نشریه اندیشه حقوقی معاصر
سال سوم شماره 2 (پیاپی 9، تابستان 1401)

Since the family is the fundamental subject of society and one of the basic components of happiness of any individual, it is very necessary to make the effective measures and mechanisms to protect its stability and sustainability. Today, family dissolution is happening more than ever. One of the most important reasons for this is the fraud in marriage, which remains hidden some basic issues before the marriage, and if it were obvious, a marriage would not have taken place. Understanding this issue, the research seeks to institutionalize legal strategies to prevent premarital fraud, so by using a descriptive-analytical approach, while examining the legal system of marriage termination due to fraud, analyze court cases, family psychological cases and effective legal and judicial strategies to demonstrate the importance of research achievements. The results of the research show that it is necessary to provide legal physical and mental health certificates, legal and judicial inquiries such as: local trust, authentication, document authenticity, records of legal and criminal lawsuits, ownership, assets, occupations, guilds, education, etc., eliminates many common frauds before marriage.

In referring the situation involving a Crime of Aggression by the United Nations Security Council (UNSC) to the Office of the Prosecutor (OTP), the Court must at the outset, satisfy itself that the UNSC has determined an act of Aggression committed by the given State. Subsequently, the OTP must provide all information and documents to the UNSC. The OTP’s assurance that the crime is determined by the UNSC will not impair the independence of the Court. However, that recognition by the UNSC can be based solely on political considerations. The use of veto power also gives the Permanent Members of the UNSC the right to commit an act of Aggression while in full immunity. However, if the Pre-Trial Chamber seizes the matter, the UNSC may suspend it for twelve months and renew it several times when the UNSC is unwilling to consider the matter in the Court. This is in contradiction with the main goal of the Court, which is the punishment of the perpetrators of the most serious international crimes. The present article, while examining the necessary conditions, has analyzed the situation in which the act of Aggression is committed by a Permanent Member of the UNSC.

In order to implement criminal justice, the Iranian legislator, regardless of the specific pattern, goals and function of the legal sections, has passed the law, sometimes following the example of Western countries. In a way that in general, the purpose and efficiency of legal the legal sections, especially those that are tools and solutions for other the legal sections, is not well understood and in addition to not paying attention to other provisions in the legislation of legal the legal sections, sometimes leads to their ineffectiveness. Recognizing the functions and goals of personality file formation and the approach of paying attention to the victim along with crime, term justice as a new paradigm of criminal justice, the need for justice and justice and the turmoil of legal the legal sections, the need for a restorative approach in character file more than before Makes visible. An approach that ultimately reveals the necessity of filing this case in crimes with a lesser punishment than what is mentioned in the law and paying attention to the case of the victim. Amending the legal section 203 of the Code of Criminal Procedure and harmonizing it with other the legal sections according to the goals and functions, along with writing a guarantee of proper implementation and an efficient regulation will solve the current problem of not paying attention to the personality of individuals despite the legal obligation.

In the Islamic Penal Code of 2013, for the first time, the criminal responsibility of the legal person officially entered the Iranian legal system, although before that the Law on Criminal Offenses had spoken of in article 19 of itself, but we should formally consider the penal code as the innovator of this legal basis, on the one hand, because in accordance with Article 4 of the Constitution, all laws and regulations in the country must be based on jurisprudential and sharia standardsFrom a jurisprudential point of view, it seemed necessary to examine the basis of the criminal responsibility of the legal person, since this void was clearly felt in the following laws and also created many negative effects. In this article, accepting the fact that it is possible for a legal person to commit a crime, we have analyzed the quality of the crime committed by these persons and concluded that legal entities, when committing a crime, take the material behavior of the crime from the real person, which is in accordance with roknite theory;,Considering that the behavior of the real person is part of the legal person so that he takes his will from the real person and basically the responsibility is directly on the legal person.

Unfair terms are one of the most important issues related to consumer rights. This article, by describing and criticizing the jurisprudence of the reasons for the invalidity of the negative conditions of responsibility and achieving the general principle of validity of these conditions, has made exceptions to this principle and has reached the conclusion that the negative conditions of responsibility contained in Directive 93/13 of the European Economic Community According to the condition of deprivation of responsibility for death or bodily injuries resulting from the act or omission of the act, based on the disorder of the system, the condition of liability for damages resulting from negligence based on the disorder of the system, The provision of services by the unilateral will of the subject is doomed to be invalidated on the basis of the complaint and the condition of disqualification from the obligations of the representative in the field of exceptions to the principle of correctness of the negative conditions of liability.

The essence of the islamic system is based on the obedience of the orders of god and the prophet (pbuh) and the Infallible imams. one of the orders of Allah Almighty in the holy quran and the innocents in multiple narratives is fight against Social and public manifestations of sin. therefore, one of the tasks of the islamic republic of iran is based on The first paragraph of the third article of the Constitution to create a conducive environment for the growth of moral virtues and fight against all forms of vice and corruption in the islamic community. on the other hand, Marter Beheshti is considered a prominent and outstanding member of the Islamic Revolution, as far as he has played an active and extensive role in founding and establishing the Islamic system. Therefore, in this study, it has been tried by using the collection of his documents and speeches with the documentary - library method and with an analytical view to answer this question that what is the necessity of the Islamic government to deal with social manifestations of corruption and vice, and how he evaluates the duty of the islamic government in this regard. the results of this study show that martyr Beheshti believes that the audacity of committing sin in the social environment has contributed to the decline of the islamic society and in order to preserve the moral health of the society, the islamic government is obligated to take steps first towards raising awareness and creating