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Author(s): 

Joneydi Laya | Razi Sepideh

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    41
  • Pages: 

    83-125
Measures: 
  • Citations: 

    0
  • Views: 

    47
  • Downloads: 

    28
Abstract: 

In Iranian legal system, several acts have been enacted on the liability of foreign state for violating international law. Some of these acts have been enacted in order to protect the rights of the Iranian people and diplomatic support, and others in order to make counter measure against violation of immunity from jurisdiction and enforcement ‎by a foreign state, as well as to determine the competent court to file lawsuits and similar issues. In this study, Iran's legislative performance in the mentioned issues with an analytical approach, in order to identify Iran's legal capacity regarding the responsibility of the foreign state is examined and then the gaps in the mentioned laws are discussed. A study of the various acts in this field shows that these acts are often written without proper notice to sufficient accuracy, expert opinions and principles of legislation. Therefore, it is needed to consolidate these acts, which mainly have the same subjects, into a coherent act with sufficient scrutiny in writing articles, considering international law, and without mere quick reactionary approach to foreign state’s measures.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    825-837
Measures: 
  • Citations: 

    1
  • Views: 

    83
  • Downloads: 

    3
Abstract: 

Background and Aim: One of the topics that are directly related to human rights is the rights of people with disabilities. Lack of prediction of sufficient performance guarantee of the rights of the disabled, causes weakness and defects in the rights of this category of people. So, laws and legal rules must be approved in such a way that there is no possibility of non-implementation by individuals. Therefore, in this article, we will examine the performance guarantee of the rights of people with disabilities and in the end; we will seek to provide a disable model. Methods: This research was written using documents and library resources and descriptive and analytical method. Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed. Results: The findings indicate that in the discussion of the guarantee of CIVIL enforcement, should be made a distinction between the government liability and non-governmental organizations and in issue of government liability, a distinction should be made between the liability of the government and government employees. Even in some cases, joint liability can be used to prevent the violation of the rights of people with disabilities and better compensation. Conclusion: It seems that in the issue of guaranteeing CIVIL enforcement, the three powers should be responsible for their actions in the cases of approval and adoption of ineffective laws and incorrect implementation of them and there is no difference between the government actions and the government authority. Even in cases of moral damage inflicted on a person with a disability, this type of damage must be compensated. Also, regarding the liability of individuals and non-governmental institutions, according to the general rules of CIVIL liability, no damage should remain uncompensated and this people should follow the general rules of CIVIL responsibility. Please cite this article as: Hasanabadi M, Parsa E. CIVIL SANCTIONS Implementation of the Rights of People with Disabilities in Iranian Legal System and Providing a Desirable Model. Medical Law Journal. 2023; 17(58): e56.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    4
  • Pages: 

    211-238
Measures: 
  • Citations: 

    0
  • Views: 

    220
  • Downloads: 

    23
Abstract: 

Obligations are of two types: personal and non-personal. Generally, obligations are not bound to the obligator’s character, and in effect, the he will be obliged to fulfill the specific performance should he refuse the performance of non-monetary obligations. In Article 2-2-7 of the UNIDROIT Principles of International Commercial Contracts (UPICC), the rule of specific performance the same non-monetary obligation is acknowledged; however, in Clause D of the Article, as acknowledged in the regulations of many countries, performance of an exclusively personal obligations is excluded. Art. 239 of the Iranian CIVIL Code maintains "if the obligator cannot be convinced to perform the subject of the contract and it might not be performed by a third party either, the other party will hold the right to terminate the contract. Art. 729 of the Code of CIVIL Procedure of 1939 considered the performance of an exclusively personal obligation mandatory- which was repealed in 2000. Yet, drawing on the same Art., Art. 47 of the Law on Execution of CIVIL Judgments of 1978 considers the performance of an exclusively personal obligation mandatory. Recruiting a descriptive-analytical design, the current study investigates the SANCTIONS for the performance of personal obligations in the international trade documents as they arranged in line with the domestic laws of the countries party to the agreements. Findings suggest that the elimination of SANCTIONS in the implementation of Art. 47 of the Law on Execution of CIVIL Judgments, the impossibility of specific performance and execution of the judgement in such obligations, and considering the right of termination for the party in loss are consistent with the new legal and Fiqhi standards on this type of obligation.

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Writer: 

ملکی رامین

Issue Info: 
  • Year: 

    1395
  • Volume: 

    2
Measures: 
  • Views: 

    1964
  • Downloads: 

    0
Abstract: 

در طراحی سیستم های آبیاری بارانی ثابت با آبپاش متحرک از نرم افزارهای AutoCad و WaterGems استفاده می شود که به صورت تخصصی جهت انجام این مراحل طراحی نشده اند.از این رو برنامه ای به زبان VBA به نام Sprinkler Irrigation (SI) در محیط CIVIL 3D نوشته شده که امکان طراحی لایوت لترالها، آرایش شیرهای خودکار، محاسبات هیدرولیکی، تهیه لیست و لایوت اتصالات و گزارش گیری دارد. از قابلیت های مهم این نرم افزار داشتن یک پایگاه داده جهت انتخاب خودکار مشخصات فیزیکی لوله ها براساس محدودیت های سرعت در خطوط اصلی و افت مجاز در خطوط لترال، محاسبه فشار مورد نیاز در ابتدای تمامی لترالها و مشخص کردن مسیر بحرانی است. این نرم افزار قادر به گزارش دهی بر اساس SF، SDR، PE، PN و وزن لوله های کل پروژه می باشد. محاسبات هیدرولیکی یک مزرعه طراحی شده با نرم افزار به مساحت 51.13 هکتار با نرم افزار واترجمز مقایسه گردید که بیشترین درصد قدرمطلق اختلاف فشار در مسیر بحرانی 0.259 درصد بدست آمد.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    3
  • Pages: 

    399-412
Measures: 
  • Citations: 

    0
  • Views: 

    77
  • Downloads: 

    17
Abstract: 

The awareness of floods and estimating the debris flow is a fundamental step for assessing risk and planning in the watershed. The village of Sijan, located in the Southern Alborz, is one of the areas threatened by debris flows. The research aimed to estimate the volume of debris flows along 700 m of a stream of Sijan Village time range from 2018 to 2021. The study method included surveying the stream in two-time intervals, which involved one concrete and four gabion checkdams, and calculation of erosion and sedimentation happened via debris flow using the CIVIL-3D software. Results showed that five check dams had 823 m2 and 750 m3 area and volume, respectively. Debris flows covered 25500 m2 after the flood in 2019, in which the estimated erosion and deposition volumes were 7250 m3 and 10100 m3 according to the elevation difference technique. The Sijan stream channel experienced sedimentation and erosion along the northern and southern banks. Implemented watershed management measures have played a vital role in mitigating the risk of debris flows, especially at the concrete check dam.

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Writer: 

Issue Info: 
  • End Date: 

    1400-3-5
Measures: 
  • Citations: 

    1
  • Views: 

    241
  • Downloads: 

    0
Keywords: 
Abstract: 

based on Article (6) of the "Strategic Action for Lifting SANCTIONS and Protecting the Interests of the Iranian Nation" act passed by the Islamic Consultative Assembly (Parliament of the Islamic Republic of Iran) in December 2020, several indicators have been set on the issue of Lifting the SANCTIONS and benefiting Iran's economy thereof. These indicators include complete normalization of whole banking relationships, complete removal of export barriers, free sale of Iranian oil and oil products, and complete and quick return of [foreign] currency from there. Furthermore, according to Article (7) of the same act, the government (Executive power) must report to the Parliament on SANCTIONS lifting, where the relevant Commissions of the Parliament have to make their evaluation of the government’s report. These two articles together imply that economic benefits must accompany the lifting of SANCTIONS, and these benefits should be verified precisely and measurably. What matters now is what criteria and indicators should be used to verify whether the Iranian economy benefits from the lifting of SANCTIONS. In another report entitled "Managing the country's economy in the face of SANCTIONS; the need to plan the national economy with the assumption of the continuation of SANCTIONS" in detail and briefly in the present report, it is explained that the United States - As in the past- will use various economic, political and legal means that even if SANCTIONS are lifted legally , it will still prevent Iran’s economy from benefiting out of SANCTIONS relief. It is important to note that the use of a mere legal approach to lift the SANCTIONS from a legal standpoint —the privative approach— is a strategic mistake and will not lead to Iran’s economic benefit when the United States of America, due to its lack of serious will to lift SANCTIONS, is trying to increase the risk of economic cooperation with Iran by employing various means. Compiling extensive lists of US SANCTIONS against Iranian individuals and legal entities and insisting solely on the legal lifting of these SANCTIONS can be regarded as signs of this flawed privative approach. The following are some of the reasons for the lack of success in adopting a mere legal approach to lifting SANCTIONS: a. legal evasions and placing obstacles in the way of the authentic lifting of SANCTIONS by the united states; • Completion of the legal infrastructures related to SANCTIONS and their permanent nature, • Intertwining nuclear and non-nuclear SANCTIONS and imposing regulation to make the SANCTIONS on Iran inseparable, • Official and bipartisan acknowledgment by US officials of the need to conclude a new comprehensive agreement with Iran; Based on experiences, even if the US intends to lift SANCTIONS on paper, it will use various tools to prevent Iran’s economy from realizing the real and full economic benefit. b. Preventing Iran by the United States from benefiting from the lifting of SANCTIONS; • Taking no effort in improving the risk index of interaction and cooperation of other countries with the Iran economy and • trying to maintain the current level of cooperation risk, • Disrupting one of the links in Iran’s chain of foreign Economic cooperation, • Exaggeration in giving the minimum rights (advantages) due to the lifting of SANCTIONS and showing drawbacks as an advantage such as granting specific & general licenses instead of the lifting of SANCTIONS, • Increasing the political and economic risk of cooperation with Iran through formal rhetoric, media attacks, and informal pressures. In general, using a mere legal approach in the present situation cannot provide the possibility of authentic verification of the lifting of SANCTIONS and benefiting the Iranian economy in practice. Therefore, in addition to insisting on the legal lifting of SANCTIONS, operational and measurable criteria as an affirmative approach should also be designed to verify the benefits of the lifting of SANCTIONS. These indicators should be introduced as conditions of Compliance with the commitments and as preconditions for fulfilling the nuclear Actions of the Islamic Republic of Iran; these include demanding and ensuring the export of a certain minimum level of oil and oil products, conducting transactions easily by using revenues from export, the realization of a certain level (threshold) of monthly transactions and banking operations by targeted foreign banks and operational review of rules related to the international economic activity of Iranian Individuals and legal persons, which is assessed in detail in the present report. The verification of the actual lifting of the SANCTIONS and the realization of the measurable criteria (indicators) determined by Iran is impossible in just a few hours or a few days. The stated process will take at least 3 to 6 months. Accordingly, based on the definite policy of the Islamic Republic of Iran and the emphasis of the Leader of the Islamic Revolution on the necessity of prioritization of verification over the fulfillment of obligations by Iran, and also Compatible with the aforesaid Iranian Parliament Act, it is factually necessary and also legally mandatory to verify the benefit of the lifting of SANCTIONS by Iran based on quantitative and operational indicators. Furthermore, adopting a mere legal approach—focusing on the apparent lifting of some or even all SANCTIONS, regardless of whether such a lifting also leads the SANCTIONS to be lifted in practice—which may be overcome and followed due to the prioritizing of short-term political interests over national and long-term interests, must be avoided. The parliament's role in verifying the actual lifting of the SANCTIONS and the realization of the criteria of Iran's economic benefit from the lifting of the SANCTIONS is vital and unquestionable. Examining the explicit text and spirit of Article (7) of the Law on "Strategic Action for Lifting SANCTIONS and Protecting the Interests of the Iranian nation" and the detailed proceedings of parliament in the process of passing the mentioned law implies that the Re-commitment of Iran to the nuclear actions according to JCPOA, is possible just after the authorization issued by the Islamic Consultative Assembly. In Turn, This permission in accordance with the mentioned Act will issue by the Parliament only after lifting the SANCTIONS totally and the fulfillment of the measurable criteria.

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Author(s): 

Eshraghi Arani Mojtaba

Journal: 

Judgment

Issue Info: 
  • Year: 

    2023
  • Volume: 

    23
  • Issue: 

    4 (پیاپی 116)
  • Pages: 

    38-56
Measures: 
  • Citations: 

    0
  • Views: 

    56
  • Downloads: 

    32
Abstract: 

It can be confidently stated that Iran's aviation industry has suffered the most from the unilateral SANCTIONS imposed by the United States, while these SANCTIONS contradict specific international regulations that other sanctioned industries lack such legal backing. Most writings and arguments presented to demonstrate the illegitimacy of the SANCTIONS against Iran's aviation industry have thus far centered around general issues such as human rights violations and threats to human safety. However, the specific rules of international air law provide the best foundation for filing an independent complaint against the United States, having been utilized by other countries in similar matters. These rules include: the contradiction of the SANCTIONS with the international characteristics of aviation regulations and the condemnation of the extraterritorial application of national laws concerning non-American entities; incompatibility with the development of international CIVIL aviation; incompatibility with the prohibition of the misuse of CIVIL aviation; violation of the principle of equality of opportunities in international CIVIL aviation; and, ultimately, a breach of aviation safety. Furthermore, the International CIVIL Aviation Organization (ICAO), as a dedicated forum for resolving disputes in CIVIL aviation, offers unique capacity regarding jurisdiction and procedures for filing complaints that is not found in other sanction-related matters. This article, after reviewing the unsuccessful efforts to lift the SANCTIONS under the Joint Comprehensive Plan of Action (JCPOA), examines the aforementioned substantive aspects and the proper process for filing a complaint in the specialized forum of ICAO.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    12
  • Issue: 

    3
  • Pages: 

    75-88
Measures: 
  • Citations: 

    0
  • Views: 

    1304
  • Downloads: 

    0
Abstract: 

Economic SANCTIONS mean CIVILian actions that have undesirable effects on transfer of goods, services or capital to a particular country. Sport is also not an exception in Iran. Thus, the present study aimed to investigate the effect of SANCTIONS on Iran sport. This was a field study using a mixed method. The sample included the experts of management and sport (n=92) in qualitative and quantitative phases. A researcher-made questionnaire was used to collect data and its validity and reliability were confirmed. The exploratory factor analysis in SPSS software and confirmatory factor analysis in Amos22 software were used. The results indicated 5 significant factors resulting from SANCTIONS in sport including financial problems, knowledge and technology, international interactions, marketing and economics. The results of confirmatory factor analysis showed the construct validity of the questionnaire. Based on the obtained results, it is obvious that authorities should pay special attention to solutions offered in economic sectors, interactions, attention to production and privatization especially the economic and income-generating infrastructures in the sport sector in order to develop sport which could be the key to tackling this issue.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    -
  • Issue: 

    6
  • Pages: 

    155-172
Measures: 
  • Citations: 

    0
  • Views: 

    1120
  • Downloads: 

    0
Abstract: 

Increasing use of cheque as a commercial document has caused problems regarding its non-payment, thus, the legislature has attempted to curb these problems by using criminal tools. However, despite increasing of claims about the bad cheque, it seems that penal policies have been able to be useful in this regard. Recognizing the cheque commercial nature with the help of business rules, if the legislator supports this old Institution with a different approach, regardless of supporting document holder, the penal tools can have a proper place in removing the problems of cheque. Examining the views of legal scholars and the history of criminal provisions of the cheque and trying to recognize this entity as a completely independent commercial institution, this study has attempted to draw the correct method of entrance of penal rules in a homogeneous and effecting form and explain and clarify the capacities of CIVIL and commercial SANCTIONS in support of the nature of the cheque and the holder’s rights against criminal SANCTIONS. Thus, it seems that commercial deprivation of the cheque rather than criminal SANCTIONS can help preventing the issuance of bad cheque.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    3
  • Pages: 

    128-159
Measures: 
  • Citations: 

    0
  • Views: 

    157
  • Downloads: 

    25
Abstract: 

Central bank SANCTIONS are one of the types of economic SANCTIONS. Various forms of economic SANCTIONS in the strict sense of the word, including blocking and confiscating the assets of the sanctioned country, prohibiting export and import and buying and selling goods, blocking assets, (such as the blocking of Iranian assets by the United States following the occupation of the American embassy in Iran) ), currency and monetary restrictions such as increasing international tariffs and not granting loans or reducing credits and inappropriate exchange rate changes. Today, economic SANCTIONS can be mentioned as a tool to achieve foreign policy goals from other countries. The goal of the sanctioning country is to distort the economic relations of the sanctioned country and weaken the system of the target country, through the quantitative and qualitative reduction of the international trade level of that country. At present, the countries that have more economic and military power in the international arena and mainly include Western countries, have a share in controlling the international economy by using economic tools and various related SANCTIONS, including bank SANCTIONS. They act to weaken or expose the economy of the country targeted by SANCTIONS in order to secure their political interests and dominate other countries. For this reason, some Western analysts consider SANCTIONS as a tool that also weakens diplomacy. Therefore, in this article, the legitimacy of banking SANCTIONS in the international arena has been investigated, with an emphasis on banking SANCTIONS against Iran. Also, in this topic, the content of various opinions and decisions resulting from the SANCTIONS of the Central Bank of the Islamic Republic of Iran has been examined.

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