LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2016 | Volume:8 | Issue:3|Papers Count:7

In case of murder, in accordance to the holy verses, traditions as well as the consensus of jurisprudence scholars, avenger of blood has the right to demand retaliation, pardon of murderer and compromise on blood money. There is no discussion on this question that "can the parties of the claim compromise on limb retaliation instead of soul retaliation?" It seems that relying on the principles and reasons such as the right of retaliation, compromise ability of the right, analyzability of the retaliation, comparability of the similar cases, religious preference, recommendation of shariah sources to reduction of homicide and retaliation as well as the necessity of life preservation, it is possible to say that such compromise is permissible in accordance of Islamic jurisprudence and legal system; and act to the benefits of the both parties. These article first attempts to state the problem and then to discuss its legitimacy reasons.

Settlement of international commercial disputes requires pay costs that without them, the arbitration is impossible. Although compared with judicial proceedings, arbitration disputes generally less costly, however, in some disputes in terms of the amount requested and the extent of the dispute, perhaps the costs of arbitration is several times more than litigation. What is important for the parties to resolve disputes through this mechanism are economically feasible to use this method is preferred. For this purpose it is necessary to defined all kind of costs and its assessment be regulated, until it is predictable for each of the parties. In this study, we have tried to explain the concept and types of arbitration costs, the allocation of costs between the parties and the important question to be answered, that if one of the parties refuses to pay his share of the cost, what will be the fate of arbitration?

The breach of contract usually results in a lot of damages. But it is impossible to compensate all of these. Most of legal systems don't compensate remote damages. Remoteness refers to damages which are far from proximate cause. This article analyses the test which recognized in some major legal systems. In fact we use a methodological study about the issue. Legal systems commonly adopt two attitude to recognize remote damages. Some adopt the test of "foresee ability of damages" and others recommend the test of "causation". We believe that basically, "causation" is more fundamental and systematic than other test. Based on jurisprudence and legal, in the Iranian legal system, recent theory to detect direct and indirect damage is acceptable.

As to causes of civil responsibility, ta,addi or tafrit are mentioned as independent causes. Article 493 civil code of Iran, about rent and also art. 1238, about the responsibility of guardian, seem to say that the liability of guardian and lessee is absolute and need not to proof the causality relation when they are acting in such a manner of ta,addi or tafrit. A lot of jurists and Islamic juristconsult have tendency to this viewpoint. This essay believes that such viewpoint is not consistent with the legal principles and justice rules. So this article prefers the interpretation which requires the existence of causality requirement. Such liabilities need proof of causality relationship.

The present research aims to answer the question, that is what has been the relationship between social & political contexts and development in laws & regulations of electoral systems in Iran's constitutional era? The main hypothesis is that, the main factors in shaping to The foundations of electoral systems in national consultative parliament and its triple changes have been compounded of: ideology, balance of power and class structure of society, economic foundations, common law and tradition, kind of political regime and so on. The research findings show the above components have had different roles in the professional (the Guilds) electoral system of the first parliament (majles), electoral system of the second parliament (two degree electoral law) and in the electoral system of the third parliament until fourth twenty parliament (one degree electoral law). This research tries to study the above-mentioned relationship with explanative-causal method and historical-sociological approach. The impact and influence of historical sociological approach is that, the real right of a nation, cannot been realized without recognition of social context that create the legal relations among peoples. So, the shaping of electoral systems in Iran as other political & legal systems are reflection of Social and political facts.

In some statutes, the attainment of some rights and fulfillment of some duties are conditioned by the legal term of "until the first trial session". The ambiguity of the mentioned term resulted in diverse interpretations. Although the beginning of the term is the presentation of the petition, but with respect to the end of the term there are three probabilities: it can be considered "before the beginning of the first trial session" and it can also be viewed as "the first action of the beneficiary in the first trial session" and the term can be extended to the "end of the first session" too. Owing to the difficulties of the first and second view and due to the reasons for the third view, it seems sensible to agree with the judicial precedent and consider the respite of the expression from the presentation of petition until the end of the first trial session.

The market for cultural and artistic goods has long faced two fundamental problems: unavailability of the copy right holders to the clients, and the illegal usage of intelligent properties of others. These difficulties along with economical considerations have led to the formation of the Collective Management Organizations (CMOs), who closed the communication gap between the producers and the users of their products. Considering the present expansion rate of the usage of all forms of arts, it may be impossible to protect the copy rights without the intervention and management of the CMOs. The international policies to require the enforcement of a basic standard to protect the rights of the intellectual property owners within the international community in the recent years has brought special attention to the CMOs in our country. Obviously, formation and development of these organizations largely depends on their interaction with various legal entities and making their presence known to these entities.