Criminal Law Doctrines - Articles List

Examination and Analysis of the Article 7 of Tort Law

Amir Hossein Abadi

Volume 3, Issue 20 , June 2006, Pages 3-22

Abstract

By virtue of law or as a result of an agreement a guardian can undertake the responsibility of custodianship or taking care of a minor or an insane person. If the guardians whether ... Read More By virtue of law or as a result of an agreement a guardian can undertake the responsibility of custodianship or taking care of a minor or an insane person. If the guardians whether legal –like parents- or contractual ones –such as hospital or nursery- fail to guard the minor or insane, they would be bound to compensate the losses or damages which were inflicted by them. If an illegitimate child inflicts losses upon others, whether his or her putative parent is responsible for the losses or not, there is a difference of opinion here.legislature (parliament) in the year 2001, an illegitimate child enjoys the whole rights that a legitimate child possesses. Of course, the only limitation for the illegitimate child is from the viewpoint of heritage. So, if an illegitimate child inflicts losses upon others, his or her putative parents are jointly and separately responsible to compensate the losses inflicted. According to article 1167 of the civil code of Iran “a child born of adultery shall not belong to the adulterer”, but in accordance with the supreme court decision as a unified judicial precedent N. 617 D. 3/4/1376 sh. The general council of justice of supreme court, regarded the adulterer as putative father of the child. Thus, the whole duties of a father including getting identity (birth) certificate are up to him. So, the corollary is that, if the putative father, who is regarded as a legal supervisor of the child, fails to guard him, where upon the minor inflicts losses upon others, then in accordance with the article 7 of tort law, it is up to the putative father (adulterer) to compensate the losses. If the guardian cannot afford to compensate the damages, then the losses would be compensated from the minor’s or insane’s property. Whether the minor or insane indemnify the losses personally or as a successor of the guardian, they are indemnified from his or her property, there is a difference of opinion. It seems that, after the compensation, the minor or insane party can refer to the guardian if he is solvent.

The Pathology of Teaching and Research of Criminology in Iran

Ali-Hossein Nadjafi; Hossein Gholami

Volume 3, Issue 20 , June 2006, Pages 23-40

Abstract

The history of criminology as a specialized discipline, the subject of which consists of scientific observation and study of the causes of criminal activity goes back as far one hundred ... Read More

Iranian Criminal Laws Relating to Juvenile Delinquency: Past and Present

Nasrin Mehra

Volume 3, Issue 20 , June 2006, Pages 41-60

Abstract

Due to their age and their undeveloped personality, children and young persons are more vulnerable towards deviance and delinquency. Children and young persons who commit crime are ... Read More

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Iranian Governmental Institutions Actions on Prevention of Criminality

Amir Hassan Niazpour

Volume 3, Issue 20 , June 2006, Pages 61-88

Abstract

Prevention of crime today along side with retribution is one of the most effective means of criminal policy in responding criminality. Scientific institutions through their educations ... Read More

The Principle of “Legitimacy of Offences and Punishments in Islamic Jurisprudence

Sayid Ahmad Sajadi Nejad

Volume 3, Issue 20 , June 2006, Pages 89-114

Abstract

In this article, the principle of legitimacy of offences and punishments which in turn involves in itself different principles, including the principle of legitimacy of crime and legality ... Read More

The Examination of Arrest in Finacial Convictions in Accordance with Islamic Jurisprudence and Legal Principles

Mojtaba T aghi Zadeh Daghyan

Volume 3, Issue 20 , June 2006, Pages 115-132

Abstract

To prevent abuse or fraud, the law-maker, by enacting laws, was induced to foresee imprisonment for the people who were sentenced financially. However the legislator has not authorized ... Read More

The Rule of Law in International Affairs

Ali Reza Hojjat Zadeh

Volume 3, Issue 20 , June 2006, Pages 133-158

Abstract

a Read More

The E-Commerce Directive and Formation of Contract in a Comparative Perspective

Mostafa Elsan

Volume 3, Issue 20 , June 2006, Pages 159-192

Abstract

ش Read More

Volume 21 (2024)

Volume 20 (2023)

Volume 19 (2022)

Volume 18 (2021)

Volume 17 (2020)

Volume 16 (2019)

Volume 15 (2018)

Volume 14 (2017)

Volume 13 (2016)

Volume 12 (2015)

Volume 11 (2014)

Volume 10 (2013)

Volume 9 (2012)

Volume 8 (2011)

Volume 7 (2010)

Volume 6 (2009)

Volume 5 (2008)

Volume 4 (2007)

Volume 2 (2006)

Volume 3 (2005)

Volume 1 (2004)

Volume & Issue: Volume 3, Issue 20, June 2006, Pages 1-206

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