PRIVATE LAW STUDIES
Year:2004 | Volume:- | Issue:64|Papers Count:10

One of very important social discussion which is protector of physical, financial, chastity and prestige security of individual and society, is penal and criminal judgments. These judgments has principally been customary in all societies and nations of world from long time ago and has been executed and is also of necessary and undeniable judgments in human life except that juridical officials of nations have done differently in the quality of discerning crime and its scale and also quality of its execution and did not have a single practice - the reason for this nonconformity is that the penal and criminal laws of non-Islamic nations has been mainly originated from the opinions and thoughts of their jurists, in other words, it is a product of human research and human compiling-innovating laws are not capable to understand facts of crimes and conform scale of penalty with its crime due to limitation of human mind and mixed with tribal and ethnic grudges for this reason it can not have a productive, punitive and preventive effect, there fore it is proper to know the best or the only penal and criminal judgments for repelling and removing crime and purifying society is Islamic penal judgments originated from spiritual inspiration and revelation. So we decided to prepare and compile a scheme under named penal judgments of Quran verses that is the source of Islamic penal and criminal judgments and in addition to a brief comparison between western penal judgments with Islamic one, those verses which require to consider and inquire, we intends to give them to researchers and seekers of knowledge. It is hoped that we have done service in respect of accessing to luminous judgments of Quran.

Transnational organized crime is one of the most problematic matters for international community in 21st century. These crimes are committed by organized criminal groups consisting of three or more persons, a unique leadership and strict discipline with cruel sanctions. They are committing crimes in order to obtain, directly or indirectly, a financial or other material benefit. The groups are involved in trafficking in persons, especially women and children, because of high benefits of the crime. The United Nations, acting on behalf of international community, elaborated an international document named "United Nations convention against Transnational Organized Crime" with two protocols in 2000. In response to this crime, the first protocol named "Protocol to Prevent and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime" was approved by the general assembly in 2000. The protocol is analyzed as the most comprehensive international document in the matter. Since the provisions of the protocol - like the ones of the convention -are flexible not to violate the sovereignty of states or basic principles of their national law, its ratification is recommendable to Iran.

The word "minority" is sometimes used for those who belong to a special language, race or skin color; but in Islam, this word refers to non - Muslim believers. These people, according to the revelations and traditions as well as the current law in Iran, are the followers of Zoroastrianism, Judaism, and Christianity. In the courts of Iran, and in their private status they are prosecuted as to their own religious rules. The compilation of the rules of private status - including inheritance -in these "minority" religions is the aim of this article, in which the general tenets and principles of these rules are compared with those of Iran Civil Law; some instances of the conflict between them are mentioned, the related questions are replied, and some suggestions are offered for the purpose of reformation in the current law.

Whereas the paragraph 4 of the article 140 from civil law has prescribed, inheritance is one of the causes of forcible inquisition, and the setting up of the law is to determine an owner for the deceases properties. Since the estate post-mortem is ownerless, so that the lawgiver has legislated some consanguinity regulations to determine the next owner, by using the heritage rights, so the legislators use a relationship system between deceases and the owner of deceases properties which after the determination is called heir, this system can be done through natural relationship which is called consanguinity, or it may be done by contraction. On the other hand, the natural relationship among persons may be created in a way as if all of them are equal in relationship. This will cause a relational order which close relationship will lead to heir presumptive which in divine law and civil law is considered as exclusion. We study this part as total exclusion and partial exclusion in this article.

During the life of human beings, one of the subjects which have engaged the men's thought has undoubtedly been the issue of employment and working for earning money.In this direction, labor law come to exist and developed in the light of social, economical, cultural..., field while different aspects of relationships between workers and workers, workers and employers,... have been taken into account. Now, Different groups of workers, including women, children, youths and disabled,... are working in factories and workshops, with their own specific problems and difficulties in their workplaces.In this article, among the mentioned working groups, only women and youths have been studied, and in this relation, we have attempted to introduce and refer to the recommendations, conventions and the other international concerned documents. The subject has also been studied in Japan, Korea, India, Egypt, United Kingdom and Iran. As a whole, an intensive attempt has been done to present a good and precise work while referring to the weakness and power points of each legal system in the concerned issues.As a final point it is worthy to say that, while we have given some suggestions and guidelines, we have also highlighted some positive and considerable points in the legal systems of the said countries for the reason of applying them in our labor code, in the case of possibility of the revising it.

Successors of contracting parties are persons who principally or by their representatives or not involved in concluding a contract, but contract's effects, with the whole or a part of parties patrimony, or the subject of the contract, will be transmitted to them, by the effects of contract. We mean the obligatory effects, i.e. rights and obligations. Usually, the successors are divided into two groups: general and particular. General successor is the one who is the substitute one of the parties by transmitting whole or a join part of parties patrimony. But particular successor is a one who has acquired the contractual rights and obligations of transferor will transmission of definite property. In this case, only those rights and obligations are acquired by the assignee which are connected to the property and are necessities and attachments of it.

Nowadays probation propounds as one of the alternatives to imprisonment or intermediate sanctions. A lot of governments in most countries have produced proper constructions and officials to do it. And they have taken more suitable steps towards treatment and correction of no habitual criminals.Although the theory of probation have been appeared in our country since the beginning of this century, but unfortunately after passing about eight decades from the first act, there isn't any proper introduced organization to do it. And naturally the judges of criminal courts don't have enough serious approach with this important issue.It seems that the only way to us, is creating governmental and nongovernmental organizations to cooperate with together. In our country, the strength of public interests in charitable activities, have been proved and must be used.