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Journal: 

URBAN STUDIES

Issue Info: 
  • Year: 

    2012
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    171-214
Measures: 
  • Citations: 

    0
  • Views: 

    1950
  • Downloads: 

    0
Abstract: 

This paper aims to study social factors that influence law abiding behavior of Ardebili residents. The ideas of Merton, Luedtke and Schwartz, Sutherland and Crassey, and the theory of needs were used as the theoretical framework of this study. This is a correlation study that utilized a 31-items questionnaire to collect needed data from a 383-individual sample that was selected using a stratified random sampling technique. Conformity to the law was the dependent variable and the independent variables were: age, gender, education, social status, individualism, the satisfaction of material needs, social surveillance, encouragement (or reward) and association with non-law abiding persons. The results showed 8.6 percent of the residents were low law-abiding, 55.1 percent were medium law-abiding, and 36.3 percent were high law-abiding. Of the independent variables, individualism, social surveillance, gender, and having the right means for achieving an end were significantly related to conformity to law.

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Author(s): 

Poorhossein Somayeh

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    1 (24)
  • Pages: 

    103-112
Measures: 
  • Citations: 

    0
  • Views: 

    533
  • Downloads: 

    0
Abstract: 

Objective: In general, when a financial market works ordinarily, the probability distribution of the first significant digit of the returns of the assets listed therein follows Benford’ s law, but does not necessarily follow this distribution in the case of anomalous events. This law shows the contingency of various digits in a set of numbers thus it can be used for assessing data sets that occur naturally. Method: The present study applied Benford law in order to investigate the empirical probability distribution of the first and the second digit of daily stocks return in listed companies in the Tehran Stock Exchange during 1384 – 1393. Results: The findings show that the data of daily stocks return in listed companies in the Tehran Stock Exchange that used in the present study do not obey the Benford law. This can be due to some reasons such as different data transformation or influential conditions in the Iran stock market.

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Author(s): 

HATAMI MEHDI

Issue Info: 
  • Year: 

    2021
  • Volume: 

    20
  • Issue: 

    11
  • Pages: 

    127-148
Measures: 
  • Citations: 

    0
  • Views: 

    206
  • Downloads: 

    0
Abstract: 

The present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rights of developing countries in the field of advanced technologies, critics of the PSI believe that the intention of the members of the PSI to seize ships in the high sea and territorial waters violates the principle of freedom of the high seas and the right of innocent passage in territorial waters. In addition, the practices conducted in the framework of this initiative violate the right to self-defense and Security Council resolutions such as 1718 and 1540. On the other hand, the nature and manner of joining the initial operations and statistics about the success of its operations are vague and distorted. The finding of this article is that regardless of the justifications and support formed by this initiative, such an arrangement cannot be considered in conformity with treaty law and customary international law as well as the Security Council resolutions. The Proliferation Security Initiative is an illegal arrangement worthy of persistent objection, non-recognition and tries to prevent it from becoming the customary rule of international law.

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Journal: 

طب و تزکیه

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1503
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    -
  • Issue: 

    51
  • Pages: 

    41-66
Measures: 
  • Citations: 

    0
  • Views: 

    241
  • Downloads: 

    0
Abstract: 

United Nations Convention on Contracts for the International Sale of Goods (CISG) deals with the subject matter of conformity of the goods with the contract from two perspectives: physical and legal conformity. Rules regarding physical conformity of the goods with the contract have been set forth in articles 35-37 of the CISG. Articles 41 through 43 encompass rules pertinent to legal conformity of the goods with the contract. Physical conformity of the goods with the contract comprises delivery of goods that is of the quantity, quality, and description required by the contract and which is contained or packaged in the manner required by the contract. In addition, the convention has set out some default rules that are applicable in situations in which the parties are silent as to the quality of the goods. The present article is an attempt to scrutinize instances of physical non-conformity and remedies resulting from such noncompliance. In so doing, special attention has been devoted to the recent literature and jurisprudence.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    17
  • Issue: 

    69
  • Pages: 

    117-127
Measures: 
  • Citations: 

    0
  • Views: 

    1594
  • Downloads: 

    0
Abstract: 

The principle of expediency is a basic principle in Islamic jurisprudence that encompasses the joint essence of all other rules. Imam Khomeini clearly believes that expediency is the basis for issuance of governmental rules to the extent that upon his order the Expediency Council was established in 1988 in line with observing this key principle in Islamic lawmaking. Therefore, clarification of this principle and its status, due to centrality and role in explanation and deduction of rules from the legal sources and requirements for lawmaking, particularly in family affairs, is necessary.This research study intends to clarify the principle of expediency as a super-principle governing the Islamic lawmaking system upon contemplations on Imam Khomeini’s views, in order to give a picture of this principle in Islamic lawmaking system, and finally clarify the centrality of this principle in family system, while emphasizing priority of the collective expediency. This study concludes that despite fundamentals of Shia jurisprudence and Imam Khomeini’s emphasis on observing collective expediency in enacting laws and inclusion of the principle of expediency, the lawmakers did not – in some cases – refer to the expediency of family affairs in collective expediency and they have merely focused on occasional expediencies. Therefore, it is necessary for the lawmakers to bring this principle into conformity with the secondary issues in family affairs (as the most important organ in a society) while observing the above-said requirements in line with meeting the demands and protecting the family system. It is, to that end, necessary to recodify and amend the pertinent rules and regulations.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    10
  • Issue: 

    2
  • Pages: 

    153-164
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    9
Abstract: 

IntroductionThe non-conformity of goods in transactions can always be considered as one of the types of economic, financial and social risks [1], due to which not only the parties in the sale have problems and risks and possible losses, but also judicial institutions and arbitration courts are inevitably involved in solving the problems. It is possible that it will cause material and spiritual damage to the society. Of course, the nature, scope and scope of risk knowledge is very simple, and if a comprehensive definition of risk knowledge is provided, it consists of knowing the event, phenomenon, process, state, situation and thinking and worldview that may cause loss of life for the individual, population, society and environment, spiritual and financial [2]. In general, many transactions are done during the day, some of which are not done correctly. The non-conformity of the goods in transactions, including sales, leads to damages and losses to the parties and imposes certain legal effects on the seller, buyer and even third parties. In Iranian law, there are provisions for material non-conformity and defects and guarantee of executions according to articles 410 to 415, 437 to 422 in the civil law. In economic relations between individuals, when the goods do not match and the seller does not fulfill the obligation, the customer has the right to cancel the transaction and refund the price he paid, and the obligation to fulfill the undertaking along with the demand for damages for delay in delivery according to the text of the written contracts that have such performance guarantees [3]. A high volume of the density of cases entering the judiciary of Iran is caused by the failure of the parties to fulfill their obligations according to the provisions of the contract and at the times agreed upon by the parties. Also, full compensation is discussed in paragraphs 1 and 2 of articles 3, 4 and 5 of international principles and agreements. Based on this, the injured party is entitled to receive full compensation due to suffering injuries caused by non-performance. In this article, in addition to the problems surrounding domestic contracts, the compatibility of international documents and conventions with domestic laws and the expansion and explanation of their differences and commonalities have also been discussed.Research methodologyThe current research, like other researches in humanities, has been done by analytical and descriptive method and its information has been prepared by library method and by means of data collection. Of course, a kind of field method has been used in the current research by referring to judicial authorities and examining cases with similar issues.Discussion and findingsToday, legislators are trying to compile a set of regulations or create conditions to reduce the dangerous effects caused by product non-conformity with proper notification. According to the present research, the non-conformity of the goods, both materially and legally, has consequences that affect the parties of the transaction at the time of transfer of the exchange guarantee and after that, and the implementation of the contract according to the provisions of the agreements is faced with difficulties. In Imamiyyah jurisprudence and according to it the civil law of Iran and some other legal systems, the seller is responsible for the loss and he is required to return the price to the buyer, if he has paid. On the surface, this is not compatible with the possession of the sale contract, because the requirement of possession is the transfer of the exchange guarantee to the owner and the lack of responsibility of the seller. In the convention, in order for the customer to be able to use the performance guarantee due to non-conformity, he must inspect the goods in terms of conformity within the shortest period of time. Otherwise, according to articles 38 and 39 of the Vienna Convention, the seller cannot claim responsibility for non-compliance. [4] In Iranian civil law, the difference between the type of goods specified in the contract and what is actually delivered in the contract, especially in the sale of a specific object, causes the contract to be invalid, but if it is a general sale, the seller is required to provide the goods of the promised type. [5] The laws of European countries such as Belgium and France are more similar to the provisions of the Convention on the International Sale of Goods. Regarding performance guarantee, the comparison of Iran's law with the Convention on the International Sale of Goods shows serious differences in the two laws. In Iranian law, failure to determine the amount, type, and description causes the contract to be void or to exercise the option and terminate the contract; While in the Convention on the International Sale of Goods, the mandatory request of the contract, which includes the right of termination, and it is a fundamental breach when it leads to such damage to the other party that basically deprives him of what he is entitled to through the contract. He hopes to deprive it. [6] It should be noted that the effects and risks that arise from the seller's non-compliance with the contract can be considered in several ways: the effects and risks that are imposed on the seller, the effects and risks that arise for the buyer. Effects and risks associated with third parties.ConclusionWhat was obtained from this research shows that both in Iran and in international documents, attention has been paid to the nature and dangerous effects of product non-conformity. In fact, it should be acknowledged that the innovation of this research is that it has examined the issue of risks caused by non-conformity of the goods, which has not been considered in any research so far. In general, the non-conformity of the goods in different transactions can lead to risks that both the seller and the customer and third parties suffer losses and damages. The examination of this issue in the convention indicated that in order to reduce the hardship and prevent the loss of capital due to the termination of the contract, appropriate provisions have been provided for the wrong party, whereby the violator can compensate for the non-compliance in fulfilling his obligations by submitting an alternative or repair goods and documents and compensate. In this regard, Article 34 gives the seller, who has delivered the documents and documents of the goods before the date set for delivery, the possibility to compensate for the non-compliance until the expiration of the contract, provided that the exercise of this right causes unreasonable hardship to the customer or imposing unreasonable costs on him, however, any right to demand damages as stipulated in this convention is reserved for the customer. The same feature can be seen in the principles of European contracts. In Iran's civil law, ambiguity in the amount sold is considered to be the cause of invalidity of the contract of sale, and the delivery of more or less amount is not considered to be a violation of the contract, and it considers different situations. In the general sale, the excess amount belongs to the seller and the seller is responsible for the compensation of the deficit amount. In the sale of an indivisible fixed object, a fraction of the amount gives the buyer the right to cancel, and an excess gives the seller the right to cancel.

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Author(s): 

AGHAIENIA H. | DABESTANI P.

Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
  • Issue: 

    4-5
  • Pages: 

    171-191
Measures: 
  • Citations: 

    0
  • Views: 

    919
  • Downloads: 

    0
Abstract: 

The thought of the offender about circumstances of self-defence does not always conform to the truth. The so-called non-conformity could be conceived in two different conditions which include, on the one hand, mistake as to existence of circumstances of self-defence and on the other hand, ignorance about them. To find the legal rule of these two conditions, it is to search for the thesis which is the ground on which every individual legal system views the general structure of self-defence. This thesis could be either a pure subjective, a pure objective or a mixed one, according to be focused on the necessity of either offender’s belief or knowledge as to circumstances of self-defence or their occurrence in reality. Accordingly, the approaches towards the current issue would be structured as pure subjective, pure objective or mixed approaches. This article is to consider the approach of few legal systems as to these dual conditions through a comparative outlook.

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Author(s): 

Heydarian dolatabadi Mohammadj avad | Aliakbari Babukani Ehsan

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    152-191
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

Competition law is a newcomer to the legal system recently. A sound understanding of competition policy can provide us with sufficient bases to apply a fundamental and normative view of the issues of competition law. The difference in supervision and regulation determines how the market functions and in order to understand this difference one must understand competition policy. Competition policy may be based on governmental support for national production and industry or on a non-interventional and regulatory posture. Moreover, supervision, based on the principle of non-intervention in the market mechanism, is rooted in liberal ideas; however, regulation, whether as a rule or an exception, is based on the assertion that the market has been ineffective in attaining its goals. Therefore, the government will resort to interventions to regulate inefficiencies.  This paper aims to analyze Supervisory Authority in Implementing Competitive Policy by employing the description method. In this article the author tries to first delineate competition policy, its related requirements and imposed deviations to the market. Then, by defining the supervisory entity and clarifying its distinction from the regulatory institutions, the author considers the characteristics of an appropriate supervisory entity conducting a comparative study of this issue in Iran and the U.S.A. This form of Competition policy because of its applicable experiences which have been well described by recent scholarship is considered suitable for the native system.

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