نشریه اندیشه حقوقی معاصر
سال سوم شماره 1 (پیاپی 8، بهار 1401)

rate; The application of preventive policies in the serious fight against such crimes is of particular importance and necessity;Undoubtedly, one of the most important and best ways to fight against financial deviations and economic crimes at various levels is to adopt measures and policies to prevent the occurrence of such crimes and corruption; In other words, preventing the occurrence of deviations and committing economic crimes takes precedence over fighting the perpetrators. The need to implement Islamic economic policies and recognize its principles based on the Holy Qur'an Yesterday, today and tomorrow of a society, in the field of macro crime prevention policies, under the title of grounding, atmosphere and Quranic culture, are other basic findings in order to prevent economic crimes in the present study;Finally, by expressing a conceptual perspective and reasoning on the two issues of faith and piety, some of the mechanisms of situational prevention of economic crimes are examined.The research method of the present study is applied in terms of objectives and in terms of the nature of descriptive-analytical study using the documentary method

The rule of intercession is one of the jurisprudential rules of law regarding guarantee, which in civil law, compensation and in criminal law, punishment. The occurrence of a crime or damage to another does not always happen directly and through stewardship.Rather, in many criminal and civil matters, a person indirectly and through causation causes the loss of property to another or the commission of a crime, which, depending on the type of act committed, creates civil or criminal liability for him or both, and depending on the act The cause can be intentional or unintentional, negative or positive and can be realized in various forms, including pure causation, the community of cause and effect, and the community of causes; Therefore, determining the responsible person or persons in many cases, especially in the community of cause and effect, and especially where the cause is stronger than the direction, is of special importance for imposing punishment or compensation. In this research, the rule of causation in criminal law is examined.

One of the most fruitful sources of criminological sources is "criminology and the nature of threat and danger to life." In addition, the context of behavior at this time, one of the serious articles of criminal law and its in-depth provision, inspires the legal structure of jurists from a well-deserved intellectual consolidation. The argument of protecting the security of the missions of the Islamic government, causes the Iranian legislator to incite to describe this crime, because in the laws before the revolution there is no comprehensive and obvious offer of the crime, threat and risk of life to be recognized and this The category was created after the Islamic Revolution. Although the concept of threat is a controversial concept, there is not much difference in their nature between jurists and jurists. In addition, it should be noted that this article does not confirm the founding of opinions and debates in this field, but rather provides a report on the concept of threat and danger to life and its criminology from the perspective of Iranian jurisprudence and law, in order to explore A modern solution is through the comments provided, or the suggestions that can be followed.

Freedom of navigation is one of the oldest and best-known principles of the legal regime governing maritime environments. This principle constitutes one of the pillars of the law of the sea and is at the origin of modern international law. The sea is the main channel of communication and cooperation between states and therefore it must be free and not monopolized by a state and controlled by a state. A state can only claim control of an area that is effectively under its authority and sovereignty. the United Nations Convention on the Law of the Sea makes extensive reference to various aspects of the freedom of navigation in Articles 17 to 26, 36, 38, 52, 58, 78 and 87. The various expressed forms of this freedom all mean the same thing and that is the freedom of movement of ships. It is impossible to list all the challenges facing the free movement of ships or all the restrictions imposed on this freedom. In this study, we limit ourselves to examining one of these restrictions, namely the illegal seizure of commercial vessels and on the other hand, the right of countries to apply countermeasures in the seizure of commercial vessels of countries. offenders.

Dismissal is the cause of the fall of obligations, and is a legal act that takes place in the form of a contract and depends on the will of the discharger. The Civil Code of Iran, while allocating Articles 289 to 291 to express the nature, conditions and provisions of acquittal, has considered it as a reason for the fall of obligations. Exemption of the right of retribution and blood money, dowry, as well as exemption of the creditor is one of the examples of exemption. According to Article 290 of the Civil Code, discharge causes the obligation to fall when the obligor is qualified. According to Article 291 of the Civil Code, it is correct to absolve the deceased from the religion. Practical legal discharge is a kind of rite, which causes the religious right of the discharger to fall. In fact, acquittal is a subordinate rite and its validity depends on the existence of religion. so; If the discharge is before the creation or after the fall of religion, it will be void for some reason. It is worth mentioning that it is correct to ignore the religion that caused it. for example; If a woman discharges her future alimony, because there is a cause of religion which is a marital relationship, then the discharge is valid.

The transference of agricultural lands in the form of leases and farm contracts (Mozareh) to others under the Farmer title is common in the Iranian agricultural tradition. In such scenarios, the owner does not take any agricultural actions on this land, and all planting, holding, and harvesting matters are the responsibility of the farmer. According to their contract with the farmer, the owner will receive some products or a certain sum of money. Farming in such lands requires soil strengthening and agricultural land quality increasing. The farmer takes action to strengthen the soil and increase the land quality while the owner has no responsibilities in this field. The considerable cost and effort required for agricultural land strengthening and improvement have made the country's agricultural tradition consider some rights for the farmer. These rights are known as the Farmer's Rights. However, there are some disputes regarding the nature of farmer's rights alongside financial nature or priority rights. On the other hand, these rights are based on unverified jurisprudential and legal principles, while the position of jurisprudence and Iranian law principles towards them is unknown. This issue makes it necessary to study the farmer's rights from the perspective of jurisprudential and legal principles to reach conclusions regarding their financial nature or priority right. Analyzing the farmer's rights and their application in the financial principles in jurisprudence and Iranian law determines that these are financial rights with similar effects. The current study intends to analyze this subject with the library and descriptive-analytical approaches.