Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    11-30
Measures: 
  • Citations: 

    0
  • Views: 

    1217
  • Downloads: 

    0
Abstract: 

Award to the wrong verdict must be prevented, so check for the annulment of the award directions, and reviews examples of the rights of cancellation of the same or different and UNCITRAL rules, and familiarity with the annulment of the mechanisms of health Amrdavry would be necessary. The study consists of three chapters, the first chapter is an overview of the concepts discussed. inference is consistent with the rights of cancellations. In the third chapter, the competent authority of the revocation and annulment of the arbitration award in the case study at the end of the revocation expressed. Due to the reliance on the provisions of the Convention in New York to protest the UNCITRAL Qvaddavry verdict was given and the cancellation of these rules can be extracted Such that it can be traced to a lack of conflict resolution rules. And according to the law of international trade is also inspired by the UNCITRAL Model Law Therefore, it has the closest match possible, and in some cases, in addition to the revocation of voting rights cases such as the award was mayhem. Relating to the validity of arbitration agreements, subject to Article 139 Q. a. It seems to sum up the different views Cancel. The invalidity of the arbitration agreement which they concluded that no principle is the end that this is the cause for annulment of arbitration award. Annulment of the decision of the competent authority to deal with the case in a court of law, civil procedure, which shall be submitted to arbitration or jurisdiction over the party's And the law of international commercial arbitration court in the provincial capital, the seat of arbitration is located And as long as the seat of arbitration is not specified Tehran General Court.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    31-50
Measures: 
  • Citations: 

    0
  • Views: 

    1038
  • Downloads: 

    0
Abstract: 

Apathy is one of the serious social damage that ignoring it and not taking the necessary measures to prevent it hinder the dynamics and development of the society. From sociological point of view, apathy is a kind of social disease, and on the other hand, social interest and friendship are signs of the dynamics and health of the community. Children make up a large part of the world's population and are among the most vulnerable members of the community. Unfortunately, in recent years, the phenomenon of child abuse has become widespread and therefore the special attention of authorities and lawmakers to their problems and problems and the anticipation of strategies to prevent the spread of crimes against children is necessary. Combat with social apathy to the child Abuse by means of its criminalization has been one of the important solutions that has been considered internationally by lawmakers from different countries. Therefore, the main objective of the paper is to examine the issue of the criminal law of Iran in the fight against apathy to child abuse through a comparative study of the criminal law of the US Texas. With regard to the prevalence of child abuse in that state, legislators have initiated initiatives to combat social apathy through special provisions. As a result of this research, it is easy to understand. Iran's criminal laws have deficiencies and imperfections that need to be reviewed and reformed.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    51-78
Measures: 
  • Citations: 

    0
  • Views: 

    950
  • Downloads: 

    0
Abstract: 

Criminal Justice Management, with a human rights and participatory approach, while maintaining restorative perspective in process of crime control, seeks to reduce criminal population, files density and the costs of criminal justice. Therefore, when prosecution, sentencing or punishment is not necessary, granting a offender an opportunity to reform, treatment and rehabilitation and criminal act committed is not serious and important, the criminal policy, minimal intervention and criminal tolerance is taken. Our country, meanwhile, has not far from change and evolution, adapted from the countries of France and the United Kingdom, based on the necessities and findings of criminal law, including alternative sentences (especially short-term imprisonment) in approving criminal laws paying attention to advocacy and given opportunity institutions such as suspension of prosecution. In the course of legal changes, with approved the Islamic Penal Code and the Penal Procedure Code of 1392, in addition to the changes in the institution of suspending the execution of punishment, while paying attention to institutions such as deferment, suspension or non-prosecution, are based on the "criminal leniency" approach of new institutions such as deferment to sentencing, archiving file, and so on. The deferment of sentencing institution is connected with many criminal policy concepts, such as: human dignity, individualization of criminal justice, expediency, DE penalization, restorative justice, circuit victim and offender, and so on.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    79-114
Measures: 
  • Citations: 

    0
  • Views: 

    625
  • Downloads: 

    0
Abstract: 

With the expansion and enhancement of social relationships in the current world, the key role of human creativity and innovation in advancing and improving the lives of societies has become even more pronounced but despite the great importance of the phenomena resulting from these creations and the great role which they play in a wide range of economic, social, cultural, political dimensions in the world, Necessary and adequate legal protection at the domestic and international level of these phenomena and related rights has not been made. One of the main reasons for the lack of these necessary legal protections of intellectual property is the lack of proper recognition of the features and elements of this property and their identification and separation from other property, which has led to the inability to identify the rights and supports appropriate to such property and Lack of legal and effective legal regulation. Therefore, in the present article, the concept of intellectual property and the elements of their differentiation from other assets has been determined and explained, and existing ambiguities regarding the concept, nature, dimensions and elements of intellectual property have been resolved in order to better understand This category of property can provide appropriate rules for the protection of intellectual property and take an effective step towards justice.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    115-137
Measures: 
  • Citations: 

    0
  • Views: 

    500
  • Downloads: 

    0
Abstract: 

In the New system of management, guard’ s system is one of the most important issues and indeed predict the future behavior of the individual qualities and identifying perpetrators is risky. To predict the behavior in the future, we rely to the clinical and statistical tools. In this context, a new approach; criminal justice; is shaped in the criminal policy. in this approach, instead of finding a personal causes of social crime and addressing the individual, giulty in the base of characteristics and risk factors are classified as high-risk groups. Using statistical methods and clinical probability is estimated to be offended by him in the future. Law Islamic Punishment Act of 1392 (Article 58 of the Law) consider different criteria than the previous law and with deep understanding of article, however, we learn that in spite of the legislator facilitate Terms of conditional discharge but the prediction of recidivism is also has great importance Therefore, the purpose to predict the probability of committing a crime by his behavior at all stages of the criminal process conditional discharge. The research method in terms of the nature of the analytical method and library and case study The research method of this article is experimental-field and also benefited from the release of prisoners in East Azerbaijan province in 1393, 864 prisons (control group) and in 1394, 805 prisons (experimental group) were studied. The results show that, with comparative Comparing the data of 1394 with 1393, we conclude that Using statistical assessment of the risk of re-offense rate of return prisoners benefited from the leniency parole declined by 5%.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    139-162
Measures: 
  • Citations: 

    0
  • Views: 

    1353
  • Downloads: 

    0
Abstract: 

Investment contracts, including oil contracts, usually contain provisions for extending some of the obligations to the time after the termination of the contract. One of these terms is the condition of secrecy and trusteeship. In the oil contracts, the parties to the contract; during the negotiation, conclusion and execution of the contract; obtain information from the other party that has commercial value and disclosure to third parties to the detriment of the parties to the contract, it is therefore necessary to enter into a contract clause or the conclusion of a confidentiality agreement protects this valuable information. Also, after defining the subject of confidentiality, the obligations and obligations of the consignee or the person committing secrecy must be specified in two separate parts, including those that are committed, and those which are outside the scope of the secrecy obligations, in order to avoid ambiguity and future controversy. In this paper, with an analytical-descriptive look, we define the necessity of the condition of confidentiality and the usual conditions of this condition in various types of oil contracts.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    163-185
Measures: 
  • Citations: 

    0
  • Views: 

    564
  • Downloads: 

    0
Abstract: 

Ownership is one of the vital issues associated with private law, which has become interacting with other branches of science in the course of time. Therefore, it can be said that property, which is a purely private-law category, is linked to other branches of science such as public law. The municipality, as one of the most important institutions that utilizes public power in Iran, should seek to acquire land for the benefit of the public. Thus, basically, two theories of general power and public service justify the actions of municipalities. Public power theory can in some cases violate the rights of citizens, but public service theory can be a guarantee of the rights of the people. Today, public power theory, in terms of its critique, has been neglected and abandoned, and public service theory has been proposed as the basis of municipal ownership instead. The analysis of each of these bases in Iranian law is also important because the general authority embodied in the municipality is rooted in the foundations of power in Imam's jurisprudence. In general, it is not possible to establish a single basis for the ownership of the municipality in Iran; hence, in order to prevent abuse, public power should be considered as a means to perform public services. In fact, the general power of public utility and service is a goal that the municipality must take into account for its actions.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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