Journal of Judicial Law Views
Year:2019 | Volume:24 | Issue:85 |Papers Count:10

Transnational trade usage is the most important source of international commercial law which is based on the course of conduct and practices. Despite the acceptance and application of trade usage in commercial relations, there are some ambiguities regarding its nature, identification and its binding force as a legal rule in national courts procedure. Lack of an international legislative body in international commercial law strengthen the stand of trade usage as source of law. Today, reflection of the transnational trade usage in international conventions and documents has reduced doubts about their credibility and reliability; hence, tendency to accept and enforce the rules of trade usage in commercial relations has increased. In Iranian legal system and practice of national courts, reference to and application of trade usage and Lex moratoria in commercial case have increased. Also in civil code of Iran, it is possible to refer to the trade usage as applicable law and agreed by the parties to a contract. This statement could be a legal base for resorting to trade usage as the law governing the dispute by courts. Iranian Commercial code, in many cases, is demonstrating the commercial trade usages. In this study, while reviewing the content and characteristics of trade usage, the legal bases for acceptance and enforcement of them and the judicial approach towards this issues will be examined.

Performance means that less expensive countries to achieve the highest goals, given the limitation of resources, than it is of great concern. Moreover, the performance of a pattern or model of governance in achieving its objectives show the performance of each model of governance is lacking and the application is worthless. As one of the purposes of these regulations, the decision of the judicial system can also be considered. The stated goal of the judicial system (156) during the rule of law, justice and rights, but based on what the indicators and criteria of justice is this? Performance indicators and benchmarks in providing some of the observing public order (public policy) is. So efficiency is an economic concept and the attitudes Hqvqvaqtsad is considered as one of the objectives of the law and effective judicial system can be used more efficiently. In addition, this rule can be expected to provide results of judicial decisions.

The Rotterdam Rules, among the international maritime transport conventions, was the first one that assigned one chapter to the obligations and liabilities of the shipper, and invented the new concept of documentary shipper. Since the concept of documentary shipper is invented for the first time in the Rotterdam Rules, in this paper, has been raised the legal status of the documentary shipper and has been evaluated the basis of his liability of the carrier as well as the obligations and the liabilities of the shipper. One of the features of the Rotterdam Rules is to outline the most important obligations and responsibilities of the shipper. These rules discussed in this article: “ delivery for carriage” (Article 27), “ cooperation of the shipper and the carrier in the providing information and instructions” (Article 28), “ shipper’ s obligations to provide information, instructions and documents” (Article 29), “ provide information for compilation of contract particulars” (Article 31), and “ special rules on dangerous goods” (Article 32), which are discussed in this article. The civil liability of the shipper and his basis of liability are always important issues on transportation concept; this responsibility is in fact a violation of his obligations. The Rotterdam Rules has been subject to two different bases of liability (fault based liability and absolute responsibility) in different situations. Article 30 of the Rotterdam Rules explain the basis of liability of shipper to the carrier in three clauses, and it follow fault base liability and absolute liability.

Debt purchase contracts a kind of contract in which the long term debt of debtors is bought with a price less than its real price by debtor or a third person. Although there are a wide variety of opinions about the legal status of this subject, it is accepted in most cases. Nowadays, considering the existence of a broad range of debts and the contracts based on them, and also employing the mentioned contract in society, it was necessary for the legal status to look for its permission, conditions, and effects. Finally, in 1389, after submitting the proposal by the juridical council and defining debt purchase and its functions in bank system, the mentioned contract was included in 98th article of 5th development plan and its executive recipe have mentioned some rightness conditions of debt purchase contract such as being real, being able to liquidate, and so on. Therefore, nowadays debt purchase contract is considered as one of the financial tools and credit supply resources in banking law and some banking contracts could be made in the form of of debt purchase such as: credit contracts, deposit and bank loans, credit cards contracts.

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and the desirable security of the parties is of utmost importance. Although acceptance of these principles in Iranian law accompanys some limitations, especially regarding the freedom of choosing the remedy of termination and seeking recovery prior to obliging to fulfill the exact obligation, but the importance of quickly determining the fate of transactions, decreasing the damages and the volume of claims and actions, necessitate to look at the remedies for breach of obligations as away or a means, and that the injured party could select the proper remedy according to the amount of desirability of contract and according to the circumstances surrounding it, and could decrease the negative effects of non efficient remedy, undertaking of the injured party to confront the damages emphasizes on this point, so in present article, as a result of analyzing the efficiency of the Expectation Interest Theory and its efficacy of economic complexities of some if the statutory remedies, it is to be dealt with the necessity of consideration and acceptance of the well-known and identified principles at modern European law in Iranian law including the principle of Equivalence of the Remedies, so as be attained the highest amount of efficiency

Studying and exploring the patterns governing each subject leads to a systematic categorization of that subject and a better explanation of the developments of that subject in the course of history. Responses to the delinquency of children and adolescents in response to the delicate and vulnerable attitude of these people has undergone various developments and has seen various policy-makings by legislators. Given that the proper conduct of the judiciary for children and adolescents, due to its high importance, requires specific patterns and procedures, in order to anticipate special legal proceedings, the judiciary for children and adolescents in This is the forerunner for litigation and prosecution for children. The most important models for juvenile justice in the world can be looked at in three patterns of legalization, welfare and participation, and each model, like other patterns, has a specific basis that the selection of the most desirable model in each country is subject to policy. The criminal is that country. In this paper, in addition to explaining the most important models of responding to the delinquency of children and adolescents in the world, we examine the effects and conclusions of each of these patterns in order to determine the prevailing pattern of our country's criminal policy regarding the delinquency of children and adolescents.

Abstract: By creating a bank account agreement, an account is opened under the name of the applicant in the name of the bank. In accordance with the provisions of this agreement and the intention of the parties to the contract, the bank undertakes to accept all the funds the account holder or third parties intend to deposit into this account with the account holder, and, accordingly, the account holder has the right to deposit funds into this account Will have. The same funds are deposited in the account of the bank and the bank shall receive the equivalent of the received funds due to the owner of the account. Therefore, the owner of the account will have the right, at any time by issuing the checks, to demand the same funds from the bank, and the bank will be obligated. Among the above obligations, only the obligation of the bank to accept the transfer of funds is accrual and only due to the conclusion of the contract is made and payable, and other obligations contained in this contract are suspended for the deposit of funds and are not due to the conclusion of the contract and are not required This paper examines the contract for the formation of a bank account as well as the general and specific terms and conditions of this contract.

On April 14, 2018, the United States, Britain and France launched missile attacks on specific targets in the Syrian Arab Republic, including the provinces of Damascus and Homs. According to coalition of three states, these attacks were followed by the Syrian government's use of chemical weapons and targeted solely against its chemical weapons facilities. What have in the days after the act been at the forefront of international law theorists and politicians, were the legality and legitimacy of the attack. Emmanuel Macron calls it legitimate and legal, Theresa May calls it legitimate and moral and Donald Trump considers it necessary, on time and human. At the state level, a few states condemned the action, some supported it, and the majority did not take a definite position. Lawyers also expressed different opinions: Some considered the attack as a clear violation of the three permanent members of the Security Council not only to Syria but also to the international law; some also justified the attack and argued for legitimacy. The present article is intended to analyze the attack in the context of public international law.

Impleader claim is one of ancillary suits which permit to the parties to implead third person to the action and became that person one of parties. The Iran civil procedure code, unlike some other countries for example Lebanon no attention to purposes of Impleader claim and in Article 135 the subject is expressed in general terms. With attention to generally speaking of this Article and referring to some other rules such as Considering third person as a party of the claim, preventrenewed and repeated claims and as a result, to eliminate the issuance of conflicting orders, It can be said that in a wide range of casesThere is possibility of usingImpleader claim. Therefore, the original plaintiff may implead third one and seek his conviction to original or related trials demand, also the defendant with impleader claim, may cause third persons convictionIn favor ofhimself(defendant) or plaintiff. In addition, impleader claim can be a preliminary and auxiliarymeans to win the principal lawsuit witch sometimes mentioned as auxiliary impleader claim.

Penalization & treatment have been proposed in criminal justice system. In the last decades of the twentieth century, penalization system has been seriously criticized, the approach that gives no significant role to all stakeholders of crime. Particularly victim, who is merely, means to prove the crime. Theory of treatment the offender / rehabilitation also, mainly criticized with the lack of effective action or operation in the fight with criminals and false kindliness to them. Following the criticism, restorative justice as a new model / paradigm / approach of criminal system appeared. This approach concentrates to improve the effects of the crime on the victim and not the main focus on the sovereignty as a victim. The present research wanna to have a pathological view about this paradigm as one of the main types of participatory criminal policy to present the ways amount to the most successful results of restorative justice in practice.