Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Issue Information

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    1-18
Measures: 
  • Citations: 

    0
  • Views: 

    32160
  • Downloads: 

    0
Abstract: 

Contracts sometimes disband to different reasons. One of contracts disbanding causation is resolutory condition. On this base parties stipulate if incident, act or omission arise contract disband.At this face contract disband with acquirement condition on it. In such cases dissolution ground is willing and consequence appears automatically. In truth resolutory condition there is doubt that with invoke to positivism principle, prophetic famous speech and exemplum entered in about conditional sale can judge to accuracy it.Period resolutory condition should be determined. Furthermore possibility setting it are not in all contracts. In period resolutory condition parties abstain from doing each kind act contrary with right another party.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 32160

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

TAGHIZADEH EBRAHIM

Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    19-36
Measures: 
  • Citations: 

    0
  • Views: 

    836
  • Downloads: 

    0
Abstract: 

The Electronic Business Act approved in 2003, recognized the virtual business (electronic) at the national level in Islamic Republic of Iran for the first time. Contracts are of the most important subjects in Business Act. So, we are to face with new methods of contracts called electronic contracts.Faced with this practice, we pose the question: Is it possible to ratify an electronic contract in the same way as a non-electronic and traditional contract?These two classes of contracts do not have a basic difference from the respect of effects, sentences, and natures; however, they have significant distinctions from the respect of formation method and ratification.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 836

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    37-58
Measures: 
  • Citations: 

    0
  • Views: 

    946
  • Downloads: 

    0
Abstract: 

The convention on the right of child 1989 emphasizes in identity and nationality right of children and Iranian government with adhesion to this convention has also recognized this right. In the past years the marriage of many foreign nationals with Iranian women faced our community with the phenomenon of orphans and without certificates of birth and identity papers persons. These children in legal view are nationals of their father’s country, but they live in Iran as the real stateless persons. To solve this problem, the legislature adopted an act in 1385 entitled “the law to determine the nationality of children from marriage of married Iranian women with foreign men”.To solve this problem, different solutions can be provided. But it seems that the principal solution depends on legislature to crest some changing in civil law and preserve the nationality of Iranian women in case of marriage with foreign nationals. This solution is compatible with principles 41 and 42 of the Constitution. The recent research with regard to convention on the right of child aims to examine the identity right and the legal status of these children and propose certain solution to prevent this phenomenon.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 946

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    59-74
Measures: 
  • Citations: 

    0
  • Views: 

    7683
  • Downloads: 

    0
Abstract: 

The bill of Islamic punishment on the threshold of being enacted, in contrast with the current law, has formally recognized Incomplete offences except Attempt which is not an innovation, It is rather legislator return to the general punishment law of 1352 which had recognized impossible crime as equal to” Tantamount to attempt” and failed crime has implicitly placed instead of “Attempt”.This bill, through clear acceptance of not voluntarily withdrawal as a condition for Attempt, has removed ambiguity of the current law and has considered Attempt as a principle virtually in all crimes. Moreover, to follow the law of regarding Islamic punishment of 1361, whenever an action bearing the features of Attempt is identical to another criminal act, only the punishment of the special crime will be applied.This whole innovation is generally a new approach to incomplete offences. However, this bill has some limitations like being not clear acceptance of the general title of incomplete offences, failed crime interim of Attempt, non- mitigation for the people whose deeds, in addition to being an Attempt, is identical to a specific crime and has voluntarily withdrawn criminal acts.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 7683

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    75-92
Measures: 
  • Citations: 

    0
  • Views: 

    6497
  • Downloads: 

    0
Abstract: 

Labor is assumed to be as people's job and the way to obtain income. It is meant employee's relationship with government and also among labors with employers of private sector.But, a number of people has a financial supremacy and can impose their own terms on the others and weasel from own warranties easily. On the contrary, a large group that is depended on their own survival and the other belonged persons to their job power has been in bad situation and they can't be in equal position with the first group. So, they are endangered wastage of own rights and exploitation.Also, with industrialization communities, a modern Man is endangered into pressures due to labor, horror of events and lack of job security.So, the portage tact must be forecasted for patronage of him and the security of his relief from any threat of losing job.This matter is undertaken on the law of each state. The provisions are enacted to prevent the endangering of the labors employment and their patronage and the creation security versus the danger to loss of job in the constitutional law, labor law, social security law and relevant regulations in our country.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 6497

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

KARIMI ABBAS | MOHSENI HASSAN

Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    93-110
Measures: 
  • Citations: 

    0
  • Views: 

    1271
  • Downloads: 

    0
Abstract: 

Liberty on defense is a principle which has two effects: the right of defense personally and the right of free choices of defender. These two effects have two clear meaning. First means that the parties can defend themselves personally and the second means that they can choose their defender freely.There are some restrictions on those two results that we would analyze respectively in this article. Some of them are restrictions that seem the way of lawyer’s presence in the court and his facultative or mandatory presence.Free choise of defender has met also other restrictions that are known as forbidden: defendant cannot choose claimants ex or current lawyer as his lawyer in same case and ban of advocate acceptance versus the client and ban of advocate acceptance in case of relativity existence between judge and lawyer or his/her spouse and finally limitation by the cause of lawyers degree.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1271

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    111-126
Measures: 
  • Citations: 

    0
  • Views: 

    1085
  • Downloads: 

    0
Abstract: 

Before 1978, in Iran the value and validity of the letter of promise was not much doubted by the court judges; but, after Islamic Revolution in Iran, the pacta sunt servanda of fulfilling such contracts has been challenged and discussed. Following the issuance of a circular by the then Judicial High Council, the majority of judges rendered these documents invalid. Thus, the letter of promise was gradually replaced by the letter of sale. Nevertheless, a letter of promise should not be mistaken for an executed letter of sale. In fact, it is a document which guarantees the obligation to fulfill a sale in the future and as an agreement to transfer, it is a sample of primary conditions and is independent of nominated contracts, whose validity is disagreed upon by Shi’ite religious scientists such that majority of jurists consider these conditions invalid and only a few of them have rendered it valid. With consideration of the presented reasons, it seems that the second opinion is more correct and that there exist necessary jurisprudence reasons for accepting the validity of a primary condition and the letter of promise as its important sample.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1085

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

NIAZPOUR AMIR HASSAN

Issue Info: 
  • Year: 

    2011
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    127-142
Measures: 
  • Citations: 

    0
  • Views: 

    871
  • Downloads: 

    0
Abstract: 

Attorney is one essential agent with effects on criminal justice. Attorney’s intervention in this criminal justice of area has human rights, criminological and criminal policy. Attorney has in this area many earning. For example, policy making, educational, human rights, restorative and contractive earning. This paper studies foundation and earning attorney’s intervention in criminal justice.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 871

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0