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List of Articles
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Open Access Article
1 - The Principle Of Good Faith In Civil Proceedings (In The Light Of Judicial Procedure)
Arman Yaghobi Moghadam Kourosh DelpasandIn Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation sta MoreIn Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation stage and the procedure. And In this study, I will write about the legal status of good faith in the trial in different figures of the good faith of the litigants, the respondent judge, witness and attracting third parties related to the lawsuit and etc. Manuscript profile -
Open Access Article
2 - The Effect Of The Global Spread Of The Corona Disease On The Tendency Of The International Arbitration System To Conclude Virtual Arbitration Agreements And Terms And To Implement The Obligations Arising From Them
Reza Shahidi Sadeghi Ashraf JanatiArbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relativ MoreArbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented. Manuscript profile -
Open Access Article
3 - Spiritual Damage And Its Compensation Methods In The Legal System Of Iran And Egypt
ziba mirzaaqazadeh akbar imanpourOne of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuabl MoreOne of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuable. And spiritual rights are more important than material rights. The present study tries to explain and analyze the status of moral damages in Iran in comparison with the Egyptian civil law as one of the important laws in this field. Moral damage is sporadically mentioned, but no specific legal system can be established for it Manuscript profile -
Open Access Article
4 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeniAccording to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i MoreAccording to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile -
Open Access Article
5 - Examining The Methods Of Compensation For Minor Damages In Iranian And British Law
Maryam Tafazoli Mehrjardi Behshid ArfaniaThe purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the inj MoreThe purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person. Manuscript profile -
Open Access Article
6 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi MasoulehOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio MoreOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript profile -
Open Access Article
7 - Presenting a model to solve the challenges facing the participation of people and social institutionsIn the fight against environmental crimes
Hasan Haji tabar Nima Parvaneh Maral DarbandiEnvironmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause sever MoreEnvironmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause severe damage to the environment and endanger human health. Environmental crimes against living components of the environment minus humans include all plant and animal organisms. For this reason, and with the uncontrolled increase of this type of serious environmental damage, it has led to the presentation of a model to combat environmental crimes. The statistical population of this article is about ١٣environmental activists in the country who have been interviewed in the form of an open article and at first the challenges of public participation and comprehensive institutions in the fight against environmental crimes Using factor analysis and pls software to determine the relationship between these factors to confirm, then the relationship of these challenges with environmental crimes in a ranking using the Friedman test and finally A model for influencing environmental crimes is presented with the participation of the public and government institutions. Manuscript profile -
Open Access Article
8 - Examining The Terms Of Foreclosure And Comparing It With Late Payment Damages
Fatemeh Jameei Hirad Mokhayeri mohsen poormohammadTransactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usu MoreTransactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usury called "exchange usury".There is also another type of increase in assets in transactions in which one party does not fulfill its obligation on time and as a result causes a loss to the other party and must compensate the damage caused by this delay, which is called "payment delay compensation".Since both of these issues increase the other party's assets,In the present study, while examining the exchange usury, the conditions of its realization and comparing it with the compensation for late payment in these respects, in response to the question that "Is obtaining compensation for late payment one of the examples of usury and is it sanctity or legitimate like exchange usury?"Examining the prohibition of usury and also mentioning the reasons for the legitimacy of late payment damages, we came to the conclusion that although some consider imposing a penalty for late payment as a trick to receive usury.However, several legal articles indicate its acceptance by the legislator, and it is considered legitimate by most jurists for various reasons, and it is not sanctity usury. Manuscript profile
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