THE JUDICIARY’S LAW JOURNAL
Year:2012 | Volume:75 | Issue:76|Papers Count:8

Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), judicial) adjudicative) and executive. Legitimacy of these jurisdictions depends on historical, philosophical and conceptual view to jurisdiction in public international law. We can gather pro and anti views to the legitimacy of extraterritorial jurisdiction in academic legal texts. However advocates of extraterritorial jurisdiction don't deny the undesired consequences of this jurisdiction. So it is important that we find a proper solution for problems of extraterritorial jurisdiction. It is suggested that 'Extraterritorial international jurisdiction' and 'modified universal jurisdiction' can play a role instead of extraterritorial legislative jurisdiction and 'transnational law' and 'mutual legal guarantee' can play a role instead of extraterritorial judicial jurisdiction.

Governing the good faith principle in the pre-contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and also preserve the confidential information confidentiality and not doing parallel negotiations, so they meet the interest of each other.The Iranian positive law has not any specified Act in the acceptation of the said principle as a general rule. Although, it is possible to use the criteria of Article 8 of civil liability law and other provisions, to proof the binding of observance the good faith in the execution of all rights and obligations in all stages including pre-contractual stage, but this manner is not satisfying the legal community in accepting this principle as a general rule. By considering the social and economic necessities therefore the Iranian law should accept this principle clearly.

Pornography, that means presentation of explicit sexual scenes in an artistic or literary work, is a phenomenon that, due to it's countless destructive consequences on public and individual chastity and morality and also on family circle, is criminalized in the law of many of countries. In the Iranian criminal law several behaviors relevant to the pornography had been criminalized, if there are other circumstances relevant to perpetrator, victim, recipient of these works, matter of crime, instrument of commitment, and also existence of mens rea, provided that these actions do not committed for the scientific purposes or each other reasonable interests. Most penalties considered for these offenses are whip, prison, fines and deprivation from social rights, but in some cases legislator grants to the judges an authority for assignment of perpetrator's act to the corruption on earth (ifsad-fil-arz) and sentencing of execution. This article, for better preservation of society from harm of pornography and also preservation of citizens and defendants's rights, reveals the necessity of codification a comprehensive code regarding to the pornography and abolition of current sporadic and opponent laws to remove ambiguity from them.

When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting the right and obligation, criminal law also will not interfere. To eliminate this dispute, it will be accepted the arbitrator and accept his award. This arbitrator is the "principle of criminal law independence" and his attraction and repulsion. the principle that on the one hand, prohibits excessive development of criminal law and on the other hand, to invoke the presumption of innocence irregulary. Perhaps, it will be say that the rules of contract will not follow in criminal law, even as the principle and only should be interpreted with regard to the objectives, features and special foundations of criminal law. This paper shows some results about relation between contract and criminal law.

The amendment to Article 3 of the Public and Revolutionary Court Formation Act, the Public and Revolutionary Prosecutor's offices were rebuilt as part of Iran's judicial system. However, the inclusion bodies of this organization in the form of an article to cause confusion. Among other issues, discussed briefly the status of Solicitor General is controversial. Legislator in the authority and duties of Solicitor General, how to research, comment and his relationship with other officials and prosecutors is adequate to lay a limit clause and a provision and has decreed that all Solicitor's decrees should be in agreement with Prosecuting Attorney. If they differ, the Prosecutor runs. The question is which of the decrees should be according this sentence and if the prosecutor is opposed, how will be more research. For the answer, should be determined how the relationship between the Solicitor and Prosecutor. Objected to the prosecutor's void the Solicitor's decrees that are about possibility of prosecution. But if Solicitor decree at the essence, the Prosecutor can't compel him to change. So the Prosecutor's decree will be done by another assistant.

Natural obligations is one of various kinds of obligations that there are different viewpoints on its basis and nature. these are obligations in which, the obligee has no claim right but if the obligor voluntarily fulfilled the obligation, his/her claim for restitution will not be admissible. the question here is: what is the legal nature of natural obligation? what are its instances? And which legal rule) from economic principles) is more efficient and desirable about such obligations?Using the jurisprudence juridical and economic principles, can said that, prohibition of unlawful possession or prohibition of unlawful utilization of a property is the best legal establishment that illustrates basis and nature of natural obligations. Moreover, time lapse debts, leniency contracts debts, denied by oath, debts related to credibility of judgment and kinfolks (relatives) past alimony can be counted as instances of natural obligations. Also observing social costs, provisions of article 266 of civil code on inadmissibility of claim for restitution of debtor who has paid the real debt, as a legal source in natural obligations is efficient.

The judiciary is duty-bound to assure the achievement of fair trial so that all equally enjoy the independence, impartiality, soundness and competency in trials and perceive its existence. This goal can not be achieved only using fair laws and capable judges. In the last intention of legislator for applying such supervision entitled "Judges' Behavior Supervising Law", the goals like variety of disciplinary replies, observing the private limits, unification of violations examining by-laws, arranging the regulations on the issue of the judges' disciplinary suspension and their occupational promotion have been taken into account. Herein, when dealing with the provisions of this law, the achievement rate of the said goals is studied.