نشریه قضاوت
پیاپی 104 (زمستان 1399)

In trial, there are governing principles that sometimes seek to create balance in the mutual roles of the judge and the parties in the trial, and sometimes seek to manage the parties’ roles in the initiation and conducting the trial, and sometimes include the trial environment in line with ensuring the rights of defense and defense freedom and openness of verdict of the trial. The principle of private initiative, which expresses the right of the parties to start and end the proceedings is one of the rights of the litigants, and it is also one of the duties of the judge to observe. Accordingly, the court must deal with the plaintiff’s claim, even if it has changed, within the framework of legal conditions, so that this principle governing the civil procedure is not violated and justice is executed and hostility is settled. The change of claim, contrary to the supposition that has emerged from the decision of Branch 10 of the Supreme Court should not be confused with the unfulfillment of the claim and the indecisiveness of the lawsuit, which have different effects, judgments and performance guarantee. In this writing, it should be also checked whether the performance guarantee of the indecisiveness of the lawsuit is to get explanation from the plaintiff or its lawyer.

One of the points of dependence of proceedings in any judicial system is the use of experts’ and professionals’ opinions in various fields. Therefore, in the affairs that require technical and specialized aspects, the judge takes the use of experts’ thoughts, abilities, skills and expertise. The requirement for the experts’ opinions of and specialized knowledge in settling claims and also in social occasions is obvious. This requirement has been manifested in different forms in business as well as in different structures of judicial systems in all countries and naturally in our country since the dim and distant past, and it has taken an organized and executive form with different mechanisms and with the progress and development of governments in different eras. The process of evolution, organization and reform of the expert system, like other professional conducts, requires the elimination of its shortcomings and disadvantages over time, but the formation of some organizations with the same description of duties and in a parallel form regarding expert matters, instead of correcting and fixing the problems of the existing active organization, creates undesirable effects and results and complicated conditions in the realization of the goals defined for that influential institution. In this article, by talking about the position of expertness and its historical background, it has been tried to express an aspect of the expert institutions in Iran, and by criticizing the active institutions in the field of expertness and explaining the consequences of the existence of parallel expert institutions, while presenting operational suggestions, the necessity of integration of expert institutions to reform the performance and optimization of the expert system is explained

The society's attention to spiritual harm indicates that society has gone beyond mere appearances and taking care of the spiritual dimension of social life and the development of civility in it. The silence of most of the leading jurisprudents regarding the necessity of compensation for spiritual damage should be considered as a necessity of the time when the society has not, for any reason, felt the need for this type of damage or the necessity of compensation; but now this matter is one of the necessities, and the new jurisprudence and, accordingly, the legal system of the country has responded to this need and has decided to determine its limits and boundaries. Although now there is no doubt about the need to compensate the spiritual loss by itself, neither jurisprudentially nor legally, there are a lot of discussions about the possibility of material compensation through paying money. The Holy Prophet’s practical styles (peace and blessings of Allah be upon him), the opinions of some jurisprudents in the recent decade, establishing the Note to Article 14 of the Civil Procedure Law enacted in 2013 confirm the possibility of compensation for the said damage through paying money as well. There is still a problem regarding how to determine the amount of money. However, it seems that the judge should pay attention to the conditions of the case and determine the amount of compensation based on it.

In analyzing the principles of sports law, it is clear that the law covers a wide range of issues related to human life, and the institution of sports is considered a complex and adventurous social phenomenon. The expansion of sports has accompanied by new issues such as how to conclude contracts and their resulting responsibilities. Many people are engaged in sports activities - either professionally or non- professionally– for whom, under the contract, assignments are created for a period of time. A sports contract consists of one or two subjects that establish an unbreakable relationship with each other, so that if the performance of each is rejected, the other party also refuses to fulfill its obligations. The main nature of any contract is defined according to its main obligations. The sports contract can be considered the Achilles heel of the current legal problems in the sports community. Sports contracts follow certain conditions; general conditions that are the basis of contracts and are mentioned in Article 190 of the Civil Law and specific conditions that are considered according to the rules and regulations of sports and the rules of federations. Consequently, in case of violation, according to the types of contractual and non-contractual responsibilities, people shall compensate the damages. The evolution of sports law depends on the interaction of sports activities and human behavior and ethics. In fact, the progress of sports rights is possible by setting comprehensive and specific laws, humane behavior and positive and fair performance and restoring the rights of the damaged one.

The issues that have been presented in this discussion under the title of “the confession to lineage in Iranian civil law and Islamic jurisprudence” are mainly the concept of lineage and confessing to that, effects and features of confessing to that in Imamiyeh jurisprudence, Sunni Religions, Iranian Civil as well as genetic examinations as the proof (Amara) of proving the lineage by taking a look at Jurisprudence.  Of course, the confession to filialness has been generally and mostly stressed in this research, since the amount of material related to confession is vast and “more important”. The purpose of presenting the research in this regard is to investigate the issues that are less menti

Rightly identifying the competence of the judicial authority is an important step towards the reduction of the cost and increasing the speed in the process of dealing with the crime. The competence of the court in dealing with the of violation of the rights of the commercial and industrial plan patent holders is one of the issues that has challenged the judicial system on the course of attaining one’s right. Confronting legal inferences in the issue of competence and issuing different judgements in the judicial procedure affect the rights of the beneficiary in this regard. In this article, the theories presented about the competence of the authority dealing with this crime have been studied in a descriptive-analytical way as well as using the judgments issued in the judicial procedure. The difference in the competence of the prosecutor's office and the court in conducting the preliminary investigations on the one hand, and the competent place to conduct these investigations on the other hand causes the increase of ambiguities in the competence of dealing with the said crime. Finally, by weighing the strengths and weaknesses of each theory, the superior view of the necessity of the intervention of the prosecutor's office in the matter of prosecution and the competence of the Tehran prosecutor's office as a specialized authority is mentioned. Also, in order to prevent diversity of judgments, necessary suggestions are made to create a single procedure in the judicial system.

Meeting the needs of society and economic units requires economic communication between various sectors. Sometimes, this need is met simply by concluding a contract. Sometimes, to meet a need, a series of contracts are concluded between different people and a chain of interconnected contracts is made. The conclusion and full implementation of all these contracts ultimately leads to the achievement of a single and specific goal. The conclusion of contracts that are related to each other complicates the relationship between the contracting parties and requires the commitment and mutual relations between the parties of these contracts. The term chain contracts (contractual networks) and the study of its nature and recognition are still abandoned in our legal system, and there are no other references to this type of contracts, except for special cases, which has a jurisprudential background as well. Of course, it goes without saying that chain contracts are highly used in international trade law. The characteristics of these types of contracts are their interdependence, long execution period, possibility of low violation or cancellation, challenge with the principle of relativity of contracts, being multilateral, having related and sometimes single goals and economic unity between the set of related contracts.The purpose of entering into such contracts is to respond