Razavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923Necessity or Non-necessity of Sending a Declaration Concerning a Sight Bill
and a Demand Promissory NoteNecessity or Non-necessity of Sending a Declaration Concerning a Sight Bill
and a Demand Promissory Note7161490FAAmir HoseynFakhariProfessor of the Law Faculty of Shahid Beheshti UniversityJournal Article20211213Commercial law has obligated the owner of a bill and a promissory note to demand the related sums on due date. If he delivers the bill to its promisor on the due date and faces non-payment, he is obliged to protest.
This article, after examining the concept of protest, deals with the subject of the essential reason for proving the demand of the sum relating to the commercial paper by its owner. Then, by giving reasons in this context, it states that offering a
due to various reasons such as mutual imbalance, has been disputable and confronting numerous ambiguities as well as legal, political and social dangers.
This state, creates concern about the future destiny of the aforementioned contracts for the contractual parties including the governmental and private sectors of our country each of which is involved in such contracts somehow.
This article, deals with the essential points of these contracts such as characteristics, method of negotiation, position of the parties, distinctions among the states and their nature on one hand and the technical and legal articles of most of the aforementioned contacts such as the applicable law, condition
Commercial law has obligated the owner of a bill and a promissory note to demand the related sums on due date. If he delivers the bill to its promisor on the due date and faces non-payment, he is obliged to protest.
This article, after examining the concept of protest, deals with the subject of the essential reason for proving the demand of the sum relating to the commercial paper by its owner. Then, by giving reasons in this context, it states that offering a
due to various reasons such as mutual imbalance, has been disputable and confronting numerous ambiguities as well as legal, political and social dangers.
This state, creates concern about the future destiny of the aforementioned contracts for the contractual parties including the governmental and private sectors of our country each of which is involved in such contracts somehow.
This article, deals with the essential points of these contracts such as characteristics, method of negotiation, position of the parties, distinctions among the states and their nature on one hand and the technical and legal articles of most of the aforementioned contacts such as the applicable law, condition
https://cld.razavi.ac.ir/article_1490_c2c2b5546e8aa000820c6f10528856eb.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923A Review of Regulating Governmental Contracts in Commercial International LawA Review of Regulating Governmental Contracts in Commercial International Law17501492FAHamid RezaNik BakhtAssociate Professor in the Law Faculty of Shahid Beheshti UniversityJournal Article20211213Notwithstanding that governmental contracts enjoy a high acceptability and expansion in commercial international law, it, due to various reasons such as mutual imbalance, has been disputable and confronting numerous ambiguities as well as legal, political and social dangers.
This state, creates concern about the future destiny of the aforementioned contracts for the contractual parties including the governmental and private sectors of our country each of which is involved in such contracts somehow.of stability, method of settlement of disputes and force major on the other hand all of which help their parties form them better and more successfully and then enforce them in a pacific atmosphere without any misunderstanding.Notwithstanding that governmental contracts enjoy a high acceptability and expansion in commercial international law, it, due to various reasons such as mutual imbalance, has been disputable and confronting numerous ambiguities as well as legal, political and social dangers.
This state, creates concern about the future destiny of the aforementioned contracts for the contractual parties including the governmental and private sectors of our country each of which is involved in such contracts somehow.of stability, method of settlement of disputes and force major on the other hand all of which help their parties form them better and more successfully and then enforce them in a pacific atmosphere without any misunderstanding.https://cld.razavi.ac.ir/article_1492_c6b56edac3e88c630c25c282cce10da6.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923The Concept and Status of Fault
in Compulsory and Contractual Civil LiabilityThe Concept and Status of Fault
in Compulsory and Contractual Civil Liability51941491FAHamid RezaAslaniPh. D. Student of Private Law in Shahid Beheshti UniversityJournal Article20211213Civil liability is classified into compulsory and contractual branches. Compulsory civil liability is concerned with the breach of legal or customary obligations of a person in the society arena, but contractual civil liability deals with the compensation for damages arising from the breach of a contractual obligation. The concept and function of fault in these two sorts of responsibility are of the affairs on which lawyers –due to ambiguity of the related statutes and regulations on the one hand and the scattered or decentralized legislation on the other hand- have invariably disagreed. Explaining the concept of fault and its function in fulfilment of responsibility within these two areas, is a basic and decisive factor in determining the common and different grounds of the<br />protest is enough for such proving and the claiming of “the necessity of dispatching declaration” by the owner of the commercial paper for the aforementioned proving, is of no due legal basis and justification.Civil liability is classified into compulsory and contractual branches. Compulsory civil liability is concerned with the breach of legal or customary obligations of a person in the society arena, but contractual civil liability deals with the compensation for damages arising from the breach of a contractual obligation. The concept and function of fault in these two sorts of responsibility are of the affairs on which lawyers –due to ambiguity of the related statutes and regulations on the one hand and the scattered or decentralized legislation on the other hand- have invariably disagreed. Explaining the concept of fault and its function in fulfilment of responsibility within these two areas, is a basic and decisive factor in determining the common and different grounds of the<br />protest is enough for such proving and the claiming of “the necessity of dispatching declaration” by the owner of the commercial paper for the aforementioned proving, is of no due legal basis and justification.https://cld.razavi.ac.ir/article_1491_79eec165058c0204f5146126b52c83e0.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923Fundamentals of the Principle of
“Good Will and Fair Conduct in” ContractsFundamentals of the Principle of
“Good Will and Fair Conduct in” Contracts951261493FAMahdiAlizadehSenior Expert of Private LawJournal Article20211213The necessity of observance of “good will and fair conduct” in contracts, as an important principle in creating goals such as examining the process of preparing and drawing up of contractual terms, establishing equivalence and balance between contractual parties, observing the present age changes in making, concluding and interpreting contracts, alteration of contractual circumstances and protection of consumers' rights against “form contract”, has enjoyed a particular status in contract law as well as international contractual dealings so that it has been put forward and theorized in municipal law of various countries and international documents, and has been attempted to make it be influential, expressly or implicitly, in<br />of stability, method of settlement of disputes and force major on the other hand all of which help their parties form them better and more successfully and then enforce them in a pacific atmosphere without any misunderstanding.
drawing up of contractual terms and courts' decisions.The necessity of observance of “good will and fair conduct” in contracts, as an important principle in creating goals such as examining the process of preparing and drawing up of contractual terms, establishing equivalence and balance between contractual parties, observing the present age changes in making, concluding and interpreting contracts, alteration of contractual circumstances and protection of consumers' rights against “form contract”, has enjoyed a particular status in contract law as well as international contractual dealings so that it has been put forward and theorized in municipal law of various countries and international documents, and has been attempted to make it be influential, expressly or implicitly, in<br />of stability, method of settlement of disputes and force major on the other hand all of which help their parties form them better and more successfully and then enforce them in a pacific atmosphere without any misunderstanding.
drawing up of contractual terms and courts' decisions.https://cld.razavi.ac.ir/article_1493_f81465ceb2f29493371569f316005ea1.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923The Basis for the Principle of
Individualization of Criminal Responsibility
within the Scope of ReligionsThe Basis for the Principle of
Individualization of Criminal Responsibility
within the Scope of Religions1271461494FAIrajGoldozianProfessor, Faculty of Law and Political Science, University of TehranBahmanHoseyn JaniMaster of Criminal Law and CriminologyJournal Article20211213Crime, criminal responsibility and punishment are the three golden parts of criminal law. Exercising punishment depends on establishing criminal liability and its establishing also depends on proving criminality. Criminality is of two material and mental aspects, so that it will not be carried out unless those ones are established. As far as criminal liability is concerned it has no objective and material aspects, but it merely enjoys a personal and mental nature. Age, wisdom, consciousness and authority are the elements of criminal liability. In ancient times, further to the principal offender, his relatives were also responsible, but in accordance with one of the fundamental principles of criminal law, it was laid down that everybody himself should be accountable for his own criminal deeds, not the others. This principle is called “the principle of individualization of criminal liability”. Religion is one of the important bases of this principle.<br /> In this article we will examine the roots of the principle in different religions.Crime, criminal responsibility and punishment are the three golden parts of criminal law. Exercising punishment depends on establishing criminal liability and its establishing also depends on proving criminality. Criminality is of two material and mental aspects, so that it will not be carried out unless those ones are established. As far as criminal liability is concerned it has no objective and material aspects, but it merely enjoys a personal and mental nature. Age, wisdom, consciousness and authority are the elements of criminal liability. In ancient times, further to the principal offender, his relatives were also responsible, but in accordance with one of the fundamental principles of criminal law, it was laid down that everybody himself should be accountable for his own criminal deeds, not the others. This principle is called “the principle of individualization of criminal liability”. Religion is one of the important bases of this principle.<br /> In this article we will examine the roots of the principle in different religions.https://cld.razavi.ac.ir/article_1494_e61b8574063e2fc8494ed823de04a6d7.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923Judgement Removing in Islamic Criminal LawJudgement Removing in Islamic Criminal Law1471681495FAMohammad HadiSadeghiAssociate Professor in the Law Faculty of Shiraz UniversityJournal Article20211213Proceedings and settlement of claims arising from criminal offences, usually come within the jurisdiction of judicial authorities. Judgement removing, termination of proceedings and settlement of the aforementioned claims are considered from the process of official criminal measures. The aforementioned settlement may be applied through various methods in different legal systems.
This article deals with certain criminal policies of Islam and the tendency of Islamic law-maker towards judgement removing. After explaining the concept of judgement removing and the subject of victim and judgement removing, it examines some of non-criminal methods of Islamic criminal law concerning non-criminal settlement of penal actions, such as “right of reconciliation” and “right of compromise” as well as persuasive policies of the law-maker towards their application.Proceedings and settlement of claims arising from criminal offences, usually come within the jurisdiction of judicial authorities. Judgement removing, termination of proceedings and settlement of the aforementioned claims are considered from the process of official criminal measures. The aforementioned settlement may be applied through various methods in different legal systems.
This article deals with certain criminal policies of Islam and the tendency of Islamic law-maker towards judgement removing. After explaining the concept of judgement removing and the subject of victim and judgement removing, it examines some of non-criminal methods of Islamic criminal law concerning non-criminal settlement of penal actions, such as “right of reconciliation” and “right of compromise” as well as persuasive policies of the law-maker towards their application.https://cld.razavi.ac.ir/article_1495_5c622d6122e73e32d585543bbab6e95c.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923The Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous StateThe Legal Status of Resorting to
Biological, Psychological and Social Indicators
in Distinguishing a Dangerous State1691861499FAMohammadaliBabaiiAssistant Professor, Imam Khomeini International UniversityJournal Article20211214The legislator, in certain cases, has turned proving a dangerous state without presenting any legal criteria for it, over to the judicial authorities. Legal authorities also, using the achievements of different sciences particularly biological, psychological and social sciences, examine the biological, psychological and social states of an offender which its results help the judges make equitable and safe giving decisions.
Security measures Act 1339, had provided for particular measures for establishing a dangerous state by resort to biological, psychological and social indicators, but, unfortunately, as the law was abandoned, it hasn’t been effectively useful. Concerning the dangerous offenders of a state of insanity, only article 52 of Islamic criminal law has implicitly and briefly put forward resorting to these indicators for establishing a dangerous state. However, the laws of other countries including France, Canada, Holland and England involve too detailed and explicit regulations in this regard.The legislator, in certain cases, has turned proving a dangerous state without presenting any legal criteria for it, over to the judicial authorities. Legal authorities also, using the achievements of different sciences particularly biological, psychological and social sciences, examine the biological, psychological and social states of an offender which its results help the judges make equitable and safe giving decisions.
Security measures Act 1339, had provided for particular measures for establishing a dangerous state by resort to biological, psychological and social indicators, but, unfortunately, as the law was abandoned, it hasn’t been effectively useful. Concerning the dangerous offenders of a state of insanity, only article 52 of Islamic criminal law has implicitly and briefly put forward resorting to these indicators for establishing a dangerous state. However, the laws of other countries including France, Canada, Holland and England involve too detailed and explicit regulations in this regard.https://cld.razavi.ac.ir/article_1499_ba27192377dbfcda1616ddaa7c226325.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923A Research on the Offence of Utilizing
A Forged documentA Research on the Offence of Utilizing
A Forged document1872101501FAHoseynFath AbadiA Member of Teaching Staff of Islamic Azad University of MashhadJournal Article20211214The offence of utilizing a forged document is of the offences against public welfare which can be an introduction or a means to committing many other important offences particularly offences against property.
In statutes, this guilt is stated beside the offence of forgery of documents and writings while the legislator not only has not presented any definitions for it, but refused to mention its instances as well.
This article is seeking to refer to the justice and legislative record of this offence as well as presenting a definition for it.
Then, with reference to different sources specifically judicial precedent, it is trying to compare the law of some countries, particularly England and France, with each other. Finally, it deals with the elements, essentials and necessary requirements for the fulfilment of this guilt.The offence of utilizing a forged document is of the offences against public welfare which can be an introduction or a means to committing many other important offences particularly offences against property.
In statutes, this guilt is stated beside the offence of forgery of documents and writings while the legislator not only has not presented any definitions for it, but refused to mention its instances as well.
This article is seeking to refer to the justice and legislative record of this offence as well as presenting a definition for it.
Then, with reference to different sources specifically judicial precedent, it is trying to compare the law of some countries, particularly England and France, with each other. Finally, it deals with the elements, essentials and necessary requirements for the fulfilment of this guilt.https://cld.razavi.ac.ir/article_1501_0c6de782249d506273f788afc590f5aa.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923Legal System of the Caspian Sea
under the Treaties of 1921 and 1940
between Iran and RussiaLegal System of the Caspian Sea
under the Treaties of 1921 and 1940
between Iran and Russia2112521502FAAhmad RazaTuhidiA Member of Teaching Staff of Tehran University – Qum PardisJournal Article20211214A legal system from which the Caspian Sea and its sources should follow, is a matter of substantial importance from economical, political, geopolitical and energy security point of view. After Russia liquidation and the emergence of new countries, the subject has underwent further complications and up to now two kinds of legal systems namely, “joint sovereignty or condominium” and “partition and delimitation” have been proposed by coastal states of the Caspian Sea.
This article, on the basis of international case law, deals with the recognition of the necessary terms and requirements for the legal system of “condominium” in international law and then examines the possibility of conformity of such system with the legal state of the Caspian Sea.A legal system from which the Caspian Sea and its sources should follow, is a matter of substantial importance from economical, political, geopolitical and energy security point of view. After Russia liquidation and the emergence of new countries, the subject has underwent further complications and up to now two kinds of legal systems namely, “joint sovereignty or condominium” and “partition and delimitation” have been proposed by coastal states of the Caspian Sea.
This article, on the basis of international case law, deals with the recognition of the necessary terms and requirements for the legal system of “condominium” in international law and then examines the possibility of conformity of such system with the legal state of the Caspian Sea.https://cld.razavi.ac.ir/article_1502_aacc01026be9df142240bc261e08b2cf.pdfRazavi University of Islamic SciencesCriminal Law Doctrines2251-935111520050923Movement of Returning to Punishment
in Criminal Policy of Western Countries:
Reasons and ManifestationsMovement of Returning to Punishment
in Criminal Policy of Western Countries:
Reasons and Manifestations2532941503FAHassanKashefi IsmailzadehPh.D. Student of Penal Law and Criminal Policy in Sorban University
of FranceJournal Article20211214Appearance and growth of repressive movements, after expiration of the interval between piteous and offender centred reactions in criminal policy of western countries, has induced the scholars of this field to seek remedy and raised the question as to why the criminal policy of western countries has stayed away from the three pillars of liberty, law, justice. The author, in this article, tries to glance at some important procedural factors which impress the repressive policies in western countries.Appearance and growth of repressive movements, after expiration of the interval between piteous and offender centred reactions in criminal policy of western countries, has induced the scholars of this field to seek remedy and raised the question as to why the criminal policy of western countries has stayed away from the three pillars of liberty, law, justice. The author, in this article, tries to glance at some important procedural factors which impress the repressive policies in western countries.https://cld.razavi.ac.ir/article_1503_8f1b8d0768df2b3e0a196cfb99f85390.pdf