Legal Research
Year:2009 | Volume:- | Issue:48|Papers Count:17

One of the most fundamental rights of human beings is the right of consumption. The more protection that is given to the consumers the easier their life and the more peaceful future for the people would be.The product liability is of importance not the least because of the difficulties encountered by who has no power, whatsoever, to bring actions in contract or in negligence against powerful companies for significant injuries alleged caused by defective product. Seventy five years ago, the English legal system began to think how to protect the weaker party (consumer) against the producer or manufacturer of dangerous goods, while in Iranian law, till now, nobody has been able to persuade the old and ignorant members of the Council of Guardians (the so called scholars) appointed for not allowing the parliament Acts to be against Islamic Laws, that the vulnerable people of the society do need some kind of protection against the producers and manufacturers.The principles of Islamic law do allow such a kind of protection to be given to the consumers. Few months ago (May 2007), the Council of Guardians approved the law for the protection of consumers of vehicles. This indicates that, from the Islamic point of view, the protection of all consumers is a humanitarian act, which must not be disregarded. This article is an attempt to persuade the Iranian legislature not to guard against the consumers interests; and if they choose to protect the consumer, what principals they should observe in that respect.

This essay is an introductory analysis of conceptions of the Rule of Law and Democracy and their multi-layers interpretations. There are compiled political, legal and sociological literatures digging up those conceptions separately, though not necessarily their conceptual relationships. This short essay attempts first to present various readings of the Rule of Law and Democracy as follow: Aristotelian, Montesquieuan, formal and substantive conceptions of the Rule of Law on the one hand and majoritarian, liberal, and participatory readings of Democracy, on the other. Then five conceptual and possible relationships of those theories have been examined: common grounds, the comprehensive conception of the Rule of Law, the comprehensive conception of Democracy, formal Rule of Law and formal Democracy, and ultimately Substantive Rule of Law and formal Democracy. This essay has tried to clarify some of common and popular misconceptions of those theories along with some important caveats and remarks including the integration of the fundamental role of Human Rights in current understanding of those concepts and also that the Rule of Law and Democracy should be comprehended far beyond their formal and limited scope. The author is of the opinion that there are many reasons for those concepts to co-exist.

The Warsaw Convention of 1929 and the Montreal Convention of 1999 apply to all international and most domestic carriage of persons, luggage or goods performed by aircraft.According to Article 17 of the Warsaw Convention which the Montreal Convention of 1999 made inconsequential changes in that article: "the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger ". What types of injuries are contemplated by the term "damage sustained"? Can a passenger recover for mental injuries? These issues have been examined in this article.Part 1 of this Article describes the relation between mental injury and bodily injury. Part 2 examines the divergent analysis of courts interpreting the bodily injury requirement. Part 3 studies the negotiations among the delegates at Montreal Conference and concludes that the new Convention broadened the scope of passenger recovery.

Diversity in people's relations in each society makes the diversity in each others' rights and responsibilities. Caused by the juridical relations source, opposition in rights responsibilities, creates the conflict and dispute and in many cases creation of contest in courts. The Court is unable to define "contest"; for applying the related rules of contest, out of "Mode" and "Matter". Definition of Contest or Discord is Recognizing the relation of it with one of the under parts of oppositions and governing the topics of meaning on antitype. Since the root of contests is right and rights have different categories, contesters therefore will find different categories. Corresponding the matter of dejure in French rights, which relates between person and hereditament and related rights, real contests, separated to personal and complex - which "Right" is the main topic of the "Good" and "Hereditamenf', contesters are splitted to "Good" and "Hereditament". In this article, the division is being analyzed and its advantages and its drawbacks is being told and on the contrary corresponding the rights which split into "Financial" and "Non - Financial", therefore create "Financial" and "Non - Financial" Contesters, gazing at the religious, university and Judicial processes with the General and Particular and their analysis and criticism, recognition criterion and the given contests' denotations from each other and the division of Financial and Non-Financial contests is being defended. Comparing to the related impressions of the division of Financial and Non- Financial contests with related effects on Real, Personal and Complex contests; financial and Non-Financial contests own sixteen effects and due to this ownership, it is known as the Total Contest amongst all.Since, in French Law there is no "Financial" and "Non-Financial" divisions, the whole contests' divisions in this country, the derived impressions, especially topics like "Protesting", "Revision", "Demand Date", "Trial Funds", "Procrastination Services Fund", "Ceasing-Sentences Application" etc. are done by Comparative Analysis to French Law.

The current paper is dealing with a widespread problem in international business which involves the conflict between national economic regulation and arbitration clause in international commercial transaction. The emergence of various forms of regulatory laws has not only put restrictions on the substantive aspects of freedom of contract but has also restricted access to the alternative dispute resolution including international commercial arbitration in the case of a dispute arising from a contract between the parties who have already designated arbitration as mechanism for resolution of their dispute. The reason for such a restriction on the arbitrarily of regulatory disputes is that the public law dimension of these disputes could be compromised if they are left to private adjudicators. However, international commence and taking into account the interests of other states may require a more lenient approach to the issue of arbitrability of regulatory disputes in an international context.

Although some Islamic jurists do not regard intoxication as a defense to murder, Islamic Criminal Act, according to some Islamic jurists, provides that homicide while intoxication does not involve retaliation (qisas) if (1) the drunk was in a state of automatism and (2) he did not make himself drunk in order to commit murder. While the Legislator has been subtle in reflecting this religious rule in some cases, but the Legislator was not precise in other cases including commission of crimes less serious than homicide and other crimes (Hodud and Ta'zirat) while intoxication. Consequently the Legislator could not provide a comprehensive act fully consistent with Sharia (Islamic law).

Adaptation of fair and efficient Criminal Policy against Violent Crimes depends on understanding of 1) etiology of crime 2) forms of any types of Crime and 3) types of criminals of any crime. After reviewing of different types of violence's, this article is intended to reconsider the Plausibility Causes of Violent Crime, depicted in Biological, Psychological and social domains. In the end a number of classifications of murder and murderers will be examined.