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Author(s): 

tavakoli mahdi

Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    245-309
Measures: 
  • Citations: 

    0
  • Views: 

    94
  • Downloads: 

    11
Abstract: 

According to Article 167 of the Constitution and Article 3 of the Civil Procedure Act, the judge is obliged to issue a judgment based on the law. That is, the legal basis of a judgment rendered by the court must be the law, and in cases where the law is silent, refer to authentic Islamic sources or authentic fatwas or general legal principles. In the meantime, the question is whether international instruments and treaties can also be relied upon as a basis of judgments and if the answer is yes, under what condition or conditions these international documents and treaties can be relied upon as the basis of judgments and in which category and these instruments are included in which category of cases listed in Article 167 of the Constitution and Article 3 of the Civil Procedure Act? In accordance with Article 77 of the Constitution, treaties, protocols, contracts and international agreements must be approved by the Islamic Consultative Assembly and in accordance with Article 9 of the Civil Code, the provisions of the covenants concluded between the government of Iran and other countries are tantamount to law. Therefore, the treaties that Iran has joined in compliance with the formalities of the conditions contained in the Constitution, are tantamount to domestic laws and can be relied upon like domestic laws. In this report on the critique and analysis meeting, two judgments, one on the subject of the acquisition of Iranian nationality for an Afghan national and the other on the issue of requiring the defendant to divorce his wife, have been examined, and the method in which the court relied upon international treaties has been critiqued in terms of the degree of compliance with the principles of rendering judgment and the fact that judgments must rely upon the law.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
Measures: 
  • Views: 

    183
  • Downloads: 

    0
Abstract: 

IN THIS ARTICLE, THE JURISPRUDENTIAL AND LEGAL FOUNDATIONS OF INTELLECTUAL PROPERTY RIGHTS AND THE RIGHTS OF AUTHORS IN THE LEGAL SYSTEM OF IRAN AND INTERNATIONAL LAW ARE DISCUSSED. IN THIS STUDY, BY STUDYING LEGAL AND JURIDICAL SOURCES, WE FIND THAT COPYRIGHT IN OUR LEGAL SYSTEM SHOULD BE ACCEPTED AS A NEWLY ESTABLISHED LEGAL ENTITY, ALTHOUGH OTHER LEGAL ENTITIES MAY BE GENERALLY AVAILABLE, SUCH AS CIVIL LIABILITY AND COMPENSATION FOR LOSSES HOWEVER, TODAY, WITH THE ADMISSION OF THE INTELLECTUAL PROPERTY ENTITY AND THE ADOPTION OF LAWS IN THIS PARTICULAR AREA, THE RULES OF COPYRIGHT PROTECTION SHOULD BE DRAFTED WITHIN THE FRAMEWORK OF THE INTELLECTUAL PROPERTY RIGHT, AND, IF NECESSARY, THE SPECIAL PROTECTION OF THE RIGHTS OF AUTHORS IN THE LAW SHOULD BE INSTITUTIONALIZED. IN FACT, THE INTRODUCTION OF NEW INTELLECTUAL PROPERTY LAWS AND THE ADHERENCE TO INTERNATIONAL CONVENTIONS AND TREATIES IS ONE OF THE MAIN ACTIONS OF COUNTRIES.

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Author(s): 

IZANLOO M. | SAMADI A.

Issue Info: 
  • Year: 

    2014
  • Volume: 

    10
  • Issue: 

    4
  • Pages: 

    391-400
Measures: 
  • Citations: 

    0
  • Views: 

    3995
  • Downloads: 

    0
Abstract: 

The development and importance of various types of commercial transportation from one hand and the accordance of Iran's law with the WTO's regulations on the other hand bring up some issues which makes the need of further researches undeniable. Among these regulations finding a proper theory for the liability of transport enterprise is one of the most challenging topics. A theory which ends in the most benefit for the owner of the goods as well as the transport enterprise. This approach should be also in accordance with the domestic and international laws existed in this area.For this reason, current article divides the responsibilities of the transport enterprise into two main groups. The first group includes the responsibilities that are related to his proficiency. Responsibilities which are in the dominance of a transport enterprise knowledge and experience and that’s the main reason why people, especially the owner of goods, refer to him. This category obeys the restrict liability theory in which transport enterprise bares the most liability. The rest of his responsibilities which are considered to be in the second group are those which are not only in the power and proficiency of a transport enterprise. In the other word these are some tasks which other people such as the owner of the goods have a part in them. This category is considered to be under the rule of negligence theory which is somehow less strict than the first group.Thus in the first chapter, traditional theories about the responsibility of transport enterprise especially under the civil and commercial codes and the defects which can be found in them are discussed, and in the second chapter the new theory mentioned above is illustrated and some clues which lead us to it are detected in national and international legislations and conventions. Particularly conventions which our country has joined it and are treated like national rules.By the hope that this new theory can resolve the incompetency of the old theories which are chosen by commercial and civil codes.

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Author(s): 

KHAKPOUR MANSOUR |

Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2013
  • Volume: 

    6
  • Issue: 

    23
  • Pages: 

    13-43
Measures: 
  • Citations: 

    0
  • Views: 

    1223
  • Downloads: 

    0
Abstract: 

Legal support of pharmaceutical inventions has more importance due to its relevance to public health. this the increasing importance led to study in the discussion of international rules to protect individual property rights of pharmaceutical innovation, On the other hand it is also studied in the provision of public health, among them are the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights in Islam. This document emphasizes that all people have the standard rights for Health and well-being of themselves and their family or other life necessities for prevention and Treatment of diseases. In these documents has been emphasized on the reserved intellectual owners rights including medical innovation and their support.We found that each of the two has straight effect on together and neglecting the effects of each of them can be very harmful. Like any other invention, therefore, is essential to support pharmaceutical innovation, as the incentive for them to continue their efforts to achieve innovations for the benefit, particularly in the field their own health needs.Considering that protection for pharmaceutical products and in our mind like a child is new. it is necessary to complete and to codify laws on modern technologies to produce medications. Therefore, the study of international law can be effective for supporting drug innovations with the relevant provisions of international law and Pathology internal regulations.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    19
  • Issue: 

    3
  • Pages: 

    63-67
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

Background: International law has undergone tremendous changes in recent decades. One of these developments is the humanization process of international law, which has been identified as human rights in the international arena. Human rights have a universal nature and function and are not limited to time and place. Therefore, the ethics of human rights is universal. This category of ethics should be considered in the seas as it is considered on land. Human ethics dictates that all people in the sea have their human rights without any discrimination. There is no reason to deny and disobey the ethics of human rights at sea. Therefore, the present study was formed with the aim of investigating the ethics of human rights in the marine environment. Conclusion: One of the most important areas where the concept of human rights ethics can be applied is the environment of seas and oceans. Among the important cases that can be mentioned in this context are: drug and psychotropic drug trafficking, piracy, maritime terrorism, marine environment, slave trade, common heritage of humanity, immigration and asylum, rights of seafarers and forced labour on ships and vessels and so on. The lack of a comprehensive human rights treaty that covers all the above-mentioned issues in the field of seas is well felt, and there is room for effective measures to be taken in this regard by the relevant international institutions, headed by the United Nations.

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Author(s): 

ESHRAGHI ARANI MOJTABA

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2021
  • Volume: 

    22
  • Issue: 

    69
  • Pages: 

    175-202
Measures: 
  • Citations: 

    0
  • Views: 

    182
  • Downloads: 

    0
Abstract: 

Aircraft has strategic status for the states, so that it has been regulated in every respect in both international and national contexts. No one may deny the invaluable role of air transport in the economy of all countries, as any pause in the aircrafts operation may encounter the objection of passengers and businesses and result in vast damage to the society. Therefore, the attachment of aircraft need to be excluded from the general rule of attachment of properties. This necessity, while is unavoidable, may conflict with duties of the general authorities who have to arrest the aircraft in certain conditions, or the rights of patent owners or creditors who have no choice other than to arrest the aircraft in order to enforce their rights. This article analyzes the rules which govern the attachment of aircraft (including administrative attachment, attachment due to patent infringement and precautionary or in-execution attachment) with reliance on international conventions and comparative study of the low of France and England.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    20
  • Pages: 

    9-33
Measures: 
  • Citations: 

    0
  • Views: 

    1792
  • Downloads: 

    0
Abstract: 

Marrying Foreigners is one of the very important issues of private international law in each country. In this case, the main question is performing the principle of unity of nationality or multiple nationalities of couples? With regard to United Kingdom of Great Britain and Northern Ireland nationality laws, it seems Iran is one of the countries which are still performing Principle of Unity of nationality of couples, while the other countries like the U.K are performing Principle of Independent of nationality of couples. However, it seems that Principle of Unity of nationality is not sufficient of circumstances existing today in Iran. In compare with legally developed countries, Iran needs to have a more precise review on the law of its nationality laws. In this research along investigation about the approach of Iran, and United Kingdom of Great Britain international conventions to unity of nationality, mentioned to practical problems of this principle for Iranian citizens.

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View 1792

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Author(s): 

Eshraghi Arani Mojtaba

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2021
  • Volume: 

    22
  • Issue: 

    69
  • Pages: 

    175-202
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    12
Abstract: 

Aircraft has strategic status for the states, so that it has been regulated in every respect in both international and national contexts. No one may deny the invaluable role of air transport in the economy of all countries, as any pause in the aircrafts operation may encounter the objection of passengers and businesses and result in vast damage to the society. Therefore, the attachment of aircraft need to be excluded from the general rule of attachment of properties. This necessity, while is unavoidable, may conflict with duties of the general authorities who have to arrest the aircraft in certain conditions, or the rights of patent owners or creditors who have no choice other than to arrest the aircraft in order to enforce their rights. This article analyzes the rules which govern the attachment of aircraft (including administrative attachment, attachment due to patent infringement and precautionary or in-execution attachment) with reliance on international conventions and comparative study of the low of France and England.

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

View 55

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    109-130
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

The environment, as the basis for the life of living beings and sustainable development, is currently facing serious challenges resulting from destructive human activities. Environmental crimes, as one of the most important factors in environmental degradation, require special attention and the adoption of an efficient criminal policy at the national and international levels. This article aims to examine Iran's criminal policy in combating environmental crimes and compare it with international approaches. It analyzes the relevant criminal laws and regulations, the functioning of the judicial system, existing challenges, and provides solutions to improve the situation; in a way that the results have proven the necessity of refining the laws and in some cases intensifying the penalties while converging in international arenas and conventions. The present study, using a descriptive-analytical method and with an applied approach, while examining domestic and international legal documents and sources, has tried to present a comprehensive picture of Iran's current criminal policy in light of international laws and treaties in this field. The results of this research have shown that Iran's criminal policy in the field of environmental crimes, even in government agencies with the elimination of specific permits, despite some strengths, faces fundamental challenges in the areas of legislation, executive, and judicial action, and requires fundamental reforms to comply with international standards and achieve sustainable development goals.

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Author(s): 

SARIKHANI A. | FATHI M.

Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
  • Issue: 

    4-5
  • Pages: 

    237-256
Measures: 
  • Citations: 

    0
  • Views: 

    6102
  • Downloads: 

    0
Abstract: 

Fighting crime of money laundering as a crime against economic security, has been attempted in many countries. Iranian lawmakers ratified the International Convention of Vienna 1998; Palermo in 2000, and Mérida in 2003 and the need for society to combat money laundering law passed in 1386. But due to lack of expertise in its development, with many of the issues of crime money laundering punishable practical manner so that it does not collide with each other at first, most instances of behavior and evidence of overlapping and committed other criminal laws are in conflict with the Second and Third Money Laundering and what are the same, has been seen as sentence for money laundering. Laundering of proceeds from criminal offenses, contrary to the aforementioned convention theme is encapsulated in the concept of property loss and to determine Hills no criteria specified. Mental element of money laundering with the apparent intention Restitution of property that is a legal concept has been introduced to the wrong kind of punishment.

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