QUARTERLY OF LEGAL ENCYCLOPEDIAS
Year:2021 | Volume:3 | Issue:9|Papers Count:9

Personal status includes the rules that are specific to human beings and means the characteristics that determine the personal and legal status and identity of a person in the family and society. This study is in a descriptive and analytical method examines the specific views of Allameh Mohammad Hussein Kashif al-Ghatta on personal status with a comparative approach to the views of Sunni jurists and religious minorities recognized in Article 13 of the Constitution, including Iranian Zoroastrian, Jewish and Christian in three parts: marriage, divorce and will. Finding of this research is to what extent the trans-religious views of Imami jurists, including Allameh Kashifa al-Ghatta ', can be effective in bringing Islamic religions closer to each other, establishing domestic laws and influencing other religions, and the legislator is better to pass an independent law in this regard, like some countries, considering the importance of personal status with an approach to religious foundations and taking into account the requirements of the time.

Interpretation of contract means elimination of existing ambiguity and conflicts in the contract to achieve the intention of the contractors. One of the methods used in interpretation is the use of principles of literality, such as the principle of generality. According to this principle, as one of the examples of the appearance principle, in case of doubt concerning the scope of the contract, the general words contained in it, in the absence of a restrictor (a matter that restricts the scope of evidence), should be construed in its general meaning, unless the party claiming restriction is able to prove it. Of course, a restrictor can be either verbal or non-verbal. General practices, or procedures established between the parties or specific commercial custom may be considered as non-verbal restrictor and prevent the interpretation of general words to their generality. But in the normal situation, the principle governing the interpretation of the general words of the contract, is that of lack of restriction or the principle of generality. This is deemed the way to establish customary appearance (the meaning that conventionally comes to mind) and to discern the will of the parties.

Social life in the modern world requires a kind of tendency to continuous and fundamental understanding and dialogue; Understanding and dialogue that is more than a practical approach based on tolerance for each other but based on a specific formulation of epistemic convergence. In other words, behind any kind of tolerance and leniency in the public arena, there needs to be solid epistemological foundations; These epistemological foundations are effective not only in the efficiency and deepening of peaceful social life, but also in the theological foundations of religious knowledge. In fact, the first step in civil tolerance and true faith is to accept the possibility of human fallibility as an essential element inherent in him/her. Acceptance of this element causes man to always be anxious about the validity of his perceptions. The inevitable consequence of this epistemological anxiety is that one should always be open to reviewing and reconstructing one's beliefs, never consider oneself as the criterion for judging others and consequently does not expect others to follow one’ s beliefs.

For the first time and in an admirable move in the history of criminal law legislation, the Iranian legislator enacted criminal evidence in a coherent manner in the Islamic Penal Code of 2013. Prior to the ratification of this law, criminal evidence was expressed in a scattered manner and in the form of separate articles. However, with the ratification of this law, a great transformation took place in the formulation of criminal evidence. Articles 160 to 216 of this law were devoted to criminal evidence, and of these, Articles 201 to 210 were devoted to oaths. This article examines criminal law, the available written sources, internet sites, files of these sources and compares oath with other criminal evidence in Iranian criminal law. The findings of this study indicate that comparing the oath with the confession, nine common and three different aspects were identified. Comparing oath with claimant swearing, thirteen common aspects have been identified, and comparing oath with testimony in criminal cases, seven common and six different aspects have been identified, while comparing oath with judge's knowledge, five common and five different aspects have been identified.

According to the appearance of legal and jurisprudential writings, the discussion of the conflict of testimonies, with a distinction between after the issuance of the sentence and before it, has been discussed in general. However, according to the depth of the word of Islamic jurisprudence, the conflict, in addition to the above-mentioned division, also includes the conflict due to the immorality of the witnesses in the secondary testimony (hearsay evidence). However, Article 1319 of the Civil Code considers both of the above assumptions to be subject to the same sentence, and the order in which such testimony does not affect the application has caused doubts. The presumption issued by Article 167 of the Constitution and Article 3 of the Code of Civil Procedure has made reference to (jurisprudence) as the source of laws inevitable. With the studies carried out in the analytical application of Shiite and Sunni jurisprudence, the channels for discovering the immorality of intuition and referring them to the case that is not the case of immorality of the intuition were separated; In the first case, the violation of the verdict issued with the criteria of paragraphs 5 and 6 of the Code of Civil Procedure and the beautiful narration, and in the second case, Article 1319 of the Civil Code should be considered in the premise before the verdict and after the verdict of the client Considered the guarantor of property.

In our country, the Organization of Registration of Deeds and Real Estates is affiliated with the independent judiciary. This has led to disagreements and suggestions about changing the position of the Organization of Registration of Deeds and Real Estates in the structure of the government and the three powers, and raises the question of what factors cause that organization to be a separate or integral part of the judiciary, and what effect will this issue have on the independence of the judiciary as well as the performance of the Registration Organization? This study has reached the conclusion, using a descriptive-analytical method, focusing on the study of the duties of the Organization and matters of a judicial nature, that in the light of the nature of the various duties and powers of the departments of the Organization, the separation of enforceable official documents departments to the structure of the judiciary, separation of real estate registries as part of the legislature, Separation of notaries, marriage and divorce offices and registration of companies to the executive branch, and annexation of patents and industrial property to the Civil Registry Office, are in line with judicial independence and legal principles.

Money laundering is one of the organized crimes that has become particularly important for most countries today because it has created many obstacles in the path of economic, social and cultural development of societies all over the world. In recent decades, with the considerable growth of new technologies, the pace and shape of money transfer has also changed, making the operations more complicated and combating this economic problem. Money laundering is any kind of act or attempt to conceal or change the appearance of illegitimate proceeds resulting from criminal activities in such a manner that they appear to be proceeds originated from legal sources. Money laundering or purification of money is a criminal activity that crosses even the geographical boundaries of countries and is not restricted to the same country. Money laundering has many detrimental effects on the economy. Pollution and instability of the economy, weakening of the private sector and privatization programs, corrupt government structure, distrust of the people, rising government spending, declining government tax revenues, establishing instability in the global market are just a part of these effects that shows the great importance of combating money laundering operations. Capital market is one of the businesses exposed to money laundering and taking into account the foundations of the capital market, brokerage companies are deemed as a gateway to the country's capital market and this issue distinguishes the position and importance of stockbroking companies in identifying and preventing money laundering operations. In order to be able to succeed in this endeavor they must always have a clear and up-to-day understanding of the new methods of Money laundering technique and therefore be able to identify and combat them by adopting appropriate and effective solutions. In this paper, first, the concept of money laundering is expressed and after explaining the concepts of money laundering and its study and executive background, anti-money laundering solutions, especially by stock brokerage companies, are presented.