MODARRES HUMAN SCIENCES
Year:2008 | Volume:12 | Issue:3 (TOME 58)|Papers Count:11

Changing gender is one of the important subjects, which is of great significance in medicine and law. Although, these subjects were existed in the past, owing to the development of technology and medical science, it has recently improved a lot. Nowadays, according to the view of Islamic Jurisprudents and in the most legal systems, this action will be quite lawful provided that the doctors recognize its effects of this action should be considered. One of these effects would be the relationship of couples with each other. For instance, does the contract of marriage will be remind or cancelled? What will happen to the dower (the money that hausband is obliged to give to his wife)? What about the waiting period (Iddah), inheritance, guardianship, custody and… Generally, in a contract that the kind of gender has not role, changing gender has no effect. But, in a contract that the kind of gender playa fundamental role, it will be cancelled from the moment that it has been changed, and does not have any effect on the previous acquired rights.

The performance of criminal justice, which is the aim of each criminal proceeding, will not have any chance to be appeared without holding a fair trial, in which the rights and freedoms of the accused, victim and other individuals engaged in the criminal process are respectably recognized. The public trail occurs in a situation, in which the hearings charging to the accused are held and managed without any obstacles for the attendance of the ordinary persons and the public media. This situation is considered nowadays as one of the main elements of fair trials and a right of human rights in the criminal actions. Any departure from the principle of the public trial shall be deemed and considered as the breach of the conditions of fair trials and ignorance of the primary rights of individuals, except in the cases specified and contained in the law, which are applied just in the democratic conditions and as a result of the balance of interest and contradictory values. In spite of some early conceptions that generally recognize the elements of a fair trial as the defender of the rights of the accused, the public trail guarantees some advantages and interests for the society. Thus, the individual right of the accused together with the public interest of society should be defined and explained in the frame of the principles of the public trial. This paper describes the subjective principles of the public trial after introducing and presenting the initial problems.

The president shall be elected for a four year tenn by direct general ballot and may be reelected for only one further successive term. The conditions of the eligibility for the presidency are provided in the Principle of 115 of the Constitution. The Guardian Council views the new conditions and obstacles as to be inconsistent with the Constitution. The confirmation of the candidates' eligibility and supervision on the elections rest with the Guardian Council. The President shall be elected by an absolute majority in two rounds. According to top absoluteness of the Principle 117 of the Constitution, obtaining absolute majority of the votes cast is necessary for the election to the presidency in the first or second round of voting, but the interpretation opinion of the Guardian Council accepts the election of the president with relative majority of votes of the participants in the second round. If one of the eligible candidates dies in the ten days prior to the election, the election will be delayed for two weeks. If one of the two candidates with the most votes dies between the first and the second round of the elections, the election time will be extended for two more weeks. Delay or extension of the elections for two weeks is to provide the proper possibility of propaganda for the remaining candidates. The constitutional legislator could provide the possibility of registration of the new candidates by ruling to reelections till the supporters of the deceased are not deprived from representation in the competition. The election of the new president must be carried out at least one month prior to the termination of the term of the incumbent president. The term of the new presidency will begin by the supreme Leader with signing the order of the president.

By classification of different kinds of plural responsible in tort and comparison of Islamic juristic opinions, theoretical bases and practical effects arising from these opinions were reviewed and analyzed. In addition, a general theory, which is inferable from the Islamic jurisprudence texts in respect to plurality of responsible and its effects on the injurer’s remedies to be compensated, was provided. The main important enquiries dealt within this article include:a) What are the bases and essentials of tortuous liability of plural responsible - according to Islamic jurisprudence?b) Which rules should be applied for the relations between plural responsible?c) Which rule governs on the injurer’s remedies to be compensated? The most important gained results as per Islamic jurist's opinion are:-"Joint and several liabilities" is specialty of contractual liability and never apply for tortuous liability.- In respect of collision and crash accident, the rule of proportioned liability based on the effectiveness in causing the relevant damage, is a matter of consensus among the Islamic jurists.- Opposite to a famous opinion, Islamic jurists deny joint and several liabilities of usurpers.- The base of liability in all kinds of plurality of responsible is the rule of imputableness.

In mutual obligations, the necessity of simultaneous performing of obligation and withholding performance with refusal of the other party has been approved as two interdependent rules in Iranian law and the majority of European countries.What the present essay engaged in is that if one of the counter creditor pioneers carries out the partial of defective performance, what would be the effect of this case on the right of lien of the other party.After pondering and criticizing the different views about this case, the authors came to this conclusion that in the hypothesis ofthe problem in some cases and considering some conditions in the right of lien, the other party may not withhold his own performance to the same proportion from the obligation that is performed.

The exclusionary mechanism has been approved by different criminal justice systems in various forms. While basic principle of approval of this rule in English legal system is restitution and compensation to victims of police abuse of power, American legal system mainly emphasises on the impact of this rule in deterring police violation of defendant's rights. Iranian penal code has recognized this rule in particular criminal case.It seems that translation of this rule into national criminal laws has been under the impact of international instruments and comparative studies without considering its theoretical basis and other necessary legal and administrative mechanisms. That is why this rule has remained at the rhetoric level and it is hardly come to reality, even in the case of gross violation of defendant's rights such as physical torture.

Distinguishing the nature of contracts related to exploitation of rights of creators of works has important legal impacts. Thus, some writers, with regard to the characters and aspects of these rights, analyze them as "interest" and conclude that such contracts are, "sale or hire". By studying the nature of copyright, and the effects of such contracts related to exploitation of works, we concluded that Iranian law despite formal similarities with the above mentioned contracts, has different nature. Such contracts in Iranian law are more like usufruct contracts.

"Restorative Justice" is a new model in criminal justice which emphasizes on reviving of the victim's rights and settling the problems arised from the commission of offences with active participation of the victim and community and also offender via negotiation and reparation of damages and making peace among them. "Reconciliation" is one of important and emphatic procedures in Islam in case of disputes and divergences, which is done with participation of all people in the Islamic society and free participating of the dispute parties. This essay, meanwhile, intends to study the concept of "Reconciliation", its characteristics, and the adaptability of "Restorative Justice" with this concept and performance of "Restorative Justice" under the light of "Reconciliation".