Journal of Comparative Law
Year:2011 | Volume:7 (17) | Issue:1 (85)|Papers Count:8

Law usually is taken into consideration after that it is made. But a law also has abstract bases that after making law we look for those bases to find the purpose of legislator and making an authentic interpretation of law. But the will of legislator, firstly is said by means of words, so language is the way through it we reach meaning of Law, in other word language is the way that through it Law is manifests itself. Therefore it is worthy to study the effects of linguistics features on Law when it is maid or interpreted. For the first step, connection between Law and Language should be clarified. Language, itself, is explored from a different kinds of perspective (e.g. philosophical, linguistic, semantic…), two recent centuries, linguistic views in philosophy have been dominated and it shows its importance. Furthermore, use of linguistic branches is developing in humanities. Also in Law, nowadays, many researchers have a linguistic aspect. This essay is going to introduce this perspective, the viewpoint that problems of law can be studied from linguistic perspective.

The subject of liability insurance contract is the insured's liability debt. The insurer's obligation to indemnity is realized when within the contract term, damage is incurred by the insured. But according to claims-made clause (reclamation clause) the insurer's obligation is realized just when the first claim is made in the policy period, though damage itself, or the act causing it has been made before this period. This clause has been encountered with doubts and criticisms by French jurisprudence which is possibly due to misunderstanding about its real nature. Accordingly, this article has focused - after a preliminary representation of The Clause- on explanation of the Clause's legal nature in France and Iran.

Enactment of Consumer Protection Act 2009 and Car user Protection Act 2007 is harbinger of a fundamental change in product liability system in which classic rules have been adapted and following of its rules has been modified upon necessity of observance of public interest and protection of the weaker party. In this paper we will analyse aforementioned acts in the light of comparative studies in other legal systems. Firstly, the base of liability for defective products, then scope of responsibility of producers will considered to find the effect of these acts on product liability in Iranian legal system.

This article aims at examining and critiquing Kelsen's theory of International Law based on the “Pure theory of Law” and his epistemological readings of Kant. It purports to answer the question to what extent Kelsen's views on International Law are consistent with Kant's theory of epistemology and the Pure Theory of Law.

International criminal law for interpreting its basic concepts and its fundamental subjects is owed to municipal law of countries, specially civilized countries. Municipal law in compare with international criminal law has a longer history and so international criminal law actually notice to municipal law for setting international agreements and conventions. Also we could see this notice in judicial processes at international courts. On the other hands, we could not deny that municipal law accommodates more detailed and widespread rules and regulations than international criminal law. At following, we will discuss about some samples of justifying grounds in the area of international criminal law, such as lawful defense, Necessity and superior order.Also remember that, adopting the theory of municipal law followed by international criminal law, provides the possibility of reference to municipal law in situations which there is lacking, brevity or ambiguity of international criminal laws.

In spite of the fact that sports involve a large number of risks and accidents, the damages and losses caused by sports have not been included in the rules of liability because they have been considered as integral part of sports.This article tries at first to deal with the foundations of the lack of liability of the athletes from the perspective of the law and then from that of the Fiqhi. This attempt will provide the ground for proper understanding of the scope of the athletes’ liability as well as making proper regulations in the Iranian legal system.

Despite the fact that the terms "Discrimination" in general and "Discrimination against Children" in particular are very widely used, these two terms are not defined in the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) nor in the Convention on the Rights of the Child (CRC).But this doesn't mean that there isn't any definition, although general/ imprecise one, of these terms in the international human rights instruments.In different and various documents that deal with discrimination in specific concepts and certain issues have developed as well as various definitions of the term "Discrimination" but from the same perspective are presented. Through a comprehensive comparison, and much abstraction and then abolish the separate definitions of the feature definitions, can be the general definition-that credit can be claimed by international system of human rights-achieved.This article will first review definitions of the term "Discrimination" in particular human rights documents, then explore the role of human rights supervisory institutions, in explaining the principle of non-discrimination and will finally proposes a definition for the term "Discrimination against Children" and explain the four components and constraints of this proposed definition.

Homicide has been divided into three kinds: murder, quasi intentional murder [quasi-deliberate crime], and unintentional homicide. It may be said that what is shared by these three kinds and upon which these three kinds are divided is crime [resulted in bodily harm or less of life]; and by crime we mean a willful action committed by someone to damage some other one, some animal, or something. Now, if one's death is related to some other one while the latter has done no willful act (for example one may commit homicide while he is asleep), or has done some willful act but without an intention to damage others (for example digging a well to gather rainfall), the homicide should be considered as a kind other than the above three. Here we face a new kind which we call the class of guarantee of lives"[zamane nofus].