THE JUDICIARY’S LAW JOURNAL
Year:2016 | Volume:79 | Issue:92|Papers Count:11

According to the fact that rents included in 1977 law of tenant- landlord and possibility of a tenant occupation even after the end of the lease, this probability that business unit might get damaged or destructed over time is not a rare phenomenon. Hence, in this regard, legislator has not solved the problem related to the good will. Judicial procedure is also different from this perspective. It seems that giving an answer to this question is due to determining the rental relationship status after the destruction of the substance because. If we consider the business right as a real right causing the tenant to remain in the leasehold, this right is subject to the object and rental relationship. Of course on premise the destruction in which the tenant or a third party is the agent of loss; however the good will fades away by destruction of the object, the landlord or third person is responsible for compensation from wasting the right of another and civil responsibility point of view. Anyway, assuming the rental relationship to remain and obligation of landlord or third person to reconstruct the object in order to keep the rights of tenant is no longer possible.

The increasing tendency to peaceful uses of atomic energy alongside the fear of proliferation of nuclear weapons and nuclear war led the international community to conclude the 1968 treaty on non-proliferation of nuclear weapons (NPT). The non-proliferation of nuclear weapons, the right to use peaceful nuclear energy and nuclear disarmament are three main pillars of the treaty. However, the concepts, contents and limits of rights and obligations of state parties to the treaty on the pillars, constantly have been the subject of disagreement among different groups of states, notably among Non-nuclear states and nuclear states. The recent challenge on Iranians nuclear activities including the Iran’s right to enrich uranium is a clear instance of these disagreements. This article described the legal nature, its contents and limits of right to use peaceful nuclear energy as one of the main pillars of NPT and then, analyzed the Iranians right to enrich uranium. The use of nuclear energy is a general and inherent right of all states under general international law. However, this right is limited to the non-proliferation and manufacturing nuclear weapon by NPT.

Increases in the number of internal tensions and disturbances particularly in the last few decades have caused States seeing their security and sovereignty at risk. So, they have committed severe violations of the fundamental rights of people. Nevertheless, they ligitimize their activities and claim the observance of International Law. Documents and international institutions governing the behavior of states consider these measures as the exercise of rights violations and greatly prohibit them and declare that internal tensions and disturbances are no longer considered in the exclusive sovereignty of states and to prevent domestic violence tragedies and disasters, extensive and appropriate measures should be taken at national and international level. Therefore, the new approach of the international community demonstrates the extension of the minimum standards of International Humanitarian Fundamental Law irrespective of time and place to any situation of internal tensions and disturbances and other life-threatening emergencies which lead to threat the existence of a nation. In this article, we’ve tried to investigate International rules (customary and conventional) governing the conduct of states during internal tensions and disturbances and their impact on the protection of International Humanitarian Fundamental Law and state authority facing such situations from the perspective of international law.

Tourism is an unavoidable necessity in the international relationship and negligence to this matter would cause undesirable results. Islam has looked after the good effects of tourism thus various verses of the Holy Quran and authentic speeches from the holy imams has focused on the physical and spiritual faces of it through encouraging and commanding about going to travels and trips. Islamic jurisprudence had also determined proper rules for entrance and presence of the people of other religions by using the Quran and "Sunnah" with a look on the importance of this phenomenon. Many arguments about the presence of tourists of other religions can be presented. Whether the citizens of the other religions permitted to enter the Islamic country and inhabit in it or not? How can they transport across the Islamic country? After answering to these questions we should study the problem of their visit from holy places. In this essay, these issues had been argued in the format of three topics: "the entrance of the heathens to the Masjid-al-Haraam", "the inhabitations of heathens in Hijaz" and "the entrance of heathens to the mosques". Studying these principles and total items of their behavior in the Islamic countries is also one of the important parts of this article.

Punishment is of the subjects that has close relationship to industrial evolutions. Penal systems, equivalent to the industrialization of society and appearance of new technologies, are exposed to different transformations. Punishments such as imprisonment, fines, withdrawal of tranquility, forced labor and new methods of execution, more or less, is affected by industrialization and are seriously made ups and downs, as a result of complexity and evolutions of societies. So, in the historical consideration of punishments, it may not neglect the role of industry and technology therein and reduce their evolutions to merely development of philosophical and mental human thinking. The article is to assess long effect of industrialization on the punishment, by an historical review on evolutions of punishments, particularly its some kinds, and establish the theory by drawing and reviewing some historical samples.

One of the principles prevailing over the mix trial systems is dominance of principle of separation of prosecution from investigation in pre-trial stage. According to this principle, investigation of all crimes lies on independent official named judge d' instruction and prosecution of the offences, after performing the pre-trial investigation lies on prosecutor. In accusatory systems, all both of the prosecution and the investigation of the crimes is carried out by the prosecutor. In the former systems, because of the presence of the investigator, prosecutor or the other judicial ones as prosecutor, restrain from intervening in investigation and by the end of investigation, the prosecutor takes over the prosecution of crime in the court. Iranian legislator, although in recent developments in this field accepted the inquisitory system in pre-trial stage, but never has been bounded to the absolute separation prosecutor from investigator that is determination of mix hearing system and in many times, deviated from this principle so that in criminal procedure code 1392, expanded the scope of deviation from this principle and as well as prosecutor, qualified the other judicial ones for performing the pre-trial.

Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative competence. This situation that required to resolving the vagueness of its dispute settlement procedure has not concerned in 2008 act about CRC and caused some difficulties on the possibility or non-possibility of attack on its or public tribunal judgments which later is rendered after appeal such as revision and tired persons apposition. This is the subject of this paper.

The theory of separation of powers is one of the most important concepts in public law that was stated for the first time by Montesquieu. Different and various conceptions and traditions of this concept have been created in different countries. Iranians became familiar with this concept during constitutional revolution through writings of intellectuals, and referred to it in Constitution. In this essay after a short consideration of the concept of separation of powers, we will investigate Iranian's experiences with this concept in the writings of intellectuals and clergymen and important experience of the first parliament. One of the main challenges of the first parliament was regarded to the separation of powers, because there were no clear guidelines for various bodies of newly created form of government. So, members of this parliament debated different issues, like the relationship between Executive and Judiciary and responsibilities of ministers.

The main purpose of this paper is to study the effect of mechanization of the judicial system on job satisfaction of employees and client satisfaction in Kermanshah courts with a comparative view to the traditional system. This research can be categorized as applied, and it is based on correlational analysis of non-experimental data. The data were collected through two questionnaires and were analyzed using the SPSS software. The statistical population was Kermanshah courts and the sampling was based on Cochran's formula. The number of participant employees were 120 and that of the clients was 130. The data analysis was done descriptively as well as inferentially. The hypotheses were analyzed using the t-test at the significant level of 5%. The results indicate that mechanization increases job satisfaction of the employees and client satisfaction at a confidence level of 95%. In order to improve the present conditions, it is suggested that a computerized system be developed to register and track files.