THE JUDICIARY’S LAW JOURNAL
Year:2013 | Volume:76 | Issue:80|Papers Count:11

The developments of trade, economic liberalism, and, as a consequence, the appearance of economic powers, have introduced an intense difference between rich and poor classes. The opportunity of economic power bears the ability of exploiting poor classes. The need to food, treatment, and other essential needs like education and employment, forces weaker classes into contracts which in spite of being seemingly accompanied by free will, may look quite unequal and oppressive in the light of constraint.Imposing unequal economic contractual terms causes the fans of justice to react against unfairness. Although the constrained protection necessitates recognizing the contract he has entered into, if there is a suspicion of unfairness in a contract, the constrained protection can express itself in a different manner.The subjects of this article are the approaches of the constrained protection, equalizing the contract, and omitting unfair and oppressive terms. These are not indefensible in the thoughts of Muslim jurisprudents and the Iranian legislation system.

According to Article 12 of Check Drawing Act, drawer of check can pay out funds of check and delayed payment penalty to the holder of check or provides causes of payment of them, in the middle of criminal procedure, even after issuing definitive judgment, and thereby causes to cease the criminal procedure or enforcement of judgment. The Article makes this image that to cease criminal procedure or enforcement of judgment, the drawer must pay the delayed payment penalty with the funds of check whether the delayed payment penalty was claimed, according to rules of Civil Procedure Act, by holder of check or not. But on the base of civil nature of delayed payment penalty and the necessity of demanding of it, the Article 12 of Check Drawing Act must be applied when the holder of check has demanded the delayed payment penalty whit funds of check according to circumstances required by law. Therefore, in the case that the holder of check has not demanded delayed payment penalty, the criminal procedure will be stopped if the drawer of check pays out only the funds of check to holder, also if the funds is paid after issuing final judgment, the enforcement of the judgment will be stopped.

Most of the European and Islamic law terms seem to be similar in nature because of the similarities in their terms (expressions). But a closer and more careful look at these terms reveals that although they seem to be similar to each other, they have different meanings. Including these terms is the principle of innocence (asle baraat) in feghh which is GOD-oriented whose correspondence in European law is the presumption of innocence which is due to the Western-oriented way of thinking. By careful investigation we will find that these terms each have different realms and functions in base and consequences including difference in subject, the people affected, the people included, the type of doubts, the realm off rights and bonuses, the person in charge of decision, and the results obtained.

Formation of the legal transaction and its constitutive elements and also the defects which may occur to the volition during its constitution are among the main issues of law and jurisprudence. Among the considerable arguments in this area, is the conflict of external and internal volition in creating the legal act, so as to decide which one is considered as principle and dominant. Though the external and internal volition are frequently in accordance with each other, they don't match to each other at some time. So, in such a case, what aspect of volition should be considered as criterion? Discussion in the area of domination of the external or internal volition are among issues which has significant consequences having regard to validity and voidness of legal acts and to the interpretation of contracts and unilateral legal transactions. Through the looking over the legislative system, judicial precedent, the views of scholars both in law and in jurisprudence, and prevailing attitudes regarding this debate in legal systems, it seems that contrary to the thought of those who suppose it is the internal volition which is principle and think the external volition confirmative related to the proving process, external volition in some areas contract law is debatable and has original, protective, instructive and supervisory role.

According to civil law and jurisprudence basics, determination of price is one of the essential conditions for creation of sales contracts. The issue has been considered in the laws of many countries. In some countries such as Uk Advanced rules has been passed by which ability of specifying and even failing to specify the price does not cause to invalidity of sale contract and the price can be determined by counter party or a third person, While in the Iran law system, according to dominant view it has been argued on specifying the price at the moment that the contract is being concluded and impossibility of conferring it to others. Rare opinions exists between jurists and jurisprudence specialists which has more application as to social and economic necessities by which in some cases avoiding to determine the price or conferring the issue to the other person would not cause any damage to the validity of contract.

Boundary is a political factor which segregates people of different countries physically and mentally and affects their legal relations. Governments, in their territories consider some rights for their citizens, which foreigners are deprived of them. Mutually, citizens of a government have certain duties that non-citizens exempt from them. An instance of such relations in Iranian legal system is obtaining security from foreigners when they bring a suit against an Iranian citizen, in order to recompense probable damages to defendant in case of frivolous claims, which is mentioned in article 144 of Civil Procedure Law for public and revolutionary courts in civil matters. The matter of this paper is whether stateless persons have to make such deposits or it's unfair to ask them; since there is no letter of the law in this case. In the following, we have reviewed both ideas and found out that exemption of stateless persons from the deposit is more preferred.

future contract is one of the financial derivative instruments the public offering of which in Iranian capital market has been recently begun on a limited level by virtue of section 1(11) of Securities Market Act 1384. Recognizing the necessity of making lawyers acquaint with such new financial instruments, this article seeks to analyze the function of guarantee deposit, the position of exchange house and the ways to terminate such contract. Moreover, the explanation of nature and validity of the contract will be contemplated in this article. The explanation of nature of future contracts on the basis of section 10 of Iranian civil code and the reject of and answering to some criticisms raised in respect of this kind of transactions such as their deviation from the philosophy, the lack of any incentive to the delivery and take-over, being such transactions as a Kali Be Kali one (as named in Islamic law) and their being as a gambling transaction, may be noted as this article’s results.

The Judiciary power has a duty to Prevention of crime and Rehabilitation founded 156 prinaple constitution in Islamic Republic of Iran. This Criminological duty is recognition in Developing. economic, Social and cultural five Program Act. This duties have many aspects with to give attention to a few those. This Paper study Foundatian and criminological duties of the Judiciary Power in Developing economic, Social and cultural five Program Act for analysis legislative power discourse in the context.

Following occupation of Iraq by foreign forces in 2003, Abu Ghuraib prison near the Baghdad, became a local for keeping the opponents and protestors of occupation. During keeping prisoners in this jail, many mistreatments were against them by the American military that was charge of the Bureau of Prison. Some of these measures were Torture and war crime.To prosecute and punish defendants of these crimes in criminal justice, there are several judicial mechanisms in national and international levels that of which it can be noted the role of the International Criminal Court. In this paper, studying competency we stressed obstacles and limitations confronted each of these bodies, that national courts in raising the flag of combat with impunity has noble and considerable status.Finally, we reached this conclusion that Iraqi court as a competent court of occurrence the crime and the courts of third countries from the perspective of has suitable situation for prosecute and punishment defendants these wretched incidents.