AZAD LEGAL RESEARCHES
Year:2008 | Volume:- | Issue:3|Papers Count:7

The subject of marriage with foreigners is always discussed as a matter that we should decide about it, according to different circumstances.There are two theories in this subject: Some legal systems insist on unity of nationality, to protect family. Some others have accepted independence of nationality, to observe equality of man and woman. In Iran the opinion of legislator in this subject is different when an Iranian woman is going to marry with a foreign man, and when an Iranian man is going to marry with a foreign woman. In 2006, ministry of foreign affairs had proposed to the parliament an amendment to article 976 of Civil Code, about the clang of nationality of foreign woman who has married with un Iranian man (imposed nationality). But the parliament has rejected it, and approved again the theory of unity of nationality.

La nullite est la sanction de l’inobservation d’une condition de validite d’un acte juridique. L’acte annule est cense n’avoir jamais existe.La nullite d’un acte de procedure s’apprecie d’apres Le droit en vigueur au moment ou cet act a ete forme.Il y a loin de la cause de nullite consideree abstraitement au prononce effectif de la nullite. Quatre etapes doivent etre franchies. Dans une premiere etape, il faut qualifier les causes de nullite. Dans une deuxieme etape, il y a donc lieu de se demander la place que le code de procedure penale reserve au principe apas de nullite sans griefn. Au-dela, il importe de connaître comment ces causes de nullite peuvent être mises en œuvre et de mesurer, en fin, la portee de l’annulation.

In Iranian law, there are no express regulations on the endorsement of commercial Instruments by an agent. But, this kind of endorsement is valid and in the case the agent has the power to endorse and mentions his position and the principal, he will have no liability towards the holder. in this case, the principal only bears the responsibility.In Geneva uniform jaws on bill of exchange and promissiory note and chech, the endorsement by an agent is not expressly mentioned. But, as regards the conditions for the liability of the agent and principal, by analogy the regulations on the issuance of bill of exchange by an agent are applied and it can be said that the liability is the same mentioned in the Iranian law.In English law, in contrast to the Geneva uniform laws and the Iranian law, the endorsement by representation and the liability of the principal and agent have been expressly mentioned. If the agent endorsed the instruments on behalf of, and discloses the principal, in the instruments and at the same time has the power to do so, then he will not be held liable towards the holder. In this case, the principal only bears the responsibility. In the English law, in contrast to the Iranian law, a third party with good faith enjoys full protection.

Under the Iranian constitution and the Criminal Code of Procedure, Judicial authorities and officers of the Court possess certain powers to carry on or to complete investigations in criminal cases and matters hence; after arresting the accused, there is a power to keep and confine the accused under arrest in a certain specific place where he is under protection and control.Obviously/ Keeping the accused under confinement and custody without Legally charging him with a crime and without issuing a writ or any other specific legal decision, strictly on an order of the officer of the court, specially in “Obvious and blatant crimes”, and with the order of a Judge in cases he or she deems necessary, the accused will be kept incarcerated.Confinement of the accused is in any event a form of imprisonment, hence a violation of Personal freedoms and this is in contradiction with peoples civil rights, freedoms and self security. On the other hand these attempts to restrict the accuser’s freedoms may come from wrongful intentions. At times the 24 hours limit at lowed under the Law to detain the accused may increase to 48 hours for certain reasons and times with an order an order from a Judge to 120 hours.Under the Iranian Constitution and the Criminal Code of Procedure, Judicial authorities and officers of the Court possess certain powers to carry on or to complete investigations in criminal cases and matters; hence; after arresting under arrest in a certain specific place where he is under protection and control.Obviously; Keeping the accused under confinement and custody with out Legally charging him with a crime and with out issuing a writ or any other specific legal decision, strictly on an order of the officer of court, specially in “Obvious and blatant crimes”, and with the order of a Judge in cases he or she deems necessary, the accused will be kept incarcerated.Confinement of the accused is in any event a form of imprisonment, hence a Violation of Personal freedoms an this is in contradiction with peoples civil rights, freedoms and self security. On the other hand these attempts to restrict the accuser’s freedoms may come from wrongful intentions. At times the 24 hours limit at lowed under the Law to detain the accused may increase to 48 hours for certain reasons and at times with an order from a Judge to 120 hours.