human and Peoples' Rights on the Rights of Women in Africa (Women's Rights Protocol or Maputo Protocol), through presenting a pervasive definition of violence against women (VAW) and enumerating its distinctive manifestations, stipulating the elimination of all forms of discrimination against women, addressing and prohibiting harmful traditional practices against women, considering the role of education and schools in the eradication of discriminative attitudes against women, protecting women during armed conflicts and supporting elderly and distressed women against all forms of violence and discrimination, emphasizing the criminalization of different types of VAW and punishment of perpetrators by State Parties, and regulating national legislations seeks to prevent and combat VAW in Africa. If fully implemented and integrated into national legislation, the African Women's Protocol offers an effective and strong tool to protect African women against distinguished forms of VAW. The present paper, through a descriptive-analytic approach and by means of a library-based method, aims to answer this question that what has been the role of the Protocol in combating violence against women in African countries.

Ever, one of superiorities of investigation of judgment Institution on Justice administration is speed and acceleration in investigation. Thus contrary to Courts of justice that the claims are not  bound to time and special term, in judgment, the parties with determining a given term in the contract, oblige the judge to investigate and pronounce in the mentioned term. In lease contract, by virtue of Article 468 of Civil law, if no determination of lease period , the contract is annulled.  But in arbitration, despite to arbitration contract, without deadline is  unimaginable (such as legal or contractual), but the legislator has taken hard less on this regard and firstly has empowered to the parties determine arbitration term and if no determination of the term in agreement letter, the legislator  as completion law , has entered to the field and has determined the contract for 3 months. Delegation to extend the arbitration in beginning of affairs to rule of intent of the parties is not faced with a difficult

In onerous contracts, if one of the parties does not fulfill his main obligations, the jurists of the Imamiyah and Iranian law, by same criteria as provisions of the condition about performance of an act, state that the aggrieved party must bring an action to enforce the other party to fulfill his obligations and, if it is not possible, someone else undertakes an obligation at a committed cost. Finally, if non of this is not possible the aggrieved party can terminate the contract. this theory is not consistent with parties contractual purposes and the logic of commercial contracts.Therefore, in most countries, such as Britain, the US, and international legal instruments, when breach of contract committed by one of the parties is fundamental, it would give rise to the right of termination.Although, jurists do not consider the possibility of termination, but regard challenges of specific performance, the requirements of new commercial transactions and the relations between merchants and, persuasive argument of some great jurists, we can believe in right to termination for aggrieved party in occasion of fundamental breach of contract in Iranian law based on logical consistent usages, principle of prohibition of causing a loss etc.

In the present age, the emergence of means of communication between individuals and organizations through electronic and informational equipment has raised the issue of e-government and, consequently, electronic litigation as opposed to traditional litigation. Electronic criminal proceedings, as a new development in the judicial system, in order to achieve social distance in incidents such as Crohnchr('39')s disease, reducing court costs and facilitating court proceedings, are significant articles of the Code of Criminal Procedure. One of the important issues in this field is remote testimony due to electronic and informatics equipment, which is mentioned in Article 186 of the Islamic Penal Code and Articles 204 and 214 of the Code of Criminal Procedure. However, according to an interview with a number of branches of the First Criminal Court, the issue of long-distance testimony has not yet been brought to justice in Iran. These courts have challenges in terms of lack of necessary infrastructure and views derived from jurisprudential interpretations. In the present study, with descriptive-analytical method and also the content analysis of the judgeschr('39') interviews, solutions have been presented to solve these challenges and provide the necessary infrastructure for the implementation of remote testimony.

Targeted financial sanctions are actions taken by governments or international institutions against persons and entities with specific characteristics to prevent them from engaging in dangerous activities by restricting their access to financial resources and services. The main question of the present study is what is the legal nature of targeted financial sanctions and how it is applied in the legal system? This study shows that many of the criticisms that have entered into this type of sanctions; Like its uncertainty, the deprivation of persons of the right to trial and the right to defense, etc. is incorrect and is due to the confusion of the nature of this institution with punishment. The use of targeted financial sanctions to prevent the financing of terrorism requires a change in the definition of the crime of terrorist financing, so that in the definition of this crime, in addition to financing terrorist acts, the financing of terrorist organizations and individual terrorists must also be considered. This would result that the competent authorities do not need to establish and prove the connection between the funds and other assets of these persons with a specific terrorist act in order to freezing their property.