hamid hamidian دانشگاه بهشتی تهران author منصور امینی عضو هیات علمی دانشگاه شهید بهشتی تهران author text article 2020 per Insurance contracts as any other contract may be subject to ambiguities which need to be interpreted and clarified. This interpretation is influenced by characteristics of this type of contracts. Insurance contracts are considered as accession contracts in which there exists inequality of negotiation power and therefore the insured has no alternative but to accept or reject the contract. Thus, commentators and courts try to make good this shortcoming. Accordingly, should the traditional methods of interpretation do not give in any result, then the secondary methods may be appealed which originate from common law. This article as the first analysis of interpretation against the insurer as a secondary means consideres in detail. Shiraz University 2008-7926 12 v. 4 no. 2020 1 36 https://jls.shirazu.ac.ir/article_5971_551144a7cdc8aacc9f9c243f629ff118.pdf dx.doi.org/10.22099/jls.2021.22981.2153 Javad Riahi عضو هیأت علمی دانشگاه آیت الله العظمی بروجردی (ره) author Mahdi Moazzami Goudarzi Howzeh of Qom author text article 2020 per The possibility of criminal omission’s causality in occurring harmful results, is a polemical subject that discussed in scope of debate of causality in criminal law. Aggregately, various viewpoint in the context may be divided to two branch of advocates and opponents. With regard to the fact that choosing of each viewpoint has an important role on distinguishing sole of responsibility of perpetrator of omission or limits of his responsibility, the present study with a descriptive-analytical method and a philosophical attitude, attempts to prove a syllogism –any cause is existence or essence; each nonentity is not existence and nor essence; therefore, any cause is not nonentity- and attempts to distinguish the more correct viewpoint. Study’s result indicates that the syllogism is true and opponents’ viewpoint is prevalent. The criminal omission that is a type of nonentity, therefore, can’t be regarded as cause and can’t produces existential effects and causal relation can’t be rationally proved between omission and criminal results. Shiraz University 2008-7926 12 v. 4 no. 2020 37 70 https://jls.shirazu.ac.ir/article_5979_daf03ec001180a4b2d72add511c6dafe.pdf dx.doi.org/10.22099/jls.2020.34444.3542 Reza Mousazadeh Professor, the School of International Relations (SIR), Tehran, Iran author Massoud Alizadeh Assistant Professor, Faculty of Law, Garmsar PNU University, Tehran, Iran author Mohammad Saleh Taskhiri PHd in International Law of Payame Noor University author text article 2020 per Following the ratification of the Lisbon Treaty, European Human Right Charter was recognized as part of the Union's primary law. As a result, all the bodies of the Union, including Court of Justice of European Union, placed human rights at an elevated position. According to the treaty constitution of the union, CJEU as the judicial pillar of the union has the duty to protect the constitutional law of the organization, and the CJEU itself in many of its cases stipulates on this matter. Taking the background, objectives and foundations of the union into consideration, this organization started its activities with the domination of economic issues, and thus its basic rights were formed on the basis of the very economic-oriented nature. Over the past two decades, cases have been brought before CJEU wherein human rights conflicted with the economic principles of the union. On the one hand, in these cases, the Court was obliged to maintain the framework of the economic-centered constitutional law of the Union, and, on the other hand, the Court found itself committed to its aspiration of defending human rights. For that reason, the Court had to choose one of these two. Describing the process of entering the Court into human rights cases, the present study also investigates the cases of the mentioned conflict. Shiraz University 2008-7926 12 v. 4 no. 2020 71 104 https://jls.shirazu.ac.ir/article_5978_84d94ef4157510d1d7b0e0e3dc40f96a.pdf dx.doi.org/10.22099/jls.2020.34325.3528 Hosna GholamiGhadi PhD student of Oil and Gas Law, University of Tehran, Faculty of Law and Political Science author Seyed Nasrollah Ebrahimi Associate Prof. of University of Tehran, Faculty of Law and Political Science author text article 2020 per Over the last decades, the buy-back contract model kept evolving over the last 3 generations. Despite its significance, it was always faced with heavy criticism. After sanctions against Iran and the occurrence of the Joint Comprehensive Plan of Action (JCPOA), there was a crucial need of international investment by joining foreign investors and domestic contractors on behalf of the host government. Thus, there was a vital need for an enhanced model contract after changes in laws allowing this agreement. Because most of Iran’s current reservoirs have been depleted, it is essential to do sustainable exploitation with a maximum efficient rate of recovery including prioritizing the use of shared reservoirs. This lead to the enactment of a new model of oil and gas contracts called Iranian Petroleum Contracts, also known as IPC. This new model has its own flaws in the legal regime and is faced with criticism just as with the previous model. This paper attempts to analyze and respond to these critical arguments. Although there are some gaps in the model, especially in the operating phase, it can pave the way for the advancement of legal and fiscal regimes leading to further foreign investment and future contracts, in hopes to strengthen Iran’s position in OPEC and world trade of oil and gas for long-term Shiraz University 2008-7926 12 v. 4 no. 2020 105 136 https://jls.shirazu.ac.ir/article_5974_f63fccdcef41b1609d037377022c8560.pdf dx.doi.org/10.22099/jls.2020.36845.3848 fatemeh karimi PhD student in Private law of University of Isfahan author Mohammad sadegh tabatabaei Associate Professer.Department of law .Faculty of Administrative Sciences and Economics. University of Isfahan.Isfahan.Iran. author Mohammad Mehdi alSharif Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran. author text article 2020 per Civil code identifies two rules which are similar to each other in writing.Article793 states that“The pledger cannot enter into possession of the pledge in such a way as to be contrary to the rights of the creditors,except with the latter’s permission.And article460 states that“In a conditional sale,the purchaser may not perform any proprietary act regard to the object of sale which conflicts with the option,such as conveyance and the like”.Both these articles indicate prohibition of proprietary.The rule of conveyor’s act of proprietary is ambiguous in these two articles.The ambiguity in these articles creates some questions.What are the rules of sale of the pledge and sale of the object of conditional sale? Do the differences between these two articles lead to a different rule in these two contracts?Comparing juridical and legal viewpoints regarding this issue,it can be said that despite the differences in the writing of these two articles,these articles complement each other and follow the same principle and rule.The sale of these objects is voidable and observed until lapsing another’s right.The present investigation aims at comparing the subject of sale in relation to the pledge and the object of conditional sale regarding to juridical and legal principles in order to provide solutions to remove ambiguity existing in these two articles.Finally,the proposed articles without the foregoing ambiguous are presented. Shiraz University 2008-7926 12 v. 4 no. 2020 137 172 https://jls.shirazu.ac.ir/article_5976_b45441ab52f873c0de16d0cc91f7be7b.pdf dx.doi.org/10.22099/jls.2020.35616.3700 mohammad sadegh mohammadi ghahfarrokhi دانشکده معارف اسلامی و حقوق دانشگاه امام صادق author Gholam hossein Elham Faculty of Law and Political Science Department of Criminal and Criminology Law of Tehran university author text article 2020 per In the initiation of "Mashruteh Revolution" ,legislators sought to adopt European criminal law and adopt the jurisprudence's view that criminal law was incompatible with jurisprudence. The question about punishments of this era, such as Conte's law, is what discourses were present in the context of the punishments of this era and which discourses dominated the discourse. The main issue of the research is to explain the role and impact of the present discourses in the context of penal developments in Conte's law. This paper deals with the discourse analysis of punishment in Conte's legal booklet using PDAM's qualitative discourse analysis method. The findings of the researcher in this article indicate the presence of three discourses of "criminal modernism", "royal criminal tradition" and "religious criminal tradition" in the context of Conte's criminal booklet developments; The influence of the traditional royal and royal discourse and the cynicism of equality and greed has been sterile. The main components of these three discourses are that the key components of the discourse of "criminal modernism" are rehabilitation and criminal utilitarianism; Is criminal ethics, and the main components of the discourse of the "royal criminal tradition" are the inequality of individuals with regard to the punishment. Shiraz University 2008-7926 12 v. 4 no. 2020 173 203 https://jls.shirazu.ac.ir/article_5975_3f28b2a885b7a47ba832fee7414c7762.pdf dx.doi.org/10.22099/jls.2020.36509.3802 Payam Mohammadi Mirazizi PhD. Student in Private Law, Faculty of Law, University of Qom, Qom, Iran author mohammad salehi mazandarani Department of Private Law, faculty of law, Qom university, Qom, Iran author text article 2020 per In accordance with privity of contract, a contract cannot confer rights or impose obligations to third parties; but, as a legal reality, a contract is invocable against third parties, and they cannot ignore its effect. The reverse of the mentioned situation is, also, true and third parties cannot affect a contract. Nonetheless, there is a borderline state in which a contract affects the third party’s potential right, although it does not directly confer rights or impose obligations. There are two theories to set out this situation: inoperativeness and non-opposability. Jurists have different opinions about the instances of, and the relation between, them. This article claims that they are the same. They both are created to protect the rights of third parties; in both states, the contract has effects between contracting parties and has no effect to third parties. Applying the third party’s right, according to circumstances, can dissolve the contract or does not affect it. Shiraz University 2008-7926 12 v. 4 no. 2020 205 234 https://jls.shirazu.ac.ir/article_5973_b7fc5e67a3e698e53954a8cf4afbc98c.pdf dx.doi.org/10.22099/jls.2020.37588.3951 فردین مرادخانی استادیار دانشگاه بوعلی همدان author text article 2020 per The constitution as an important document in a legal system is a very complex concept with hidden layers. Constitutional experience in the last two centuries has shown that this concept, in addition to the text and the principles written on paper, also has unwritten layers and principles that arise in practice and in practice by political actors. If these principles and layers are ignored, there will be a deep gap between the reality of a community and the words of the text. Thus, the text of the constitution remains unchanged and political developments ignore it. This article has attempted to examine where these principles originate and Where does the history of this debate and its origins go. Some of the most important layers of the constitution that do not appear in the text are also explained for example: constitutional convention, constitutional custom, Quasi constitution, Super-statutes, Supra constitution, Extra-Constitutional Shiraz University 2008-7926 12 v. 4 no. 2020 235 267 https://jls.shirazu.ac.ir/article_5977_c951c35d5696a602861b3478827ee081.pdf dx.doi.org/10.22099/jls.2020.36145.3762 Ali Moghadam Abrishami Allameh Tabataba'i author Mohammad Behnam دانشجوی دکتری حقوق خصوصی دانشگاه علامه طباطبایی author text article 2020 per The insolvency of the applicant in documentary credit transactions could lead to complexity and tension between laws of documentary credit and bankruptcy. The question posed here is: What are the effects of the insolvency of the applicant on rights and obligations of the issuer and the beneficiary? This is a significant question which results in creating a conflict and tension between the principle of independence in letter of credit and preferential transfers in bankruptcy in the event that the applicant becomes bankrupt. To deal with this problem, general principles in the field of commerce, such as efficiency and reinforcement of credit, could be taken into account. On this basis, it is necessary to adhere to the principle of independence; nevertheless, this principle should not be given a weight beyond principles of commerce. This article aims to examine situations in which the above-mentioned tension is raised by placing a particular emphasis on the U.S. case law. It would seem that in the case of standby letter of credit, the applicant’s insolvency could lead the issuer, depending on circumstances, to be reluctant to honour the letter of credit and pay it to the beneficiary. Shiraz University 2008-7926 12 v. 4 no. 2020 269 302 https://jls.shirazu.ac.ir/article_5983_e50cbb2ff3ca25238ce9f2e41cfb6b5a.pdf dx.doi.org/10.22099/jls.2020.37039.3878 Ali Najibiyan PhD. student Department of Criminal Law &Criminology, Faculty of Law and Political Science; Shiraz University author mahammad hadi sadeghi Associate Professor,Department Criminal Law and Criminology Shiraz University -Shiraz author F Forughi Associate Professor,Department Criminal Law and Criminology Shiraz University -Shiraz author shahram ebrahimi Associate Professor,Department Criminal Law and Criminology Shiraz University -Shiraz author text article 2020 per Today, the increasing multiplicity of penal sanctions has doubled the need for a fundamental study of the position of each of them in the sphere of the technique of hybridization penal sanctions. The introduction of security measures with a security-based and incapacitation nature in modern and neoconservative criminal law with the aim of managing career criminals and with a punitive nature illustrates the importance of examining the evolution of the penal sanctions. The reflection of this penal policy, which is itself derived from modern criminal policy, both in formal and substantive criminal law in Iran and France, is in a manner that distinguishes between punishments and security measures and determines the governing legislative philosophy. The educational sanctions, medical writs, and judicial supervision, the postponement of the issuance of verdicts, as well as the guarantee of restorative sanctions, have a security nature and in some cases become sanctions with nature of punishment. Although this policy is aimed at managing dangerous criminals, they differ significantly from the usual definitions and criteria in determining the sanctions. the purposeful criminal policy of the legislature in combining the criminal sanctions can be motivated by simplification of responseو as well as, the policy of dealing with dangerous criminals. we believe both of these characteristics may have an emphasis on the criminal policy of managing dangerous criminals. Shiraz University 2008-7926 12 v. 4 no. 2020 303 337 https://jls.shirazu.ac.ir/article_5980_6e49ad6db74276c512efc8dc54abf1be.pdf dx.doi.org/10.22099/jls.2020.34501.3551