JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)
Year:2018 | Volume:2 | Issue:7 |Papers Count:25

After committing a crime, the defendants are the first to face a crime scene. Therefore, their actions at these early stages will lead to many uncertainties in the next stages, the same legislator has introduced various types of sanctions. To act in different situations. In the case of some vulnerable people in the community, there is a need for those who have the necessary expertise in this regard. Because today's behavior of an expert specialist, due to the vulnerability of some people, can cause many problems. Prevent crimes. Both the perpetrators and the accused have assignments, which is the fulfillment of justice in the direction of the proper task of the defendants in this regard. Meanwhile, some actions are forbidden. The Criminal Procedure Code was approved by 92 major changes in the areas of sanctions, types of sanctions, measures and prohibitions on certain acts. In this paper, we are going to make these changes, and we will explain the strengths and weaknesses of the law in this regard.

Murder and its role in determining the punishment of the subject of murder are an essential and indisputable principle. As most murders come from emotions and emotional feelings and it is an important factor in determining the person's punishment, so familiarity with the effect of emotion and spiritual anxiety in determining the punishment and its case study is very important. In this article, we try to express the concepts and the most important examples of intentional assassination in the field of soul excitement with the analysis of Iran's criminal law and after examining the role of excitement and anxiety in deliberate murders, with the focus on the analysis of Article 630 of the Islamic Penal Code of the section of sanctions (Murder in the "Murder in the march"), from the jurisprudential and legal point of view, and suggesting solutions and suggestions, show that emotional excitement in the occurrence of a murder is a phenomenon with a variety of issues. The text seeks to answer this The basic question is whether the emotional excitement in determining the punishment of the subject of murder is to the extent that it leaves criminal responsibility and the extent of the support of the legislature. Therefore, the article attempts to examine each of these responses.

Crime or crime has the criteria and characteristics that the Criminal Code specifies, since any current action or crack can not be called a crime. What is provided in the Criminal Code and the specific criminal law as a crime is within the framework of criminology. In our criminology we should also be studying them. Of course, the criminal phenomenon is not merely a criminal and legal color. That is, it includes both crime and deviation. So the issue of criminology, according to the latest perceptions, is the recognition of the causes of the criminal phenomenon. Crime and deviation, while communicating, are conceptually different. The crime is firstly created and enforced by the law. Secondly, it has a guarantee of execution of the subject, thirdly, this guarantee is enforced by humans. But deviation is a social ethical concept that is more of a public denial. That is, it does not have a guarantee of practical implementation. At the same time, both are mass and deviations of abnormalities. For this reason, some people believe that they should go to pathology that covers both types of abnormalities.

Prison is a place where individuals are physically, confined and detained, and are often deprived of personal liberty. Prisons are contracted to organizations that are part of a country's judicial system and are used as a punishment by a court order for the commission of a crime in order to enforce the imprisonment. Imprisonment is a substitute for imprisonment, including house and electronic imprisonment. These two penalties are always accompanied by electronic surveillance. These two are the emerging military, as explicitly referred to in article 62 of the Islamic Penal Code. It always has positive and negative effects on this type of punishment. Due to its beginnings, it has brought many dissenters and supporters. But the opposing view does not have the ability to oppose the views of the adversaries, and this new system is a new transformation to reach the main goals of punishment, which is reformation and rehabilitation.

The crimes and their occurrence in each society are based principally on the grounds for the crime, which the judiciary must actually deal with the roots and causes. Therefore, the root is considered to be very important, and it must be known that it is the cause of the crime, and it is not a phenomenon of punishment that reduces the occurrence of the crime. The effective factors and the root causes of crime in Iran's legal system are defined in different perspectives, because all theorists view from the point of view of their viewpoint and the relation of law to sociology creates certain theories about the occurrence Crime has been defined and the definition of crime and criminal behavior in any society is determined both by the laws of law and by the social norms of that society. The purpose of this research is to identify the crime of crime in Iran's legal system. The research method was library and this research was done by descriptive-analytical method. Data collection was also carried out by pinpointing valid library resources.

The collateral begins in the Encyclopedia of Comparative Law of Algar with the statement that economic enterprises are "credible" and there is no credit without bail. Banks and credit institutions, one of their main functions of crediting to economic enterprises, are more concerned with legal issues related to false claims than any other institution, and any shortcomings and deficiencies that exist in the legal system in the country in which there is a failure Will have a direct impact on their activities. The recipients of the banking facility will repay the facility as a result of the fact that the bank has received them, and if they know that the banks will not be able to execute the debt, they will be reluctant to They will not fulfill their obligations. The study seeks to investigate the factors that lead to non-implementation of the veto. Causing or creating a dilemma for the bank, and the timely payment of non-payment of installments and borrowers from an economic point of view, the most important of which are economic efficiency, rationality, lost opportunity expense, cost of use and transaction costs. Not be Consequently, if these elements are missing from the use of the new legal entity, then thought needs to be made to arrive at an efficient and rational outcome economically. So, here is the question of what should be the features of the legal system governing civil property in the country, in order to avoid increasing the demand for banks. What are the shortcomings of Iran's legal system in this regard and what is the way to compensate them?

The Caspian Sea, sometimes the largest lake in the world, and sometimes the smallest self-sufficient sea of land, is the largest enclosed land area, with the most valuable reservoirs of water and 80% of the caviar in the world, has ecologically and Biodiversity. After the collapse of the Soviet Union in 1991, all eyes were seized on the Caspian Sea and its newly independent states (Turkmenistan, Kazakhstan, Azerbaijan), and the lack of access to a single legal regime, as well as the lack of environmental monitoring of the surrounding countries towards this The legacy of this lake, like other waterways and seas in the world, faces a growing environmental pollution problem. The continued pollution of these landscapes will leave irreparable damage both internally and internationally. The main question of the present article is: What is the role of international conventions in preventing the accumulation and recycling of Caspian wastes? The author intends to focus on the environment and waste of this important lake from both domestic and international perspectives on the basis of conventions And international environmental law, and provide solutions for addressing this national and international problem.

Complications are one of the major sources of revenue for municipalities. Occasionally, revenue collection in the municipality is tied to the responsibilities of several organizations and organs, and even national tolls often face serious challenges in collecting and distributing properly. The variety and wide range of complications and laws and regulations adopted in this regard has inevitably led to the disagreement between Moody and Municipality, so that the legislator has provided an independent authority in Article 77 of the Municipal Law to deal with this matter. Which will be referred to this commission to resolve such disagreements. The decision of the mentioned commission is definitive in this regard. Now, according to the provisions of Article 77 of the Municipal Law, the present study is designed to investigate and resolve the ambiguity of the Commission from Article 77 as well as acquaintance with the manner of operation, formation, powers, qualifications and how to deal with the charges and debts of individuals to municipalities. Has been.

The expansion of various economic activities and the increase in the volume of trade between countries has led to the development of services and industries related to the transportation of goods, especially sea freight, which is more cost effective than other ways, and therefore the need for obtaining coverage, necessary and It is essential. In the implementation of the insurance contract, there may be legal proceedings between the insurer and the insured person or a third party in which the insurers try to resolve the claims peacefully in order to avoid a variety of claims against them that may harm their reputation. And chapters (which can be peaceful, compromise, and arbitrary), but if the peaceful settlement of disputes is not possible due to the obvious conflict of interest between the parties, the parties will have to resort to the judiciary. Nowadays, one of the methods that has been widely settled on the international level is arbitration. So the question that is posed is, firstly, what are the lawsuits in relation to insurance, especially maritime insurance, and in which case the arbitration of these cases will be the manner in which the judges will be judged and chosen, and which organs are the competent authorities and Whether arbitration can reduce court disputes in disputes in the maritime insurance industry. It seems to me that the methods of resolving insurance disputes at national and international level in transportation are comparable, and arbitration may also reduce the transfer of cases to the judiciary internationally and internally, but the expansion of exploitation This institution and its development is imperative in Iranian law.

The covenant and the pledge from ancient times have been considered and respected by humans, and so far this long tradition has persisted. The condition of marriage as one of the examples of the covenant and adherence to the effects and consequences of which, in fact, the manifestation of the will of the parties has always been emphasized by the Shari'a and customary laws, but this does not mean that the actions of the will and the will of the two sides of the transaction have no boundaries and frameworks The control of the wills and desires of an endless and insurmountable rebellion with the legal instruments undoubtedly makes the contracts more effective in the legal life and current economic relations in society. One of the tools restricting and controlling the will of individuals about the condition of the necessity of keeping it in line with the Shari'a and the law is the general meaning.

With the development of international trade and the globalization of the economy, arbitration has grown rapidly as a way to resolve international trade disputes, so today it is a common practice to resolve international disputes. There are fewer cases of unpredictable arbitration in an investment engagement contract, technology transfer, large factory building, cross-selling, industrial and commercial cooperation, and so on. An arbitration is a private-law process approved by the law, whereby one or more independent individuals hear a lawsuit and decide on a dispute. Referring a dispute to arbitration, unlike the court, requires an agreement between the parties that may take place before or after the dispute.

The rapid and wonderful growth of sports teams, huge investments in sport, and the emergence of new problems in this field, occasionally, have crippled the governments with the issues that have come about in this field, In various fields. For one of the complicated issues that have been particularly challenging for scholars and practitioners in recent years in the field of science, they discuss the types of responsibilities of activists in sports. The statistics of injuries and injuries caused by sports events in recent years have been so high that they have revealed the need for new laws and regulations to fit the needs of this platform. Determining the types of responsibilities, whether criminal or civil, in this area, the scope and scope of these responsibilities and the conditions for their realization and establishment, requires their specific scientific and research bases.

In this paper, the guarantor of understanding, with a look at the condition for the reduction, increase and disappearance of it, has been studied in the present study, where the parties at the stage of writing the contract, the condition for the reduction, increase or elimination of the guarantor of comprehension The contract stipulates whether it is binding or not, and whether the terms of the contract are regular. Hence, by considering civil law in relation to the limitation of liability for guaranteeing comprehension, there is no ruling, but in this essay, based on the spirit of civil law, the provisions of the relevant material, and the general rules of contracts, in the field of legal principles, deal with the status of the conditional provisions. will be. With this description in analytical terms, it is understood that, basically, the condition of limiting the liability of the guarantor of understanding in the contracts is correct and valid and is not subject to a legal prohibition.

Due to the specific characteristics of shipping in the ocean, as a means of transport, there has not been a universal universal rule of law for delaying delivery of goods to date. In this article, we have been trying to review important points about shipping and the nature of damages in this area. As goods are needed to arrive at their designated destination at the designated time, delays in deliveries of goods cause damage. On the other hand, like other types of shipping, there is also a moral hazard, especially economic losses, in shipping. So, in this article, we will look at these issues, as well as review existing or developing laws in this area.

The need for justice to govern the state of affairs is a fundamental condition that is disturbed by other conditions; nothing like inhumane injustice and the foundation of overthrow. The purpose of this research is to introduce the young generation to the important issue of justice, which is the true calm, and, at the same time, lost in the modern world today, in order to achieve its true meaning and to realize justice in depth and in life. The concept of justice and its place and value in Islam is explained. The issue of justice and justice is one of the important issues of the sacred religion of Islam and its most important sources are the Quran and Sunnah. In fact, the need for a ubiquitous community is to establish and enforce justice in all areas.

The administrator may, under the law or by contract, be responsible for the maintenance or care of the insane or the minor. Each of the supervisors, whether they are a legal parent or a contractor, such as a hospital or kindergarten, Minors or imminent maintenance will be responsible for the damages they will incur. If the offender is liable to pay damages to others, his or her customary parent will be liable for compensation, or there is disagreement. In Iran's law, according to Article 1167 of the Civil Code, "a child born of adultery does not join a woman", but by virtue of the unanimity of the decision of 617 dated 3/4/1376. The General Court of the Supreme Court of Zani is the customary father of the child As a result, all father-related duties, including obtaining a birth certificate, are vested in him; therefore, if the customary father who is the legal guardian of the child is to be guilty of his maintenance and the child will harm others, the customary father (Zani) will be liable for compensation under Article 7 of the Civil Liability Act. If the supervisor can not afford the compensation, the loss will be compensated by the insane or minor property. Whether the minor or the insane will compensate for the loss or the loss of his property is compensated by the successor, the difference in opinion of existence ; It seems that the minor can return to the guard if he / she receives compensation after compensation. In Iran's law, not only Article 7 of the Criminal Code has not been drafted against hypothetical or insane caretakers and has not been able to guarantee the rights of those who have suffered harm, as well as judicial and judicial procedures, because of the lack of explicit liability of guardians and guardians Minor or Immigrants in Islamic jurisprudence do not have an interest in Article 7 of the Criminal Code. Therefore, it is appropriate to look at the roots of such a responsibility in accordance with the principle of Tzibib in Islamic jurisprudence.

Preliminary research is the critical phase of criminal prosecution. The actions of investigating judges and prosecutors in special cases at this stage, such as the stages of crime detection, prosecution of the accused and the prosecution, should in particular ensure the protection of the basic rights and freedoms of the accused, the repair of the victims and the provision of public order and the interests of the community. Nevertheless, the safeguarding of the individual and social rights in question at one and the same time at this stage of the trial has a greater degree of complexity and elegance. Because, on the one hand, the necessity of preserving public order and social interests and repairing the harm of the victims requires that the speed, traces and reasons for committing the crime be preserved and collected and prevent the escape or hiding of the defendants, on the other hand, it is always a concern and It has been feared that during the rapid implementation of these measures, the precautionary and precautionary measures should be taken to speed up the conduct of investigations, and honorable persons should be prosecuted unjustly and prosecuted against them. In this regard, developments in criminal justice systems In order to ensure the implementation of human rights standards in international documents, The rights, rights, and rights of defendants of the suspects will be preserved and developed at this stage. Among the various activities undertaken in the preliminary studies, considering the importance of preliminary investigations, in particular interrogations, international human rights instruments, fundamental laws and systems The progressive criminal justice of the countries has provided for the defense of the defendants in support of the principle of innocence as a common legal heritage of the states, when they are prosecuted. The effective defense of their defendants and their lawyers in the context of their defense rights is to prevent the invasion of their fundamental rights and freedoms and the issuance of a prohibition or prosecution of prosecution in the investigation phase. Therefore, the research has a special significance in explaining the concept of defendant rights and their examples.

In the past, private ownership of land was honorable and sacred, and the principle of domination (Article 30 of the Civil Code) was rarely discounted and limited, but today, in order to protect the interests of the community and protect the weak classes, private property, in particular ownership of land It is limited in many ways, and even the expropriation of the public interest is legal in various countries. This trend has been observed in all countries of the world, including Iran, and reflected in the codified laws. With increasing population and rising public needs, there is a need for the existence of rules for the expropriation of urban construction and housing, and the provision of housing as well as Planning for this affair is felt more.

Civic Litigation is due to an error in counseling to the responsibilities of legal counseling, psychological counseling, sports instructor, economic advisers, and related companies, the responsibility of the clerks and religious scholars in their counseling and other types of free counseling. This topic The first question about the responsibility of the priests is whether they are liable for any religious and social consultations that they give to the people in the event of errors and damages? Also, the most important issues in this regard are the responsibility of legal advisers and medical advisers, under which circumstances they can lodge a lawsuit against them. Civil liability due to consultation error is the responsibility of the counseling activity. This term refers to religious institutions that provide a variety of counseling services, which may lead to a failure to provide counseling to the institution's responsibility. In addition, psychologists, physicians, social workers, legal counselors may also face litigation in providing counseling services. As a result, insurance companies specialize in insurance companies in American and European countries, and cover these types of job losses.

The courts have long disagreed about the scope of the right to imprisonment for women, and the majority of the courts have argued that only a specific obedience to Muscat is the right to sue the wife; in fact, this opinion was based on the famous jurisprudent views on how to crash the right to imprisonment. But by virtue of the unanimity of the 718 Supreme Court, which extends the scope of the right of imprisonment to marriage in absolute terms, we must consider that it is only in the general favor of Muscat that the right to imprisonment in marriage is due to the use of the word The duties in the 1085 and 1086 are absolute duties of marriage and, given the wide range of cases of subjugation, it is very difficult to assume marriage without proper subjection. Therefore, given the necessity for the unanimity of the vote of unity, we must ensure that the disagreements between the courts are over, and the general obedience of Muscat is the right of the husband to be imprisoned; nevertheless, most of the courts still vote in accordance with the previous procedure, Muscat is entitled to imprisonment. This article attempts to first clarify the concepts related to the wife's right of imprisonment, and then examine the evidence of the validity of this right in marriage, and examine this issue whether this right is based on the principles and objectives of marriage And then we will examine the unanimity of the Supreme Court of the Islamic Republic of Iran and its interpretation. The correct interpretation of this ballot makes it clear that in fact the wife's right of imprisonment has been eliminated from the family legal system.

One of the important results of the principle of the will of will is the principle of the relative nature of the contract, according to which the contract only affects two parties and their legal successor and does not create any right or religion towards third parties. This has been accepted in Article 231 of the Civil Code of Iran and Article 1165 of the Civil Code of France, as the effect of treaties on third parties, and in Islamic jurisprudence, the principle of non-power for others and the principle of sovereignty of will have been accepted. The reason for this is that no one can interfere in property without having the representation or permission of the owner or the law. The prohibition applies to financial and non-financial affairs, and the violation of this principle requires the provision of a solid and sufficient reason. But this rule has not been completely abandoned, and there are many exceptions to it in current law, such as venture deals, third-party ventures and collective bargaining. However, the principle of the relative nature of contracts is more relevant at the stage of contracting; for example, in the transaction, it is debatable whether the vendor or vicegerent is nominating the owner of the finance, while not owner or, if the owner does not allow himself His representative is introduced, and in either case he is alien to the contract between the owner and the genuine, but in a step forward, it is possible to exceed the principle of the relative validity of the contract, which is at the time of execution of the contract; with the explanation that a third party may Apart from the parties to the contract, you commit yourself to a commitment. The way to deal with this issue is different in countries such as France and Britain, and in Iranian law and Islamic jurisprudence, due to the fundamental differences that exist in major legal systems such as Roman-Germanic and Comenella. One of the main reasons for interference in non-affairs is the "Al-Qa'r-e-Qa'aqi". It may be argued that this jurisprudential principle is the only common ground that has been used to legitimize the legal entity of the non-profit organization or the administration of affairs in all other legal systems.

Among the institutions and organizations of the government of the Islamic Republic of Iran, the Supreme Council of the Cultural Revolution, acts as a legislative center. Despite the fact that the institution has been established for two decades, its legal status has not been taken seriously. Even in the sources of the fundamental rights of our country, it has not been discussed because of not being mentioned in the constitution. The issuance of Imam Khomeini's decree of the Supreme Council of the Cultural Revolution to form a cultural movement is considered. During its two decades of activity, the council has taken a lot of cultural affairs and has passed many resolutions. There were challenges in the past regarding the status of this council and its legal nature, as well as its duties and functions. With the rejection of some of the laws of the Islamic Consultative Assembly by the Guardian Council, this debate has become important due to its contradiction with Islamic norms and the constitution. Legal review of the decisions of the Supreme Council of the Cultural Revolution is necessary and necessary, but the level of participation of the people in these decrees is also important. It is hoped that the results will be evaluated and used by this council and other cultural institutions.

A transaction is a transaction in which a person, with the right to act, such as selling, mortgaging, etc., without having the owner or owner of the property, has a lawyer or agent. Whenever a mortgagee fails before letting or rejecting the transaction, he / she will allow or dispose of the transaction with the heir. Authorization and rejection of the heirs of the owner are the property rights that the heirs inherit from the owner. The heir as the owner of the transaction, not as the successor to the inheritance, the civil law in Article 253, in respect of the right to authorize or refuse the voyage transaction, shall authorize this right, upon death of the owner, before the permit is issued or refused to his heir Has granted. This item does not apply to a custom contract and can also be used in a pledge. Genuine death does not prevent permission and does not dissolve the marriage, and there is no difference between the two sides of the actual marriage.

Undoubtedly, the connection of a right to civil liability arising from civil liability and compensation is the competent court to deal with the issue. In other words, the competent court will be liable to civil liability proceedings in respect of litigation and compensation. The legislator in the Code of Civil Procedure has established the criteria for the jurisdiction of the court and, in compliance with these criteria in cases involving civil claims, a lawsuit will be directed to the competent court. It is not surprising that, when it comes to the jurisdiction of a court in a particular matter It is doubtful whether the fair trial should be conducted fairly, because referral to a competent court is an integral part of a fair trial in all legal systems. It is important to note that the constituents in the thirty-fourth principle of the constitution point to this issue and refer to the competent court as the absolute right of each person.

The demand for any legal action is considered to be the most important element. Regardless of the necessity of accuracy in determining the requirements, due to the dependence of the fairness of the proceedings and the correctness of the performance of the claimant in this regard, the recognition of the type of demand, whether financial or non-financial and its cost in financial claims, in terms of the cost of The jurisdiction of the courts, the jurisdiction of the courts, the ability to appeal, or the outcome of the sentence, is of great importance. In a better and simpler way, the purpose of the claim is to demand what the court demands, to file a lawsuit or to execute it. Or announce his opinion as a chapter on the topic. In various materials of the Civil Procedure Code, there are various occasions regarding the need for determination. For example, in accordance with paragraph 3 of Article 51 of the Civil Procedure Law, the necessary condition for the filing of a lawsuit is that the claim is made known and in accordance with paragraph 2 of article 53 of the failure to set aside the petition, the cases of seizure of the petition, and if, within the deadline The legal proceeding of the petition is not completed, according to article 54 of the same law, the petition will be rejected. Furthermore, the determination to specify the amount of the costs of proceedings is necessary for the lawsuit, the provisions of which are detailed in Articles 61 to 63 of the Civil Procedure Code.