QUARTERLY OF LEGAL ENCYCLOPEDIAS
Year:2021 | Volume:4 | Issue:12|Papers Count:7

Article-knowledge (in the context of statutes) is a newly compounded proposition designed similar to such terms as encyclopedia, terminology, knowledge based, knowledge-essence, associate professor, educational grade, etc. In this editorial, an attempt is made to design and propose a scientific order by the use of these newly found compounded words. In order to organize "the knowledge pertaining to articles of the law" and to develop an article-oriented approach in researching the law, the authors believe that in this manner contemporary legal literature will evolve, become more efficient and enriched. By the power of God Almighty.

The basic rule is that the debtor has no right to delay the payment of the debt if the payment of the debt is immediate or on time and assuming it is possible to perform it. However, most jurists believe that any debtor can refuse to pay his debt until he can provide evidence to prove its payment, due to the need to prevent harm resulting from the possibility of re-conviction and taking an oath. However, some jurists believe that only in obligations, the debtor has the right to refuse that his claim is not accepted in fulfilling the obligation. Other jurists have considered this right to be assigned to obligations for which the creditor has a positive reason to prove the principle of obligation. It seems that the view of most jurists in the current law regarding the obligations whose subject matter is to perform a positive act or surrender property is acceptable, provided that the creditor is not subject to unusual damage, and In addition, the debtor, if possible, can suspend the fulfillment of his obligation to give the receipt. we can cite reasons such as the rule of La Zarrar, the rule of Zarourat and necessity to avoid conflict, the reason of Sireh, the debtor's excuse, and the criteria of some verses of the Holy Quran. Important effects and rulings are made on this view; The debtor is not responsible during the refusal period. The authorized guarantor does not have the right to refer to the debtor in the absence of a positive reason for performing the debt and the debtor does not approve the payment. The lawyer in the delivery of property is required to provide a positive reason. The costs of maintaining the property during the refusal period are primarily borne by the debtor.

Though urban planning has a long history in Iran, the growing population in the cities, especially in recent centuries, the emergence of governments in its modern sense, and particularly numerous and different needs of the citizens has led each city to implement its own particular comprehensive and detailed plan suited to its specific circumstances. In Iran, ratification and modification of detailed urban plans are undertaken by a commission called the Detailed Plan Commission. These commissions are generally known as Article 5 Commissions and this refers to the Article 5 of the Act entitled Establishment of the Iranian Supreme Council on Urban planning and Architecture. Regulation and modification of detailed plans require a high degree of expertise and the legislator has therefore sought to minimize the possibility of error by bringing together experts from different fields. Nevertheless, the possibility still exists of error or intentional misconduct on the part of the members of the commission, and the resultant damage inflicted on the citizens. Therefore, the main challenge is how to compensate for this damage. However, to achieve the desired result, we need to answer such questions as the nature of the commission, the status of its capacity for rights and the capacity to exercise its rights and obligations, the extent of the government's liability for the damages caused by the commission’ actions, and finally the position of the delinquent committee members in this equation. According to the authors, in the first step, the government has the responsibility to compensate for damages sustained by individuals as a result of errors and wrongdoing committed by the commission, and for number of reasons Article 11 of the Civil Liability Act lies outside of the subject of this research. In the next step, the government may claim compensation from members present in the commission who committed intentional misconduct or error. Stabilishment and adoption of such an approach can serve to make the members of the commission more cautious in examination or ratification of minutes and would prevent the occurrence of possible errors or misconducts.

Prosecution of the accused is one of the main steps of the criminal prosecution process, which has been included among the powers and duties of the competent authority in the matter of prosecution in order to preserve individual and social interests. The decision to prosecute, in accordance with the rules of Iranian national proceedings, and in the field of international criminal law in accordance with the Statute of the International Criminal Court, is borne by the prosecutor. The study of the provisions of Iranian criminal law, along with an examination of the provisions of the Statute of the International Criminal Court as a valid and standard document on how to organize criminal proceedings through the confrontation of the two systems of mandatory or appropriate prosecution, help to better delineate the powers and duties of prosecutors. In the structure of Iranian regulations on criminal procedure, institutions such as discontinuance of prosecution, archiving of cases, mediation and suspension of prosecution are deemed as necessary institutions for recognition of the appropriateness of the prosecut1ion system that, with the approval of the Code of Criminal Procedure adopted in 2014, have emerged out of scattered and special laws and have assumed the comprehensive aspect. Moreover, in the light of Article 53 of the Statute of the International Criminal Court and the procedure governing the proceedings of this Court, it can be said that the International Criminal Court, despite the fact that it has adopted the model of compulsory prosecution as its principle or basis, has also paid attention to the principle of appropriateness of prosecution and the interests of justice and reasonable basis. Therefore, in some cases the Statute has left non-prosecution of the accused to the discretion of the prosecutor. In addition, anticipation of institutions such as deferral of investigation or prosecution, complementary jurisdiction in the provisions of the Statute and the precedent of the International Criminal Court are also considered as indicators that suggest recognition and application of a system based on appropriateness of prosecution in the rules and precedent of this Court.

In general, in order for the verdict issued by the court to be considered in person, the accused or his lawyer must be present at the court hearing, and to achieve this, they must be summoned to the hearing in advance or sent to the court in the absence of a defense bill. Otherwise, the vote will be out-of-court. In addition, the vote should be of the verdict, not the order, so the orders are always considered in-person. But this is a little different in the case of children and adolescents, because first, as we will examine according to the Iranian law, Children and adolescents are not summoned to the hearing. Secondly, the verdict issued by the juvenile court is not necessarily an order or a verdict, but can be decision-making in nature and contain preventive actions. However, in this study with using library resources, have been studied a detailed of the conditions governing the presence and absence of judgments in juvenile courts and the existing ambiguities.

A government decree has been considered the authority of the leadership in the Islamic Republic of Iran based on principles 5, 57 and 110 of the constitution and the realm of Shiite jurisprudence and has been accepted as a guiding principle. Considering this, asking him to issue a government decree to maintain the high position of the leadership can be interpreted on the basis of two criteria: exceptional circumstances and emergency situations. The permission of the then head of the judiciary from the leadership in dealing with disruptors of the economic system can be analyzed according to the principle of interaction of forces in anti-corruption legislation in the shadow of the second paragraph of Article 158 of the Constitution and Article 74. In this vein, the need for urgent legislation in dealing with economic corrupters was examined in the light of Article 97 of the Constitution and the Rules of Procedure of the Islamic Consultative Assembly. Another way of getting permission of the head of the judiciary can be drawn through paragraph 8 of Article 110 of the Constitution and in the form of solving the problems of the systemThe final legal dimension of this license is the analysis of the differential trial of the crimes of those who disrupt the economic system which the amendment of permission seeks to take into account the specific aspects of the prosecution of these crimes, such as attention to security, speed of investigation, and public demand for punishment, while maintaining a fair trial framework.

It is a long time that wherever the separation of powers is spoken, authors point out the name of Charles de Montesquieu as the founder of this conception immediately in public law and naturally attribute his most famous book: "The Spirit of Laws". But accuracy in this weird book shows that except for one case, this scholar doesn't mention to "separation" in the text of his book. Interestingly the system that under the influence of it, he wrote "The Spirit of Laws" (the British at the time) didn't base on the separation of powers in such a way that attributed to him. In addition to the lack of separation of powers in the content as a word, whatever from tenor of "The Spirit of Laws" is decent for conclusion is: "balance of powers no separation of them". Montesquieu in the whole of his book-especially in the Chapter VI of the book XI-praised the political freedom caused by the balance of triple powers. So it can be said neither those who have admired him as the inventor of the separation of powers nor those who have attacked him for same reason, has not been a fair understanding of what Montesquieu has said about division and balance of powers. This paper intends to illustrate the true idea of Montesquieu by examine the evolution of the separation of powers and a new narration of the book "The Spirit of Laws".