Comparative Law Researches
Year:2020 | Volume:24 | Issue:1 (107)|Papers Count:7

According to the doctrine of "clean hands", the injured party that resorts to the international court for reparation must be clean hands. "clean hands" has many similarities with "injured contribution of the injury", according to which the role of the injured party in occurrence of the injury is taken into account in determining reparation. Regardless of the similarities that are conceivable in terms of their origin, both of them are presented as claims by the respondent regarding the acts of applicant, and they also have available in cases where someone other than the main injured is present in the position of the claimant. The distinctions between them are also specially in the stage of influence. Thus, the lack of "clean hands" can lead to inadmissibility a claim at the jurisdiction stage, while the "injured contribution of the injury" is regarded as an effective factor on reparation in the merit stage. Also the "injured contribution of the injury" _against the doctrine of "hands hands"_ can with partial impact only reduce the amount of reparation, and include negligence of the claimant.

International law consist of the set of Principles, Rules and Regulations that accepted for Relations between States and International Organizations in International Community. Sovereignty of State would have a central role in creation of these Regulations. However, Sovereignty of State has been weakened in favor of Human and Humanity duration last few Decades. Focus on Human Right and its benefit and discourse-making for that on International Relation cause to Fading out Westphalian Sovereignty while Responsibility of State for Protection of Human Right has been Highlighted. No doubt Humanist Thoughts has important effects on this process. This article tries study that process by using Descriptive – Analytical Research Method.

The financial crisis has always been a threat to businesses because of the political and economic problems, and the legislator has taken action to prevent this occurrence because the financial crisis of the firm deprives society of its benefits. In the event of a financial crisis and the governing of bankruptcy rule, the question is that what extent can these legal rules prevent the business from collapsing? In response to this question, US and Iranian law were studied. In the United States as a country with a capitalist economic system, the legislature's primary goal is to support bankrupt and fresh start of the business. This goal has been considered in the reorganization and liquidation. To achieve this goal, it has been attempted not to shut down businesses enterprise prior to the reorganization and liquidation. In Iranian law, after the bankruptcy of an enterprise, the possibility of fresh start is very weak.

In Islamic jurisprudence, the prescription doctrine did not have much to do with the establishment or consolidation of the ownership entity. Therefore, the adoption of the law of prescription in contemporary times by the Islamic countries was largely an adaptation from the Western Law. In Iran's civil code, prescription does not have any effect on the establishment or consolidation of ownership. But the Iranian legislator in the form of public registration of property and property consolidation has inevitably benefited from the prescription doctrine of purely extinctive type. In Western law, the Acquisitive Prescription is fundamental basis for the acquisition of ownership, and as a result, today, in addition to Western countries and especially English law, the rules of the Prescription have a unique role to play in the establishment and consolidation of the ownership entity at majority of countries in the world. In this research, the role of the Prescription doctrine in the establishment and consolidation of the ownership entity was examined in a comparative manner and the important consequence is that at least in the area of property consolidation, use of Prescription doctrine is inevitable in Iran related Laws.

In England arbitration and Iranian domestic arbitration, substantive review (not procedural) is limited mainly to questions of law and finality of arbitrators’ findings of facts is accepted as a principle. However, the absence of explicit legal prohibition on the possibility of review of facts has caused ambiguities in this regard; In the UK, some believe "the Lack of evidential basis for finding of fact" as an exceptional test, especially in domestic arbitrations, may lead to the review of the arbitrators’ findings of facts, although the appearance of statute law, particularly in granting absolute discretion to arbitrators on the matters of evidence, opposes this view; on the other hand, in Iran's rules of arbitration, the possibility of reviewing “ substantive law” and the suspense of arbitrators’ power towards the matters of evidence, may cause all questions of fact to be reviewed, even on the evidence matters and the general process of fact finding; this study briefly describes the facts and law and analyzes relevant approaches to the review of the question of fact. Finally, despite the fact that this research finds such a review for the court possible due to the extension of the scope of question of law review, from the perspective of the current rules of domestic arbitration of Iran while considering the finality principle of the arbitral decisions and the nature of the rules particularly the analysis of Article 374 of Civil Procedural Act, it emphasizes on the court limited intervention to the arbitrators’ gross mistakes.

Humankind has always experienced conflicts of interests in his life. He has suffered from loss of health and environment resources meanwhile reaching economic profits. New technologies have facilitate people affairs and at the same time have caused unknown risks which are so ambiguous and complicated to be realized by scientists. So, it needs to adjust obtaining economic interests and protection of public health and environment. This concern is pursuit by putting forward and supporting precautionary principle to apply in WTO system. Dispute settlement body has claimed that the principle is reflected provisional measures (based on article 5. 7) and also in appropriate level of protection (ALOP) in different provisions of sanitary and phytosanitary measures agreement ( including paragraph 6 of preamble and Article 3. 3 of that agreement). This paper will examine that claim and clarify the relationship Between the precautionary principle and the appropriate level of protection in WTO legal system.

The uncertainty over the legal status of the central bank and its role in enforcing monetary and banking regulations will pose challenges to criminal proceedings related to virtual currencies; In the first place, the identification of virtual currencies that lack legal and central backing in the Iranian legal system as domestic and foreign currency and, secondly, the validity of the title of the foreign exchange for such transactions can be a source of ambiguity for the judicial system. To be considered. This paper is a descriptive-analytical methodological one and has been used to answer research questions in a comparative manner and from library sources. Precise legal definition of virtual currencies and their legal nature, modification of laws related to virtual currencies and adoption of new laws taking into account the unique features of virtual currencies in cases where the law does not exist, Determining criminal matters related to virtual currencies where it is not possible to comply with current laws, cooperating with foreign countries and international institutions in the exchange of information and communications related to virtual currencies, Agreement between the private and public sector on the use and application of virtual currency experts and the training of prosecutors and law enforcement officers are among the suggested solutions to address the challenges of dealing with virtual currency crimes.