MODARRES HUMAN SCIENCES
Year:2001 | Volume:4 | Issue:4(Tome 17)|Papers Count:12

In spite of the companies may have all rights which law recognise for humans, for their unreal nature, they can not exercise their rights and inevitably performance of rights leave to humans which act as its directors. Now, directors powers limits not arise from legal theories, but they result from social and economic facts. Therefore, proxy and agency theoris which indicate limited powers for directors and inconsistant with commercial exigencies and its most important principles, namely security and speed, were set aside, the "Identification Theory" which contains all powers for directors in relation with third parties, was arised. Iran and English legal systems also, accepted this directors full powers. The full power is, merely in relation of compay with third parties, but in relation of directors with company, they must act in limits of accertained powers and if they act ultra vires, they shall be responsible befor, the company. Although their act before third parties is effective.

Technologytransfer, a procedure based on which,sciences,technologies, skills and Scientificand technical abilities,ownedor controlled bya foreign country or foreign companyare transfered to a country or company,demanding them, constitutes one of the basic subjects of the foreign direct investment. Technologytransfer is one of the most essential and fundamental subjects in foreign direct investment. Obtaining newtechnologiesinnovated by developed countries and the multinational companies is a principal goal of the developingcountries. TechnologyTransfer from the standpoint of the analysis of its nature.within the legal systemof the IslamicRepublic of Iran, is already entailed in Article 10 of Iranian Civil Code. Technology as an immaterial commodityis transferable, both commerciallyand non-commercially. Joint-ventures, some times interpereted as legal participation or commerica1 participation, is considered as important and efficient method for the commercial transfer of technology.Amongthe different methods of advanced technology transfer, the foreign direct investmentby wayof establishing joint venture companies is of the autmost importance. For on the one hand, the foreign investore due to its partnership in managementand ownershipusually present acceptable Technology. On the other hand, on accounts of local partners awarneceof internal circumstancesthe Legal, economic and political sensitivitiesare minimized.

Bribery is known as a pJlblic crime. It is relized by two parties: briber and bribee. Without paying attention to view of private criminal law and criminology, in this research wehave investigated the substance of bribery, whether does it alocate to subject of judgment, is active corruption and passive corruption a single crime and finallyhow the question of taken goods by bribery must be treated. It is concluded that bribery doesnt alocate to judgment, active and passive corruption which are independent crime and the third result is the property must be return to its owner. Even if the legislature can design the equivalent of the taken goods as a pecunary which must be paid by defendant.

One of the most important threats to the world community in modrn age is the "Organized Crime". In criminology this includes the severe unlawful activities committed by the highly structured groups with special characteristics to obtain power and benifits, although in criminal Lawthese attributes are not necessary for the groups.This crime however is as old as the nation, but the globalization of the economyand depending of the countries upon each other on economic matters and the development of the international comunication and transportation have cused it to become transnational and to expand its domain to international level. Organized crime has been studied in criminology at first. Some states have criminilized it, but not widely, in their internal law after appearance of its threats to the communityby th crriminologists.Furthermore, several regional and international treaties have been signed to combat Organized Crime. Because of its threats, the U.N. ConventionAgainst Transnational Organized Crime has been signed in November 2000 in General Assembly session of U.N. to promote international cooperation and harmonize internal laws against transnational organized crime. Because Iran has engaged in combatting organized crime, especially drug trafficking, it is necessary for Iranian legislature to legislate proper Acts to prevent, control and supress manifestationsof Organizaed Crime.

In order to render a general theory about contracts for the benfit of third parties in Imamiyah Jurisprudence, the author in an overview in various instances of stipulations and contracts for the benefit of third parties in the texts oftraditions and jurisprudence, considered three important of them in more details. The results of this research are as follows: 1. The principle of privity of contract is valid in Imamiyah Jurisprudence as in other legal systems. 2. The contracting parties can exceptionally make promise for the third party by virtue of their intentions and wills. 3. The effects of contracts for the benefit of third parties must be determined with regard to the express or implied intentions of contracting parties. 4. The contracting parties can revoke or change the contract which they made for the benefit of a third party. However they can disclaim this right so the right of third party will be crystallized.

Bergson was one of the outstanding philosophers of Europe in twentieth century. Bergson was influenced by spencers philosophy, but after a while found out that this philosophy couldnt explain the evolution of biological existants. He regarded the cause of this non -ability as Spensers approach about the concept of time. His approach about time was that one was usual in astronology and mechanics. Bergson knewthat what philosophers, physicists and mathematicians had understood about time by that period, was corresponding with space. Characteristics such as: quantity, divisablity, and measurabilty that they considered for time, in general, was far from the feature of real time (something that was called duration by Bergson). What Bergson called duration was an special consequenceof concious states, and it would be meaningless, if we regarded it as independent from the man and a concious spectator. Bergson analysed the concept of number and that of space, so as to represent an accurate representation of duration. By this way, he made clear that real time (duration) hadnt any relation to a countable time and divisible space. Bergsons methodology for research about this subject was intuition. Therefore, he, by immediate perception of conscious found out that pure duration consisted on a consequence of qualitive variations that have been melted to each other, have influenced to one another, without an determine border, without any tendency to going out of each other and without any relation and link to the number. That why we cant percept a non-measurable time (duration) is because of that we are familier to space, but also we are plungingin it.

Relation between two theories is a discourse of Epistomology.There are two general relations between theories: refution relation and confirmation relation. This article suggestesco-structural realtion. This relation can be the base of the philosophical model theory. Philosophical model theory means: a theory that the other one is structured on its base. We can compare the above subject in Mulla Sadra and Leibniz on Soul and God: Soul or mind is a philosophicalmodel for God in several respects. Such as nature of soul, to Liken God to soul philosophically, Correspondence between Soul and God in some respects like: their agancyin, and domination over, body and nature, and ...which have discussedin the article.

In religious experience,especially mystical experience, the problem of whether these experiences descirbe reality, or the problem of the objectivity of religious experiences, is fundamental, and for the purposes of theology it is especially important. Rudolf Otto (1869-1937), a German philosopher and theologian, holds that the objects ofnuminous experience are objective and are present in the external world. Oito has presented an interpretation of the common features of religious experience in terms of numinous experience. Otto claims that the objectivereality of the objects of religious experiencecan be explained with reference to the nature of numinous experience. In this article Ottos principle claims in this regard and his arguments for them are reviewed

Mental states like thoughts, beliefs, desires, hopes, ... exhibit intentionality in the sense that they are always direct on something: if one hopes, belives or desires, he most hope; belive or desire something Hope, belief, desire, perception and the other mental states which are directed on something are known as intentional states. The terminology of intentionality derives from the scholastic philosophy of the Middle Ages, and was revived,.by Brentano in 1874 in his famous work: Psychology from an Empirical Standpoint. Brentano characterized intentionality in terms of the minds direction upon an object, and emphasized that the object need not exist. He also claimed that it is the jntentioI).ality of mental phenomena that distinguishes them from physical phenomena.

The purpose of this paper is to explain and to interpret the rational Justification of religious beliefs from the point of view of reformed epistemology.For this Purpos we first discussthe negative aspect of reformed epistemology and next its affirmative aspect. Byits negative aspect wemean the objections of refarmed epistemology to the traditional modal of rationality, that is, the evidentialismrooted in classicalfoundationalism.And the affirmative aspect is the model it offers; a model that is not a complete rejection of the .previous one, but an improvement and adjustment by increasing the number of foundations of rational noetic structure of properly basic beliefs.