Preservation of Constitution by Judges of Courts with Emphasis on Article 170 of the Constitution
Javad
Taghizadeh
Assosiate Professor of Public Law, Faculty of Law and Political Sciences, University of Mazandaran, Babolsar ,Iran
author
Morteza
Nejabatkhah
Assistant Professor of Public Law, Faculty of Law and Political Sciences, University of Mazandaran, Babolsar ,Iran
author
Rezvan
Fadaee
MA. in Public Law, Faculty of Law and Political Sciences, University of Mazandaran, Babolsar ,Iran
author
text
article
2016
per
The constitution of Islamic Republic of Iran is silent about the constitutional supervision of judges of courts over ordinary laws. But Article 170 of the constitution has provided the judicial supervision of judges of courts over governmental regulations and bylaws. The aforesaid Article states: "The judges of courts shall abstain from execution of governmental regulations and bylaws which are in contrast with Islamic laws and rules or out of jurisdiction of executive branch…." It seems that the judicial supervision of judges of courts can include the judges of ordinary courts, the judges of Administrative JusticeCourt, and the judges of councils of dispute settlements. Also, that the judicial supervision of judges is not limited to regulations and bylaws of executive branch, rather, it also includes the regulations and bylaws of other State institutions, except what has been excluded by article 12 of Act ofAdministrative Justice Court. It seems word "laws" in Article 170 of the constitution, include constitution and ordinary law. Also, judges have the jurisdiction of constitutional supervision over third degree norms same which they have the jurisdiction of legal supervision over them.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
1
27
https://jls.shirazu.ac.ir/article_3748_1fe37ff89774cc57bf63f9c7e09bfd47.pdf
dx.doi.org/10.22099/jls.2016.3748
Philosophic Explanation of Suspended Contract
Serous
Heidari
Assistant professor in Private Law, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran
author
Abdollah
Tagaddosi
M.A in Public Law, Tehran University, Tehran, Iran
author
text
article
2016
per
The root of disagreement about the legal status of suspended contract must be detected from taken approach as to the subject matter of suspension and the possibility of separation between creation and creature. Adoption of causality between creation and creature with consideration to the impossibility of separation between cause and effect, has led some to propose the theory of nullity of suspended contract and forced the others to introduce the effect of contract as the subject matter of suspension. However, the nature of contract must be seen as it and the possibility of separation between creation and creature can be detected from the possibility of separation between cause and effect. In conditional contracts, the creative intention emanates in a manner which indicates the necessity of another element for the creation of the legal nature of contract. The rule of correlation between cause and effect is exclusively applied to final cause and, whereas the creative intention in the suspended contract must be considered as an al-cause, separation of creation and creature will be possible. From this perspective, the occurrence of intended condition will be the last component of final cause for the creation of legal nature of contract.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
29
56
https://jls.shirazu.ac.ir/article_3749_76d7d1b587f98a63e1046f8714bf32df.pdf
dx.doi.org/10.22099/jls.2016.3749
The Legal Mechanism of Interaction Between Guilds and state and Weak Institutionalizing of Professional Unions in Iran
Kalilolah
Sardarnia
Associate professor ,Department of Political science, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran
author
Sasan
Jahedin Mohammadi
M.A in Public Law, Shiraz University, Shiraz, Iran
author
text
article
2016
per
Abstract In this article, the emphasis has been on analysis of the mechanism and legal obligations about reations of guilds and professional unions with state, their deficiencies and weak institutionalizing of this relation in Iran. This study has been conducted by interdisciplinary manner in two courses of public law and political sciences. The main questions in this article are: What are the important legal mechanism and obligations on the activities and interaction of guilds with state in Iran in two last decades? What have been the important efficient variables on the non-full successfulness of professional unions and their weak interaction with state in Iran? In answer must be said that: in the professional system law and the constitution, have been articulated the obligations, preconditions and necessary opportunities for the activities of professional unions, and then, Must try to find the reasons of non-full successfulness of these actors in political, organizational and sociological variables. Of course, in his article, have not been denied the relative practical successfulness and organizational advancement of them, but have nearly much distance with ideal type.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
57
83
https://jls.shirazu.ac.ir/article_3755_7c493260f7f8b888d1f885910f9de6cc.pdf
dx.doi.org/10.22099/jls.2016.3755
A Study on the Level of Copyright Compliance in the Scope of Iran’s Scientific Productions
Hadi
Sharif Moghadam
Associate Professor in Information Science, Payam Noor University, Mashad, Iran.
author
Sina
Roohollahi
M.A Student in Private Law
author
Salome
Sharif Moghadam
M.A in Criminal Law and Criminology, Allame Tabatabaee University, Tehran, Iran
author
text
article
2016
per
Abstract This work is the result of a research study,regarding the viewpoints of people on copyright in Iran. The data iscollectedthrough questionnaire in Mashhad and an electronic discussion group throughout Iran. The sampling societycontains 84 students, 66 university professors, 30 clergy students, and 26 others, which the total number is 206. Almost most of the specimen declared that non-compliance with copyright in Iran affects economic, cultural and scientific growth. Almost 3.5 out of 5 of the respondents believe that plagiarism is the same as theft. More than 21% of the respondents have announced that they felt guilty about unauthorizedcopying of books. More than 50% of the respondents believe that copyright law is not fully implemented in Iran.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
85
109
https://jls.shirazu.ac.ir/article_3756_9c7519d296f2854215e2a4ffce67fe76.pdf
dx.doi.org/10.22099/jls.2016.3756
The Rules Applicable to the Subject and the Terms Regarding the Form of Industrial Designs Rights Assignment Contracts under Iranian and French Laws (with a View to the Theory of Unity of Art)
Seyed Mohammad Mahdi
Ghaboli Dorafshan
Associate Professor in Private Law, Ferdowsi University of Mashhad, Mashhad, Iran.
author
Saeed
Mohseni
Associate Professor in Private Law, Ferdowsi University of Mashhad, Mashhad, Iran.
author
text
article
2016
per
In Iranian and French legal systems, the rules applicable to the formation of industrial designs rights assignments have not been laid down in the section dealing specifically with those designs. Hence, in French law, in order to clarify the rules governing the said contracts, besides applying the rules of general contract law, the rules set out in the literary and artistic property section are cited, through invoking the theory of unity of art. In Iranian law, despite the possibility of accepting the theory of unity of art, given the absence of specific provisions on literary and artistic rights contracts, the rules of general contract law must be applied. At the same time, in both legal systems, registration of contracts related to industrial design rights is a prerequisite of their opposability against third parties.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
111
135
https://jls.shirazu.ac.ir/article_3757_329a67483759c90e024271b2a8e86285.pdf
dx.doi.org/10.22099/jls.2016.3757
Studeing the Effect of Collusion Conditions on Contracts in Imamiyeh Jurisprudentce
Bakhtiyar
Nasiri Avanaki
Ph.D. candidate , Ferdowsi University of Mashhad, Mashhad, Iran.
author
Karim
Abdollahi nejad
Professor in Feghe And Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran.
author
Hosein
Saberi
Professor in Feghe And Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran.
author
text
article
2016
per
Abstract There are different opinions about the extent of influence of collusion-conditions on the contracts among the Shiah jurisprudents. The majority of ancient jurisprudents believed that the collusion- conditions , ie conditions accepted by both parties before forming the contracts, have no effect on the contract. This opinion baseed upon 1 –genuine islamic traditions and 2 – the lexical meaning of condition. This article by comparative examining tries to show that this opinion is not acceptable and the narrated traditions are about temporary marriage and the lexical meaning of conditions is rejected . Therefore , as the later famous jurisprudents have stated , according to general conception of sacred tradition that says : “ All moslims are abliged to their obligations. “ and other reasons , it is concluded that the collusion- conditions are as valid as expressed conditions.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
137
171
https://jls.shirazu.ac.ir/article_3758_ab1da41ee747846d02c894a914165052.pdf
dx.doi.org/10.22099/jls.2016.3758
Civil Liability Resulting From Transportation and Disposal of Hazardous Wastes
Alireza
Yazdanian
Associate Professor in Private Law, Isfahan University, Isfahan, Iran.
author
Farnaz
Bateni
M.A in Private Law, Isfahan University, Isfahan, Iran.
author
text
article
2016
per
Abstract Transportation of hazardous materials always causes a dangerous environmentand in some cases leads to incompensabledamage. Because of this fact, the specialists of civil liability concerned with the importance of the determination of a specific regime of civil liability. With regard to civil liability arising from transportation of hazardous materials, not only the regime of civil liability has changed into the strict liability but also the new rules concerning the determination of liable person have been emerged. Contrary to the general rules of traditional regime of civil liability in which this is the wrongful act of the wrongdoer that engages the civil liability, in the context of civil liability arising from transportation of hazardous materials the specific principles such as the principle of “channeling of liability to Operator” plays an important role. From the perspective of international law, some conventions such as the Basel convention 1989 and its protocol relating to civil liability have tendency to establish the specific regime of civil liability.
Journal of Legal Studies
Shiraz University
2008-7926
8
v.
1
no.
2016
173
199
https://jls.shirazu.ac.ir/article_3759_969d6db63fe124dc63d942178aa35bd9.pdf
dx.doi.org/10.22099/jls.2016.3759