LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2013 | Volume:4 | Issue:2 (7)|Papers Count:6

This paper surveys the application of the postal acceptance rule to email acceptances. Different views have been argued about this issue. This article presents the arguments and reasoning behind the application of this rule and evaluates those different approaches. The conclusion is that email are not mere instantaneous method of communication, but can be viewed as a digital version of the normal post and thus the postal acceptance rule should apply to this kind of contract.

Today, one of the important challenge of the global society is economical crimes whose parade domain is not specialized an exclusive country or continent .Union and increasing communication of the universal society, trade facility and ultra frontier communication and border vanishing establishing multi nationality companies and even participation of international persons and institutions in committing economical crimes make it a global problem which has impressed not only the safety and life of the national society but also the international society. Iran has been no exception in this regard . This country whose governmental economy is changing in to the private economy should give priority to struggle against the mentioned crimes in its criminal policy. In this regard, the role of the criminal justice systems in combating financial corruptions will be outstanding, because if these systems in their action or reaction duties have proficiency, skill, independence and financial & individual potentiality , they can be more successful in fighting with economical crimes. In this subject matter, using the experience of the successful countries in establishing the criminal justice system is necessary. For the deep connection between the civil systems of France & Iran ,especially in procedures ,this article comparatively considers the criminal justice systems of France & Iran in combating economical crimes and their strengths & weaknesses.

During the Iranian constitutional revolution in 1906 many legal concepts emerged, one of which was equality before the law. The emergence of this concept in the constitutionalists’ discussion was a sign of fundamental changes in the moral foundations of the society and thus was a basic concept and a foundation for the establishment of the rule of law. Defending this concept and distinguishing between “equality before law” and “equality in law” was made possible with reliance on its Shia jurisprudential background. Shia jurisprudence as a legal system recognises this distinction. Constitutionalist jurisconsults dealt with paralogism in the concept of equality with reliance on these concepts. However, the debate on equality was not just a legal debate and the society was also moving towards new aspects of equality. Accordingly, there was a struggle beyond law to discover new equalities and these conditions paved the way for the emergence of paralogism. Writing about the history of these concepts and the conditions in which they emerged is an effort towards writing the history of public law concepts in Iran, the history which has been disregarded by jurists and its codification has been left to general historians who have not have the required means to write this part of the constitutional history which is the most important aspect of the history of the Iranian constitutional law. After a short introduction to the background of the concept of equality on the eve of the Iranian constitutional revolution, this paper discusses the views of the Academic Journal of Legal Studies 6 constitutionalists and anti-constitutionalists about the concept of equality. Efforts for establishing this concept started before the constitutional revolution but no principle was dedicated to it in the constitutional document. This concept, in fact, was mentioned in the principle 8 of the supplement to the Iranian constitution during the constitutional revolution. This paper examines the development of this principle to its final form. Since, there were two understandings of the concept of equality in the debates during that period, it has been necessary to distinguish between the two understandings to follow the discussion. This paper presents the definition of equality before the law by the constitutionalists had and how such accurate definition was achieved. The paper will examine how the same debate occurred in the German parliament in 1849 which greatly resembles the debates of the constitutionalists in Iran during the constitutional revolution. This examination will shed some light on the debates by the Iranian constitutionalists. Finally, the paper examines the concepts similar to the concept of equality in Sharia jurisprudence.

Khulea divorce is one of the legal ways for dissolution of marriage which nowadays is the most common way in our society. Determination of its legal nature is one of the controversial issues. There are different points of view that can be classified in three general groups: unilateral juridique act, contract and complex juridique act. Believers in each of the above mentioned groups do not agree with each other. It is so complicated that sometimes one outhor expresses different ideas in his works. This research is to explain and criticize the mentioned views and clarify the legal nature Khulea divorce. Also we aim to prove the theory of its being unilateral juridique act.

Judicial case management system of justice with the aim of expediting the litigation and increasing its efficiency in line with economic analysis and evaluation of litigation and procedure effectiveness as a kind of result oriented logic has been accepted in many countries including our country. Iran's legal system in this emerging is field and still advanced. Reduction of procedure’s formalities has also two forms: “legal deformalisation” and “material deformalisation”. The later aims the elimination of hard tools in judicial system. In fact, the second one uses soft tools instead of hard and paper devices in order to improve the efficiency of Justice. It should observe some limits in reduction of the material as a result of judicial case management. Although we have some dispositions and regulations but they are not seem to be adequate.

Inadequacy of value of testimony of women and men which is adopted in Islamic law, Shia and Sonni, is one of the matters which is criticized by feminism. This inequality according to Islamic jurisprudevce not only contains no proscription for women, but also is for protection and defend of women rights. Inequality of testimony has no evidencing to priority of wisdom and intellect on the women.