Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 razavi razavi 1 264 1441 FA Journal Article 2021 10 17 https://cld.razavi.ac.ir/article_1441_5cd0efadd83e6420098d7c5c0a17b195.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 A Comparative Study of the Possibility of Enforcement of Punitive Conditions in Contracts  Dr. Mir Hosein Abedian  Assistant professor in Azad University A Comparative Study of the Possibility of Enforcement of Punitive Conditions in Contracts  Dr. Mir Hosein Abedian  Assistant professor in Azad University 3 44 1474 FA Mir Hoseyn Abedian Judge of Supreme Court, Assistant Professor of Law Journal Article 2021 12 12 Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with  economic and political developments and liberal tendency in the modern world. Study of the<br />Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with  economic and political developments and liberal tendency in the modern world. Study of the possibility of judicial adjustment, and distinction between punitive condition and those evaluating the amount of damages. Article 230 of civil law of Iran ratifies the fulfillment of such a condition. After giving explanations about punitive condition, this article investigates the subject through analytic study of the three views. The result of this research shows the necessity of revision in article 230 of civil law of Iran due to the possibility of judicial adjustment of this condition.<br />    Key words: Punitive condition, Judicial adjustment, Punitive condition and condition evaluating the amount of damages, Absolute fulfillment of punitive condition, Article 230 of civil law of Iran, The principle of freedom in contracts.<br />  Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with  economic and political developments and liberal tendency in the modern world. Study of the<br />Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with  economic and political developments and liberal tendency in the modern world. Study of the possibility of judicial adjustment, and distinction between punitive condition and those evaluating the amount of damages. Article 230 of civil law of Iran ratifies the fulfillment of such a condition. After giving explanations about punitive condition, this article investigates the subject through analytic study of the three views. The result of this research shows the necessity of revision in article 230 of civil law of Iran due to the possibility of judicial adjustment of this condition.<br />    Key words: Punitive condition, Judicial adjustment, Punitive condition and condition evaluating the amount of damages, Absolute fulfillment of punitive condition, Article 230 of civil law of Iran, The principle of freedom in contracts.<br />  https://cld.razavi.ac.ir/article_1474_7435f104e711990f9fb3f528b97a23a1.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 Mechanism of Prevention of Torture and Unjust, Non-human and Humiliating Punishments or Behaviors in the Protocol of 2002 A.D. Mechanism of Prevention of Torture and Unjust, Non-human and Humiliating Punishments or Behaviors in the Protocol of 2002 A.D. 60 45 1475 FA Ebrahim Beigzadeh beheshti Journal Article 2021 12 12 Eighteen years after the convention of torture prohibition, international society has decided to annex a protocol to the convention to prevent the crime of torture with a new approach. Although prevention was formerly based on the personality of the offender, it is now based on the personality of the victim and punishment is replaced by control an initiation. The ratified protocol<br />committee of prevention of crime’’. The other is establishment of institutions by the member governments. These measurements show that merely the existence of the committee for prevention of torture based on New York contract in 1984 is not enough and the international society has decided to stop this crime as far as possible. Since it may be regarded in some cases as a crime against humanity or a war crime, its prevention should be placed among the commanding rules of international law and its commission brings international criminal liability for the offender, disregarding his rank or position. In another word, his political or social position does not cause him to be discharged. Eighteen years after the convention of torture prohibition, international society has decided to annex a protocol to the convention to prevent the crime of torture with a new approach. Although prevention was formerly based on the personality of the offender, it is now based on the personality of the victim and punishment is replaced by control an initiation. The ratified protocol<br />committee of prevention of crime’’. The other is establishment of institutions by the member governments. These measurements show that merely the existence of the committee for prevention of torture based on New York contract in 1984 is not enough and the international society has decided to stop this crime as far as possible. Since it may be regarded in some cases as a crime against humanity or a war crime, its prevention should be placed among the commanding rules of international law and its commission brings international criminal liability for the offender, disregarding his rank or position. In another word, his political or social position does not cause him to be discharged. https://cld.razavi.ac.ir/article_1475_7db08f68d26e8f335fc67a95a5ccaf88.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 Jurisprudential Principles of Legitimacy of Mental Rights Jurisprudential Principles of Legitimacy of Mental Rights 61 96 1476 FA Mir Ghasim Jafar Zadeh Assistant professor in Shahid Beheshti University Journal Article 2021 12 12 Law of mental ownership is one of the new branchs of law. Although it is very fresh, the major has so developed in both quantity and quality that perhaps no other law subject resembles it. The large mass of national regulations and court precedents, as well as a large number of local and international documents shows its importance. Entering of these subjects into law literatures has made<br />main law systems shows that there are three major views: absolute fulfillment of punitive condition, fulfillment of the condition with the <br />has tried to reconciliate between religious codes and mental rights, and regard it acceptable.<br />     Due to the importance of the subject for educational fields, Iranian legislator’s tendency to reforming of current laws or making new laws, and the function of these new set of law in development of the country, a deep new jurisprudential study of the subject is necessary.<br />     Following this aim, this article jurisprudentaily challenges one of the most fundamental subject of mental ownership. Introducing the subject, firstly, the position taken by law and ethic philosophers is stated and then the view of twelve-imam shite jurists is stated and criticized. Different views, for and against the legitimacy of mental rights and their presumptions are studied in this article.<br />  Law of mental ownership is one of the new branchs of law. Although it is very fresh, the major has so developed in both quantity and quality that perhaps no other law subject resembles it. The large mass of national regulations and court precedents, as well as a large number of local and international documents shows its importance. Entering of these subjects into law literatures has made<br />main law systems shows that there are three major views: absolute fulfillment of punitive condition, fulfillment of the condition with the <br />has tried to reconciliate between religious codes and mental rights, and regard it acceptable.<br />     Due to the importance of the subject for educational fields, Iranian legislator’s tendency to reforming of current laws or making new laws, and the function of these new set of law in development of the country, a deep new jurisprudential study of the subject is necessary.<br />     Following this aim, this article jurisprudentaily challenges one of the most fundamental subject of mental ownership. Introducing the subject, firstly, the position taken by law and ethic philosophers is stated and then the view of twelve-imam shite jurists is stated and criticized. Different views, for and against the legitimacy of mental rights and their presumptions are studied in this article.<br />  https://cld.razavi.ac.ir/article_1476_dd34c9b152394a085d32ca5530bbbef6.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 An Analysis on the Article 873 of Civil Law An Analysis on the Article 873 of Civil Law 97 104 1477 FA Babak Khosravi Nia A member of academic Board of Azad University of Larestan Journal Article 2021 12 12 Article 873 of civil law expresses a rule concerning lack of inheritance between two persons whose date of death is not known. It is possible to analyze and criticize this article through study of the documents and evidence related to the articles including the jurist’s views, the rules of principle of jurisprudence and traditions. Through this deep study of the basis of the laws it is possible to<br />of 2002 has the same approach and it has proposed two kinds of methods to achieve this goal. One is establishment of the ‘‘sub-<br />amend them so that, they fit with the aim of law, i.e. justice and give people their rights.<br />     This matter is studied in the article and at the end, the way of amending this article based on the rules of principles of jurisprudence and the view taken by the early and recent jurists, is put forward.<br />  Article 873 of civil law expresses a rule concerning lack of inheritance between two persons whose date of death is not known. It is possible to analyze and criticize this article through study of the documents and evidence related to the articles including the jurist’s views, the rules of principle of jurisprudence and traditions. Through this deep study of the basis of the laws it is possible to<br />of 2002 has the same approach and it has proposed two kinds of methods to achieve this goal. One is establishment of the ‘‘sub-<br />amend them so that, they fit with the aim of law, i.e. justice and give people their rights.<br />     This matter is studied in the article and at the end, the way of amending this article based on the rules of principles of jurisprudence and the view taken by the early and recent jurists, is put forward.<br />  https://cld.razavi.ac.ir/article_1477_3a4a96723d5275a2c746f9c5dd28e7c8.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 Judgement Removing and Decriminalization from the Point of View of the Constitution and Administrative Law Judgement Removing and Decriminalization from the Point of View of the Constitution and Administrative Law 105 122 1478 FA Javad Mahmoodi A Ph.D. student of public law at Shahid Beheshti University Journal Article 2021 12 12 The mass of personal actions, shortage of court judges, monetary expenses of imprisonment and… are some of the factors which have made authorities think about new ways to improve the efficiency of Judicial power and to reduce the amount of judicial records. The process of reducing criminal prosecution and decriminalization are some of proposed methods. Speculation over the idea and position of the mentioned methods may lead us to a clear recognition of their bases and aims. Analysis of their processes in accordance with instructions of public law and ideals of the constitution is a basic step towards regarding the rights of citizens.<br />  The mass of personal actions, shortage of court judges, monetary expenses of imprisonment and… are some of the factors which have made authorities think about new ways to improve the efficiency of Judicial power and to reduce the amount of judicial records. The process of reducing criminal prosecution and decriminalization are some of proposed methods. Speculation over the idea and position of the mentioned methods may lead us to a clear recognition of their bases and aims. Analysis of their processes in accordance with instructions of public law and ideals of the constitution is a basic step towards regarding the rights of citizens.<br />  https://cld.razavi.ac.ir/article_1478_5a9e188237ef628d6e20dc52a4919405.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 A New Approach in England Law towards Children’s Crimes A New Approach in England Law towards Children’s Crimes 123 152 1479 FA Amir Pak Nahad A Ph.D. student in criminal law at Shahid Beheshti University Journal Article 2021 12 12 Removing the rejectable evidence of mental immaturity of children between 10 to 14 years old, England legislature gave them full criminal liability in 1998. Although at first it may appear against the rights of children, judgment about it requires considering other simultaneous developments took place. The legislature developed deep changes related to the kind of social reactions towards children crimes. The axis of these changes was reforming and training measures and immature prevention of the crime. Hence instead of leaving the children to the age of criminal liability and practicing traditional reactions to them, England legislature interferes in the process of their growth and sociability and tries to prevent growth of criminal behaviors. Instruments of enforcement of this approach are recent court orders.<br />  Removing the rejectable evidence of mental immaturity of children between 10 to 14 years old, England legislature gave them full criminal liability in 1998. Although at first it may appear against the rights of children, judgment about it requires considering other simultaneous developments took place. The legislature developed deep changes related to the kind of social reactions towards children crimes. The axis of these changes was reforming and training measures and immature prevention of the crime. Hence instead of leaving the children to the age of criminal liability and practicing traditional reactions to them, England legislature interferes in the process of their growth and sociability and tries to prevent growth of criminal behaviors. Instruments of enforcement of this approach are recent court orders.<br />  https://cld.razavi.ac.ir/article_1479_b3763a264a42bdff5875977c7eccc6db.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 A Study on the Civil Nature of Blood Money A Study on the Civil Nature of Blood Money 153 176 1480 FA Kazim Koohi Isfahani M. A student in criminal law at Razavi University of Islamic sciences Journal Article 2021 12 12 What is the nature of blood money as an accepted civil institution in Islam? Whether has it essentially a civil nature practiced to award<br />amend them so that, they fit with the aim of law, i.e. justice and give people their rights.<br />     This matter is studied in the article and at the end, the way of amending this article based on the rules of principles of jurisprudence and the view taken by the early and recent jurists, is put forward.<br />  What is the nature of blood money as an accepted civil institution in Islam? Whether has it essentially a civil nature practiced to award<br />amend them so that, they fit with the aim of law, i.e. justice and give people their rights.<br />     This matter is studied in the article and at the end, the way of amending this article based on the rules of principles of jurisprudence and the view taken by the early and recent jurists, is put forward.<br />  https://cld.razavi.ac.ir/article_1480_bdb54e481aa9750d3a5e2c7c4f0ecc75.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 The UNCITRAL Model Law on International Commercial Arbitration and the English Arbitration Act: Are the Two Systems Poles Apart?», Journal of International Arbitration The UNCITRAL Model Law on International Commercial Arbitration and the English Arbitration Act: Are the Two Systems Poles Apart?», Journal of International Arbitration 197 214 1482 FA Farhad Khamamizadeh Journal Article 2021 12 12 https://cld.razavi.ac.ir/article_1482_50fbf29c3f5c1277f950a12535498f71.pdf

Razavi University of Islamic Sciences Criminal Law Doctrines 2251-9351 2 19 2006 09 23 Jurisprudential Study of Using an Alternative Womb Jurisprudential Study of Using an Alternative Womb 1481 FA Mahdi Ali Zadeh A researcher and M.A degree holder in law Journal Article 2021 12 12 Advancement in medical subject in the field of new methods of fertility has brought changes in the process of producing human being. Alongside ability of  using these methods in experimental sciences, new complex questions arise in other  fields of sciences such as psychology, sociology, philosophy, jurisprudence and law. Experts in these fields have to investigate them and have a glance on the effects of using these new methods and evaluate them.<br />     Based on the jurist’s verdict about permission or prohibition of hiring an alternative womb and their reasoning, it is possible for<br />Iranian legislators to declare it permissible or forbidden. Hence allowance of employment of an alternative womb is not in contract with Islamic rules provided it does not bring about committing of any other sin. Moreover, if the alternative mother is a single woman who has been temporarily married with the man whose sperm is used for production in her womb, there may be a kind of unanimity of votes among jurisprudents, and the way for legality of this method in law may be pared.<br />  Advancement in medical subject in the field of new methods of fertility has brought changes in the process of producing human being. Alongside ability of  using these methods in experimental sciences, new complex questions arise in other  fields of sciences such as psychology, sociology, philosophy, jurisprudence and law. Experts in these fields have to investigate them and have a glance on the effects of using these new methods and evaluate them.<br />     Based on the jurist’s verdict about permission or prohibition of hiring an alternative womb and their reasoning, it is possible for<br />Iranian legislators to declare it permissible or forbidden. Hence allowance of employment of an alternative womb is not in contract with Islamic rules provided it does not bring about committing of any other sin. Moreover, if the alternative mother is a single woman who has been temporarily married with the man whose sperm is used for production in her womb, there may be a kind of unanimity of votes among jurisprudents, and the way for legality of this method in law may be pared.<br />  https://cld.razavi.ac.ir/article_1481_1b65d7ec022432426872d4928dd8f10e.pdf