Journal of Judicial Law Views
Year:2023 | Volume:28 | Issue:104|Papers Count:8

Based on the legal functions of money in the judicial and banking system of the country, the present research deals with the practical analysis of what and nature of money. This research expresses this approach that the nature of money is not separate from its functions and the broad legal nature of money can be identified from its multiple functions. Contrary to the dominant approach that focuses on the nature and function of money, it should be acknowledged that this legal and economic phenomenon has multiple natures and functions that affect the limits of the monetary commitment. Today, these functions are emerging both in the judicial system and in the banking system of Iran, including banking transactions and banking operations, especially that the execution of court orders in the field of contractual or non-contractual monetary obligations is realized through the banking system. The current research with a descriptive-analytical method is an explanation of a comprehensive theory under the title of  multifaceted nature of money. In short, it should be said that considering the three major and main functions of money, i.e. a tool for payment, a tool for clearing and settlement of monetary obligations, as well as a tool for compensation for damages caused by the decrease in its value and the multiple legal functions of money in the judicial and banking systems, adopting the unit nature approach is not acceptable for money.

Today, the competitive advantages of individuals, especially commercial enterprises, have undergone a revolutionary transformation from the traditional, tangible formats, and now intangible assets stand out more than tangible assets in the assets of individuals, it is not possible to ignore these assets, and when we recognize financial issues Its value and valuation is also raised, especially since the most important feature of these properties is their intangible nature, so the process of valuing them will be a special and special process that is different from tangible properties. It is important that the legal system itself is ready to govern this process. Importantly, it is not possible unless with strict legislation and supervision of the implementation of a certain and expert executive of this special operation, China and South Korea were closely examined as the pioneers of this operation in the East of the world, and the result showed the severe gaps in the legal system of our beloved country. Our legal system does not have the process of valuation of non-state intangible property, a precise law, a comprehensive regulation, and a special expert institution. The government has sometimes concluded a memorandum of understanding and sometimes created a special institution to meet its needs, and the investigation of the research revealed the gaps in the same measures. In line with the inherent tasks of the research, we made low-cost and effective suggestions based on the research in the legal systems of the countries under review and their successful experiences It is possible that by implementing reforms in the structural system or the limits of qualifications and regulations, the preparations for creating a platform for specialized work will be provided. Then, solutions have been presented regarding the training of specialized personnel and the recruitment and training of specialized personnel in order to eliminate the gaps as much as possible and to get out of the confusion of opinions

Culpable or fraudulent bankruptcy can have very wide negative consequences on the national, regional or international economy. Considering that the legal basis of these crimes has been written in three different laws, so the feasibility of committing, the manner of committing and the way of attributing these crimes to the corporation has been challenged. In this article, along with the descriptiveـanalytical review of these challenges, it was determined that except for the first part of the first clause of Art.541 of the Trade Law, it is possible to commit these crimes in a corporate manner; provided that the company is subject to the bankruptcy system, it is not a governmental or public nonـgovernmental legal entity in cases that exercise sovereignty, and the crime was committed by a legal representative in the name of or in line with the interests of the company and within the legal powers of the representative. The criminal result in the corporate and nonـcorporate status of these crimes is not different from each other. In fraudulent bankruptcy, the result is always potential harm to others, but in culpable bankruptcy, according to the time of committing the material behavior before or after the realization of the suspension, the result is bankruptcy or potential loss. In the scope of the mens rea, fraudulent bankruptcy, is a crime, always intentional, but culpable bankruptcy, is intentional in some cases and unintentional in others. The difference between the mens rea of the corporate state of these crimes and the nonـcorporate state is the verification of the perpetrator's knowledge and intention regarding "being in the name or in line with the interests of the company".

One of the ominous phenomena of the current society is the unauthorized change of agricultural land use, which can lead to a decrease in the food security of the society day by day. With the approval of unanimous vote no759 General Board of the Supreme Court dated 12/07/2017, the offense of unauthorized change of  land use Agriculture and Gardens Board is considered grade 7 Crime and according to the unanimous decision number 822 dated 21/06/2022 of the Supreme Court of Iran, the said offense is considered an instant crime and the three-year period of time of grade 7 crimes is applied and finally after more than three years have passed From the occurrence of the mentioned offense, a suspension of prosecution will be issued due to the passage of time. This article aims to assess the feasibility of decimation while firmly believing in the non-punishment and non-criminal nature of vandalism. Even assuming the issuance of a suspension order, the custodian offices should request legal proceedings in accordance with the procedures of the civil procedure through the filing of appropriate legal lawsuits such as the demolition of buildings and the construction of agricultural lands and gardens (unauthorized change of use). . The necessity of conducting an investigation is that the failure to announce the complaint in time and start the prosecution in some cases leads to the issuance of a suspension of prosecution in contrast to other cases that lead to criminal prosecution in time and finally the issuance of a sentence of suppression and a fine from a criminal point of view. It leads to the feeling of discrimination that you should think of a legal solution regarding such lands that have been faced with the passage of time. The research method in this article, by examining the legal and judicial foundations, is in a descriptive analytical style with an applied approach.

Criminal policy has different models in the world that have commonalities and differences. The criminal policy model of Islam is significantly different from other systems in terms of its fundamentals in dealing with vices (crime and sin). Also, contrary to the opinion of some who say that Islam does not have a criminal policy, the article has proven that Islam has an independent criminal policy. Therefore, the general indicators and independent bases of the criminal policy of Islam are mentioned in comparison with the criminal policy of the West. This is an applied scientific research. The term "criminal policy" is wrong, the term "penal policy" is correct. The title of the fight against antiـvalues ​​in Islam is "denial", not "crime", the focus of the struggle is the criminal policy of Islam, not the criminal and nonـcriminal policy, but the arbitrary culturalـeconomic policy. The subject of Islamic criminal policy is not "criminal phenomenon" but "sinful phenomenon". The response levels of criminal policy in the West are "crime and deviance", but in Islam "crime, deviance, haram, detestable act and desertion are recommended".In islamic criminal policy, monotheism is the general principles of monotheism are central to the development of criminal policy programs. The criminal policy of Islam really has seven independent bases different from the criminal policy of the West, which are an independent school of belief, an independent political system, an independent legal system, an independent supreme director, an independent inferential source, conditions of independent authority, and general principles of monotheism. 

According to a legal rule, the burden of proof is on the claimant who presents a claim to prove the facts and difficulty in proving the claim never frees the claimant from the obligation to prove. If the claimant does not provide sufficient evidence to prove its claim he has acted at its own disadvantage. On the other hand, in the arbitration agreement, the principle of party autonomy is an accepted principle and according to it, the parties are free to choose the procedural and substantive provisions governing the agreement. This article tries to determine whether the authority of the parties in determining the governing law includes the authority to adjust and change the burden of proof with the descriptiveـanalytical method. It is obvious that this authority, as well as the authority of the arbitral tribunal about adjustment of the burden of proof, should not lead to a change that would conflict with public policy, mandatory rule, and rules related to the principle of equal and fair treatment of the parties. There are different opinions about whether the burden of proof has a procedural or substantive nature but our review in this article shows that the dominant tendency in the international commercial arbitration procedure is that the rule of burden of proof has a substantive nature. 

Regardless of the amount of punishment, the impiementation of the punishment that iead to the prevention of crimes, and this is an accepted ruie in criminal law. Not only in principle is prevalent, and the doinesit arena, but also in the international arena, this the inability of the perpetrators of international crimes is always a key factor in increasing the amount of crime. “Universal jurisdictionprinciple” As an important has intered into solution to cunter the criminals of international crimes, it internationalcriminal law literature, to this way, international crimes can be coping and preveted from occurrence. “Aut dedere Aut judicare” is One of the basic topics in a large number of preforming Universal jurisdiction principle. That is processed in  international douments and preforming somehow guarantees the Universal jurisdiction principle.Because of the necessity of executing . “Aut dedere Aut judicare” onal judicial We see its diversity and flexibility in international doumentsandinternationalprocedures, So that in each casa, Various opinions have been  issued based on the above mentioned principle and ultimately this has led to serious developments in the judicial gating and procedure and even international douments. Present study by investi analyzing judicialprocedures regarding this principle and, as well as, the conventions. encompassed, developments in “Aut dedere Aut judicare” has been referred.

In today's world, traveling by air has become common.The reason for this prevalence is to save time;Because the speed of transportation by plane is higher than other means of transportation.In carrying out a flight, the ideal is that the transport operators fulfill their commitment according to the schedule, but this ideal cannot always be realized.Due to various reasons, it is possible that the flight will not depart according to the schedule or, if it departs on time, it will not arrive at the destination at the agreed time.Now, the question that can be raised is whether passengers can claim moral damages due to flight delay if other civil liability conditions are met?This article tries to answer the above question with an analyticalـdescriptive approach and with a comparative look at the Warsaw and Montreal Conventions, as well as by analyzing the new decisions of domestic and foreign courts. This article tries with a descriptive analysis and with a comparative view of the Warsaw and Montreal Conventions, as well as with the analysis and analysis of the new opinions of domestic and foreign courts, which gives an extraordinary question. Anyway, the results of the investigations showed that to answer this question, the flights should be divided into two categories, international and domestic.In international flights, two conventions of Warsaw 1929 and Montreal 1999 are used.Although the courts of different countries have different opinions regarding the answer to the above question, the prevailing practice so far has been that only moral damages caused by the delay cannot be claimed based on the two Warsaw and Montreal Conventions.Regarding domestic flights, the general rules governing the civil liability system should be used.Of course, even when the Warsaw Convention was applied to all flights, the Iranian courts had recognized the possibility to compensate for moral damage;Therefore, it is natural that after the rule of domestic laws and considering the recognition of the principle of the possibility of compensation for moral damages, these courts will accept the ruling on the possibility of compensation for moral damages caused by flight delays.