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Author(s): 

SAFARI N. | DEHGHANI P.

Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    18
  • Pages: 

    125-149
Measures: 
  • Citations: 

    1
  • Views: 

    2454
  • Downloads: 

    0
Abstract: 

The jury is a group of different classes of the community who work as representatives of public opinion in dealing with claims. Although this institution has been accepted in most legal systems, in rare cases, its admission is limited to criminal cases and it doesn’ t apply in the Civil proceedings. However, in some legal systems, including the United States and Australia, the jury is also foreseen in Civil cases. In this paper, we will study the position and the positive function of the jury in Civil proceeding in the legal systems that have accepted the jury in Civil cases and possibility of the acceptance of the jury in the legal systems of Iran. One of the important effect of the jury is the deterrence and encouragement aspect of that in tort cases in the legal system of United State.

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Author(s): 

MOHAMMADI PEZHMAN

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    40
  • Issue: 

    SUPPLEMENT: 101
  • Pages: 

    297-316
Measures: 
  • Citations: 

    0
  • Views: 

    1525
  • Downloads: 

    0
Abstract: 

The Law of evidence has seen a Sharp change in Iran since the Islamic Revolution of 1979. The change was mainly made in the form of substituting customary evidence with sharri-ah approved evidence such as witnessing (Bayyenneh) and oath (Ghasam). As to the oath, however, one can reject the idea that it can be taken as evidence in an action involving Legal entities. When an action is attributed to a person, he, himself, might be asked to take oath and so, it is considered as personal evidence and cannot be delegated. This will generate consequences. These aside, the person who takes oath must qualify certain features and conditions like having believe in God and capacity which are difficult to justify, Particulaly, in respect of legal person’s oath.

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Author(s): 

MOHAMADI PEDJMAN

Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    29
  • Pages: 

    387-416
Measures: 
  • Citations: 

    0
  • Views: 

    1271
  • Downloads: 

    0
Abstract: 

In addition to the limitations resulting from the personality of parties to a Civil claim which reduces its effective working, oath, as legal evidence listed in Civil Act and in Civil procedure Act, suffers from certain object ـrelated constraints. Some of these constraints lie in the nature of the oath as a abstract last resort evidence. Oath as an only formal evidence is peculiar to the believers in God who can take it in a legal action. This peculiarity and the possibility of attribution generate interesting issues. More over, an examination of cases in which oath is taken, shows that, notwithstanding recent legal reform, oath can yet be taken only in a Civil action which is open to prove by witness and such sort of Actions are many, certain Actions, too, can only be proved, using particular evidence, other than oath and witness, listed in statutes and hence it is important to know them.

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Author(s): 

HASANZADE MEHDI

Issue Info: 
  • Year: 

    2015
  • Volume: 

    7
  • Issue: 

    1
  • Pages: 

    125-149
Measures: 
  • Citations: 

    0
  • Views: 

    2170
  • Downloads: 

    0
Abstract: 

Upon some articles of Civil procedure code (as articles 17, 84, 89 and 147) the relation between the Actions and its effects on trial has been considered. These effects are different in accordance to the cases and the branches of courts, related Actions in the same division of the court, related Actions in different divisions of the court, related Actions in parallel courts and related claims in courts with different degrees. There are some questions about the effects of these relations. This study deals with these questions and some arguable matters in this field.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    7
  • Issue: 

    1 (13)
  • Pages: 

    101-126
Measures: 
  • Citations: 

    0
  • Views: 

    193
  • Downloads: 

    0
Abstract: 

Class action is an action sued on behalf of an unspecified group of the injured persons. These Actions, which have been formed in common law, and in particular in American law, make it possible for a number of people who have similar claims with the palintiff to be heard in a single lawsuit. Due to the significant advantages of these Actions, the necessity of their acceptance in the Romano-Germanic legal systems as well as Iran law is raised. However, some principles and concepts of Romano-Germanic law and Iran law and some structural differences of the American law, have created obstacles to the acceptance of American class Actions in other legal systems.

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Author(s): 

YAZDANIAN ALIREZA

Issue Info: 
  • Year: 

    2017
  • Volume: 

    8
  • Issue: 

    1
  • Pages: 

    64-66
Measures: 
  • Citations: 

    0
  • Views: 

    945
  • Downloads: 

    369
Abstract: 

Damage may sometimes be caused by inexperienced trainees who are learning a profession in the presence of an employer. In some countries, like France, one of the examples of Civil liability arising from another‟s act is Civil liability of the employers, artisans and craftsmen. This liability arises from trainees‟ Actions who are learning a profession in the presence of an employer. One of the problems of such systems is the determination of nature of this responsibility. This responsibility can be a responsibility of watchful to care for another person's Actions such as the responsibility of a father arising from his child's action and it can also be liability from others‟ Actions like the responsibility of the employer arising from worker's action. The determination of this question will have different effects on the burden of proof of fault. In the law of Iran, in the Civil law and the law of Civil liability, this responsibility is not mentioned. It seems that the determination of the legal regime governing this responsibility, partly depends on the nature of such responsibility. This article will examine this topic by taking assistance from the French law.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    5
  • Issue: 

    1
  • Pages: 

    143-176
Measures: 
  • Citations: 

    0
  • Views: 

    781
  • Downloads: 

    0
Abstract: 

The roles and missions of police personnel as enforcement officials of justice are in a way that the probability of any loss arising from their Actions are very possible. On this basis, due to these Actions, the adverse outcomes ranging from death, injury and property loss are triggered in all years that consequently lead to the legal proceedings against police personnel. In many cases law enforcement agencies or employees are convicted to pay compensations to persons aggrieved. Therefore, this study, referring to different legal literature and studying available notions, aims at explaining the Civil liability arising from the act of police chiefs and their subordinates and the impact of these responsibilities on the enforcement officials’ tasks. The research method was library studying and survey method and the type of the research is implicational. The data collection tools are note taking from literature and a researcher-made questionnaire. The statistical population was all of the police stations’ chiefs of (Tehran’s police chief) in 2011. The validity of the research was confirmed by the experts and scholars and its reliability was calculated and confirmed by Cronbach's alpha coefficient (73%). The obtained data from questionnaire were analyzed using SPSS software. Based on the findings of the research, measures of Civil liability arising from the act of shooting, illegal entry to privacy and failure to perform duties of court sentences have the most effect on the enforcement officials’ tasks. Therefore, it has been suggested that certain rules should be passed by legislatures in order to expand the government’s responsibility for the performance of police personnel. In addition, a training course entitled as "Civil liability of police" should be included in the curriculum of university so that before attending the police stations the personnel would be familiar with Civil liability, especially liabilities arising from 3 aforementioned indices.

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Writer: 

ملکی رامین

Issue Info: 
  • Year: 

    1395
  • Volume: 

    2
Measures: 
  • Views: 

    1967
  • 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.

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Hormozi Khayrollah

Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    355-388
Measures: 
  • Citations: 

    0
  • Views: 

    71
  • Downloads: 

    15
Abstract: 

The chapeau of Article 107 of the Iranian Civil Procedure Code states that the withdrawal and dismissal of Actions “…shall be in the following order…”. Then, in three paragraphs, paragraph (A) mentions the withdrawal and dismissal of Actions, paragraph (B) refers to the withdrawal and dismissal of Actions before the end of the negotiations, and paragraph (c) provides the withdrawal of the claims after the end of the negotiations. In all three paragraphs, withdrawal of a petitions and claims are voluntary, and only in paragraph (C) (withdrawal of the claims after the end of the negotiations) the consent of the defendant is the precondition for dismissal. Even in this case, if the defendant does not consent, the plaintiff can resort to withdrawal and dismissal of Actions. But the court should issue the writ of suit’s dismissal and the plaintiff no longer has the right to sue on the same matter. Therefore, according to this Article, the will of the plaintiff is effective in the withdrawal of a petition and claim and the will of the defendant or defendants has no effect. In addition, there is no mention of the court's obligation to rule on payment of the costs of the proceedings in the case of dismissal of Actions. It is despite the fact that, undoubtedly, file a case and then the petition impose some costs on the defendant or defendants and the court has a duty to address it. Furthermore, four terms of petition, claim, termination of negotiations and dismissal of action are mentioned in this Article, but their meaning are not stated. This paper tries to discuss and critique this Article and compare it whit similar cases in French law.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    3
  • Pages: 

    399-412
Measures: 
  • Citations: 

    0
  • Views: 

    81
  • 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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