Legal Research
Year:2019 | Volume:22 | Issue:85|Papers Count:14

Defeasibility or attributability of criminal responsibility faces a challenge. What is to be seen in the criminal law discourse, is an affirmative concept of Responsibility that is based on guilt. In this impression, the responsibility came after Criminality, and is based on criminal capacity (consist of cognition/Discernment and free Will) and fault. But, in a defeasible sense, the mere material attribution of the breach, must be criminal and Regardless of fault and capacity, Identifies responsibility (in the prior sense) for committing. The abolition of priori responsibility effect is depend on the defenses that have been foreseen in particular cases. The analysis of the fault institution and its analytical evaluation along with the barriers to criminal liability-as envisaged in the Criminal Laws-can be found in the discovery of the knot subject. In this article tried descriptively to show defeasible nature of responsibility as a general rule in public criminal law and Its Manifestations in Iran's Criminal Code.

What is the role of privileged victims' inexcusable fault in compensation of road and work accidents? Privileged victims whose their typical faults are not imputable, but their inexcusable faults are imputable. Creation and development of the term "victims' inexcusable fault" in work and road accidents by French law is considered as taking a step to just. So this article firstly reviews the concept and justification of "victims' inexcusable fault", especially in French law, because this term has been formed in French legal system. Then it comparatively analysis this issue in French law and Iranian law. Finally, with consideration of principle of compensation and deterrence policy, it suggests the necessity of creation and development of the term "victims' inexcusable fault" in work and road accidents by Iranian law. Taking strict approach of given concept in a work or car accident caused by the victims' inexcusable fault may be prevented injustice and is so important for equilibrium and economic efficiency.

Inspired by Machiavelli, Carl Schmidt considers politics to be the realm of reality, not ethics. Therefore, he observes the basic concepts of modern state theory in a historical context: the theological concepts have become secularized and replaced the omnipotent transcendental God with the absolute Sovereigns. Later, the modern wisdom with the ideal of the“ rule of law” displaced the absolute rulers from the throne of the throne, and replaced the plural and degenerate pseudo-diviners. Pseudo-diviners who are sometimes bladed against themselves. And all the controversy is the same: the modern state guarantees the order and stability of society. Therefore, it is necessary to maintain it and not to blade against itself. Here the Schmidt's claim to describe "what the ruler is" finds a prescriptive aspect: if the political is tied to the absolute ruler, he must "restore the personal character of sovereignty and make it indistinguishable again. " But what presuppositions and implications the retrieval of this sovereign would have for international politics and how much its worldview is successful in explaining the facts of contemporary international law? We believe that "Schmitt's success in explaining the contemporary international law bares its Hobbesian foundations. At the same time, the only way to abandon Schmitt's ingenious doctrines is to leave his realistic playground and move from the point where he escaped, namely, ethics. "

The reputation is not solely to the living human being, after death, too. Even with the onset of death, it may even become more popular. The main question is who owns a person's reputation after his death? Will the person's reputation, like any other property, be inherited, or is this right different from the other property? To answer this question, one can identify a person's personal reputation as a non-personal and affiliated person who ends with the death of a person, but the fact is that The custom has seen a person's reputation as a commodity And considers payment against using it as justifiable. So, it seems that accepting the financial aspect of this right is preferable. On this basis, it seems that this right, like all other financial rights, will reach his heirs after the death of a person. This analysis will prevent the business from having to use other people's reputation and prevent consumers from being deceived. In American law, Germany and France, the prevailing tendency is the same. In Italian law, there is no single approach. In our legal system, given the silence of legal literature, attempts are made to take steps to address this issue. This study has been done by documentary method and survey in related texts to gather relevant information.

Although the foundation of the World Trade Organization and its predecessor (GAT) was formed on the basis of international trade, and mainly the subject of import and export tariffs, other issues in this organization were legislated, which directly and indirectly focused on the goals of the organization Have been affected. The main reason for the WTO's entry into these seemingly non-commercial issues has been its direct and indirect impact on the organization's goals, in a way that disrupted the goals of the World Trade Organization, regardless of them. In this regard, many subjects, including intellectual property, government support, dumping, etc., were placed on the agenda of this organization and became regulated. In accordance with this procedure, it is necessary to identify and review other relevant issues that have a significant impact on the goals and functioning of the World Trade Organization, and ultimately they will adopt effective and effective mechanisms and rules at the level of the organization and be implemented in a timely manner. . Among the issues that have a profound impact on international trade and have made the world organization's goals worse, is the subject of labor services. The cost of labor is an important part of the cost of manufactured goods, which, in addition to the human rights aspect, has a fundamental impact on the competitiveness of industrial production. Therefore, due to its close connection with business, economic and human rights issues, it is necessary to regulate it at the level of this organization.

in the three judgments rendered by the ICJ on 5 October 2016 in cases between the Marshall Islands and the nine States possessing nuclear weapons, the ICJ arguing that " a dispute exists when it is demonstrated, on the basis of the evidence, that the respondent was aware, or could not have been unaware, that its views were “ positively opposed” by the applicant", concluded that it cannot be said, based on the evidences presented to him, that the United Kingdom was aware, or could not have been unaware, that the Marshall Islands was making an allegation that the it was in breach of its obligations. Therefore the Court concluded that the first preliminary objection made by the United Kingdom must be upheld and, consequently, the Court does not have jurisdiction under Article 36, paragraph 2, of its Statute. This is the first time that the Court has expressly mentioned the "criterion of awareness" and examines in its light the defendant's objection. The question is whether this approach in line with the case-law of the Court? The judges of Minority respond negatively, and consider it a dangerous innovation. We cannot share this point of view since a similar approach has been adopted by the Court in these recent decisions. However, it is not sure that this approach would be consistent with the principal of the sound administration of Justice.

Abstract: In Islamic jurisprudence criminal teachings are often classified under the title of decrees and punishments (ahkām va siyāsāt). Even jurists who classified different sections of Islamic jurisprudence in a different way, have not put criminal teachings as a part of the acts of worships (ībādāt). In practice, however, the way jurists treat criminal teachings is more consistent with assuming them as a part of the acts of worships, i.e. fixed and unchangeable laws. This article clarifies the location of criminal teachings in Islamic jurisprudence first and then mentions the methodological consequences of this classification. The article concludes that not all criminal teachings and rules can be counted among mysterious laws and/or acts of worships. The laws that contain prohibition of some behaviors might be counted as something mysterious and as a part of the acts of worships, but not those related to the quality and quantity of punishments. Therefore, they can be under the influence of social developments and accept some rational changes except those changes that have been rejected implicitly or explicitly by the holy lawmaker.

The deep Seabed or oceans floor beyond national jurisdiction of states, is rich of mineral resources. Industrial and technological progresses has been leading to increased need for minerals, , many states with the aim of meeting their industrial needs made efforts to explore and exploit the mineral resources of the Area. Since the human knowledge about the Area, s environment is not comprehensive mining and the exploitation may leads to the pollution and environmental damages. In order to protecting the marine environment, the Law of Sea Convention (1982), imposed previsions, whether for provide full protection for the marine environment, or for the full and complete compensation. The protection duty leads to talk about the responsibility or liability of sponsor state. Since the Area is the common heritage of mankind, the Major issue is whether the liability system envisaged by the Convention and related regulations, are a comprehensive system to protect the Area's environment or not? . The present Article with a descriptive-analytic approach identify and analyze various aspects of international responsibility of the sponsor state arise from the activities in the Area.

The number of regional trade agreements grew substantially from the first half of the 1990s to the 2000s. The purpose of the regional trade agreements is to facilitate trade between the constituent territories and not to hinder the trade of other members of the territories. WTO agreements, provide exceptions to the adoption of contrary-measures to WTO rules and principles regarding regional trade. It should be noted that any measure taken without due observance of the terms is contrary to the provisions of the WTO, especially the Most-Favored Nation Principle. The formation of regional trade agreements requires the observance of standards for domestic and foreign trade between the constituent members. There are however certain ambiguities in relation to some of the concepts and terminologies used in the relevant provisions of the GATT and the GATS, which have been somewhat clarified in the panels and Appellate Body jurisprudence.

Protest uprising organized by tractor users in November 2016 on Eastern roadsides of Esfahan Province (IRAN) and their clash with police has been always a headline in newspapers. This phenomenon has been referred to as in only one of the numerous decisions affecting lifes of people radically. Why such decisions have been adopted? and why farmers have been faced so many crisis is the main questions posed by public. This Article seeks to study the nature and role of "public participation" in preserving water sources, as well as capacity of internal law and administrative system of Islamic Republic of Iran for promoting public participation in regulating and adoption of administrative decisions and their implementation for protection of environment in general and especially preserving rare and vital water resources. It seems that failure to respect the principle of public participation as one of the most important elements of governance is one of the important obstacles to realizing sustainable development. Participation of beneficiaries of a given decision in adapting public decisions, which directly affect their lives, through negotiation of people and union representatives, public survey, research and seeking non-governmental organizations' opinions not only can prevent adoption of arbitrary decisions and guarantees transparency of administrative decisions, it also promotes the culture of organizational transparency and contributes to the promotion of public culture and guarantee active participation of citizens in enforcement of decisions which protects rights of future generations and will guarantee sustainable development.

Todays, the development of science is regarded as one of the most important conditions for survival among different societies, which highlights the special place of higher education in each country. Universities are able to play the role of their own stimulus and developer appropriately when they indicate flexibility and act intelligently during the momentous changes in science and knowledge. The desire of the political and administrative system of Iran to their reliance on its administrative focus is regarded as the most important challenges for academic institutions, which cannot be easily solved, along with questioning the independence and freedom of higher education institutions. Thus, a careful and accurate planning should be prioritized in this regard. One of the main problems is related to the fact that policy makers and decision makers decide on a variety of internal and external issues in the field of higher education and their tasks are coincided with each other. As a result, preventing conflicts and overlapping the responsibilities of policy makers and decision makers in this area are considered as one of the solutions for solving this problem. In the present study, the main question is based on the principles of coping strategies and conflict of tasks among the important decision-making organizations. To this aim, the status and scope of the approvals of these institutions are examined in the hierarchy of legal rules, and the nature of the approvals of the references in terms of politics, laws or regulations are emphasized by regarding legal considerations.

Unauthorized transaction is lagally defined as a transaction the subject of which is others’ property. The legislator may consider some of them as voided (625. c. c) while others are regarded impervasive yet capable of pervasive(247c. c)and the rest are regarded as being correct but ineffective concerning the goods of third person– 223. 231c. c. in a correct sale contract(with the goods belonging to a third person)the ownership of seller is not condition in civil code. however, the commitment of principal unauthorized seller(183. c. c. ) is to obtain the consent of the owner. The violation of the above-mentioned commitment leads to a daarak in correct sale contract (a halt in vesting possessory of the goods to customer as the good is belonging to a third person)this is a loss of customer for not taking possession of the sold goods yet. accordingly the Daarak is not defendable. The violated commitment must be fulfilled, that is: The consent of owner is obtained. (390. c. c. ) concept of Daarak is not defined. it seems that Daarak as defined above is created in a correct ineffective kind capaple of giving possession of the goods, not any other genre of unauthorized transactions. The refusal of owner makes the contract vitiated as a non-tetrogression process.

Constitutional jurisdiction, prior to the advent of broad wave of human rights concepts (almost before 1945), can be examined primarily within the framework of institutional constitutional law. At that historical period, the administration of constitutional justice, wich had the primary purpose of ensuring the stability of governmental structures and the existing separation of powers and observance the hierarchy of norms, was usually abstract. The supervision of the constitutional courts at that time was mostly priori, and in cases where posteriori review had been foreseen, referral of the petition was merely a matter for the authority of government officials, such as the president or prime minister. After the end of the Second World War and the movement of legal systems towards libertarian constitutional law, tangible changes were made in the functions of these institutions. From now on, different countries have provided individuals access to these institutions in various ways in order to pursue their fundamental rights and freedoms. Among all of the predicted ways of accessing constitutional jurisdiction, the constitutional complaint has come up with wider grasp. Constitutional complaint is the most effective way of guaranteeing and protecting fundamental freedoms. In this paper, after classifying and reviewing the different ways of access to constitutional jurisdiction, considering the importance of constitutional complaint and answering questions related to the components and principles of this method, its significant effects on the formation of participatory democracy and the theory of human rights in a country will be considered as the basis for the constitutional complaint.

The principle of inseparability payments is very important in the relationship between the debtor and creditor and indicates that the creditor can not be forced to accept the partial payment of debt. Given that this principle is not an imperative rule and it can not be associated to the public order, the parties may agree contrary to that. Also there are some exceptional cases in the law-including: the party’ s agreement regarding partial payment, judicial moratorium, offset, death of debtor and transfer the subject matter of obligation to the other-that according to them the creditor can be forced to accept the payment partially. Price Fluctuations, among other things, should be considered to justify partial payment. In this paper, the principle of inseparability and its exceptions were studied partially and on case by case basis. In brief, exceptions to the principle of changeing the contract are to the extent that can seriously weaken this principle.