Legal nature of deposits in Banks The scope of free obtaining of
evidence in criminal procedure of Iran and England
text
article
2014
per
Code of Criminal Procedure, sometimes manifested in a confrontation between "security" and "freedom" and other words the challenge of maintaining public order and security on the one hand and protection of the rights and freedoms of the individual.
The process of obtaining evidence in order to identify the perpetrators and prosecute them in criminal courts most important and most critical stages of criminal investigation and serious opposition to individual rights and public power, Fundamental principle governing this process namely principle of free obtaining of evidence due obtaining of evidence in any way possible In order to identify the perpetrators of criminal acts in the shortest time and at any price in order to restore order. Absolute exercising of this Principle endangers individual freedoms and privacy of citizens. Balancing Factor is legitimacy of evidence in our law and exclusionary rule in England that require rights and freedoms of the individual and dignity of criminal justice.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
1
32
https://jls.shirazu.ac.ir/article_2354_3fbb2b69926c08919d72a24d437a755a.pdf
dx.doi.org/10.22099/jls.2014.2354
Legal nature of deposits in Banks
text
article
2014
per
People usually contract with banks and financial institutes, which is so-called as “deposit”. Although it is prevalent, but actually the nature of these kinds of contracts do not clearly established in our legal system. It seems, however, there is no usury, but in fact, it does not help. The paper aims at explaining the legal nature of these deposits in the banks. Therefore, it has tried to explain initially the characteristics of these deposits. Then the researcher is going to compare bank deposit contracts with their analogues such as: loan; bailment of a capital; empower, etc and finally to help clarifying the legal nature of the contracts.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
33
71
https://jls.shirazu.ac.ir/article_2355_999d825984f7008fd6a1ccf2b91e3be6.pdf
dx.doi.org/10.22099/jls.2014.2355
Islamic religious views about the implementation and evaluation of liability if loss the stolen property
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article
2014
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Stolen property is necessity to rejected, but the debate topic between the scholars is about wasted or damaged stolen. Some says responsibility is as the richness of the thief, and others haven’t been difference between of his poverty and richness. But a group deemed to the lack of responsibility in case of execution of Hadd of fall.
Unfortunately, this topic is less considered by books and articles, mostly the generalities of this crime and especially its judgment and less is studied comparably for the details. Therefore, this study examines different perspectives for their documentation, and with the attention and use of narratives to Quran, says this topic is not correct about the lack of responsibility of a thief stolen wealth and poverty in the form of waste he (the thief) is. The aim of this study is to answer the question: with the implementation of the Hadd, do the task of the thief returning the stolen property, be deleted or not? The method of describing and analyzing and matching.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
72
95
https://jls.shirazu.ac.ir/article_2357_0a4f2217c88b909a31575de3ffb26aa3.pdf
dx.doi.org/10.22099/jls.2014.2357
The accummulation the direct and indirect causes in the islamic penal cod 1392
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article
2014
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The Islamic penal cod adopted in 1392 has been revised the criteria for recognition of the sponsor in the accumulation the direct and indirect causes and it has resorted to contrasted foundation that while opposing some of legal principles and rational criteria and also they contrast with some of the articles of this act too.This revision that accompany with a lack of separation between linear accumulation factors (with non simultaneous effect ) and other operators (with simultaneous effect ) has disturbed many of the concept of criminal law such as participation and accessory.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
97
123
https://jls.shirazu.ac.ir/article_2359_b675da9239ba2a8406ecd7571e6b10b0.pdf
dx.doi.org/10.22099/jls.2014.2359
The interaction of the no harm rule and family privacy
text
article
2014
per
Some of theories about the privacy and its scope which rationlise the privacy, indicating the limited access to relations and other informations of another persons and preserving the human dignity( spiritual dignity) . Since the violation of spiritual dignity have been considered as instances of harm (zarar) ,and the basis of issuance of some traditions (ahadis) on the principle on no harm (asl la zarar) ,is only the spiritual damages(zarar maanavi) , the violation of human dignity and reputation is governed by rule of no harm( qaedeye la zarar). In addition, Complete protection of privacy in the realm of family and the reasonable argument and the appearance of traditions ,justify the compensation for spiritual losses inflicted on the persons., in conflict cases, where several losses are confilcted ( tazahom), according to importance rule(qaedeye alahammo fa lahamm) ,the protection of privacy of family is prevailed. Therefore, because of the importance to family honor and preserving of human dignity it will be acceptable that the principle of no harm is a best source for protection of privacy in the realm of family.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
125
153
https://jls.shirazu.ac.ir/article_2360_f3afb2ac86110c0e49fce7c76dde4ae7.pdf
dx.doi.org/10.22099/jls.2014.2360
Determining the Responsible for Compensation of Nuclear Damage, According to the International Conventions of Nuclear Liability and the Iranian Legal System
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article
2014
per
Increasing need to the nuclear energy is undeniable reality. At the same time, nuclear industry always has risks of actual or eventual, and in some cases, accurring damages as a result of nuclear incidence is inevitable. Theses facts have made states to adapt particular regulations. This in turn has resulted in shaping rules about liability and nuclear liability in international Conventions. Thus, these laws and conventions through designing of strict and exclusive liability for operators introduce this person as liable of compensation for nuclear damage,on one hand, and on the other hand, apply the principle of government intervention for provision of additional losses prevent damages to the rights of victims . In the Iranian legal system the only way to identify the responsible person for compensations of nuclear damage is to refer to the Iranian civil code. However it is necessary for the Iranian legislators to adapt particulars laws in this area to remove any inadequacy regarding nuclear civil liability.
Journal of Legal Studies
Shiraz University
2008-7926
6
v.
2
no.
2014
155
187
https://jls.shirazu.ac.ir/article_2361_3f7ed86c48cf5a48cd15229623a17a70.pdf
dx.doi.org/10.22099/jls.2014.2361