https://jls.shirazu.ac.ir/ Journal of Legal Studies en daily 1 Sat, 23 Oct 2021 00:00:00 +0330 Sat, 23 Oct 2021 00:00:00 +0330 https://jls.shirazu.ac.ir/article_6385.html Following surge increase of disputes arising out of technology developments, and especially rapid growth of e-commerce and different interactions in the cyberspace within recent decades (which some authors called it "Tsunami of Disputes"); many states, private companies and entities, at the end of second Millennium, were impelled to apply Information and Communications Technologies in the dispute settlement mechanisms. During last decade, with the help of modern Information and Communications Technologies, many different new and sophisticated models emerged and implemented, around the world, for facilitating and enhancing Online Dispute Resolutions, among them, one of the most important and efficient one has become well-known as "Crowdsourcing Online Disputes Resolution (CODR)".This new technology, by relying on "Wisdom of Crowd", conveyed much better capacities and opportunities to settle the disputes peacefully and without any need to recourse to Judicial Authorities. The present article, beside specifying the capacities of this new methods as well as analyzing their opportunities and challenges demonstrates that in order to reach fast, fair, more peaceful and cheaper methods of dispute settlements, exploiting the capacities of new models of ODR would be crucial, urgent and unavoidable, especially by considering the possibility of increase of conflicts because of Covid-19 virus out-breaking disaster and the financial and physiological crisis therefrom and the high volume of disputes in the judiciary system of our country. https://jls.shirazu.ac.ir/article_6386.html breach of contracts and damages which violate the violation is one of the most important issues in the implementation of contracts. One of the cases is the violation of a breach that violates the first contract on the side of the payment of the damages and gives the second contract a type of opportunism or opportunism. the main issue of this paper is investigating the nature and principles of \" restitution of the interests caused by disgorgment in the rights of the united states and investigating its possible bases in iranian law and shiite jurisprudence as well as its effect on the commitment to contracts and to prevent effective contract violations. The article shows how the American justice policy is intended to prevent opportunism with the aim of preventing breach of obligations, which is alleged to be in compliance with the other three methods of compensation for damages in markets with stable fluctuations and economies that have underlying inflation. basics explain this method: ethics, efficiency, corrective justice, and unjust theory. as stated in iranian law and imami jurisprudence, it is questionable to rely on the theory of having an unfair ownership, but it can be confirmed by citing the rule of rejection of system disorders in certain conditions. https://jls.shirazu.ac.ir/article_6387.html The main question in this article is that rendering a petition to court is the absolute cause of creating the relationship of the problematic issues that positive Iranian Law, including art. 48 of Civil Procedure Act have no answer to it. French jurisprudence has tried to conciliate the divergent regulations regarding to assignment of petition to defendant and registration of petition in bureau of court. One of theory that suggested by French doctrine and consequently entered into its jurisprudence is separation of substantial and procedural effects of creation of trial relationship. One of the important outputs of this article is a theory upon it the substantial effects of creation of trial relationship are emerged upon the assignment of the petition, but procedural effects of it postponed to registration of petition in bureau of the court. There are arguments that emerge hesitations about the creation of trial relationship by the registration of petition, in the court. https://jls.shirazu.ac.ir/article_6388.html Indirect profit means the use of the proceeds of crime by persons other than the perpetrator (Principal, Participant and Accessories). In fact, the benefit of crime in the beginning step in the form of crime motive and the final step is to benefit from it seems. The difference between these two steps is that the motive or intention of the crime is exclusive to the principal or principals, but the final step, means that the actual profit of the crime is, Sometimes To get people who do not have role in committing a crime. This attribute is more applies to the perpetrators of the family and relatives. The issue of this research is in the same vein to explain what conditions it is possible to the punishment of the beneficiaries of the crime is possible. In this research, using library resources and analytical and descriptive methods, it has been clarified that any education or receipt of income is consistent with the title of money laundering, but it has been concluded that the benefit of the crime by the relatives of the perpetrator is conscious and due to gross neglect of the source of the suspicious property, it is not necessarily compatible with money laundering or complicity in the main crime, and in this regard, it has been suggested that ... https://jls.shirazu.ac.ir/article_6389.html Environmental impact assessment refers to the processes of forecasting, identifying and evaluating the effects of projects and development decisions on the environment, human health and the well-being of society.This obligation is a key State’s Commitments to protection of environment and improvement of environmentally sustainable development. The International Court of Justice described this concept in some of its Judgements; in particular in the 2010 Judgement on the Pulp Mills on the River Uruguay and the 2015 judgement on the Construction of a Road in Costa Rica along the San Juan River and Certain Activities Carried Out by Nicaragua in the Border Area . The main question that this paper seeks to answer it is: What is the legal nature and content of this obligation in the light of the ICJ case law? ICJ recognizes the customary nature of the obligation of environmental impact assessment and explains its content.The result of the descriptive-analytical studies of the ICJ Judgements in evaluating this hypothesis confirms the Court's developmental step in identifying the environmental impact assessment as a customary rule,In addition, the Court’s states that the content of the environmental impact assessment should be determined in each case, but in any way, monitoring the environmental impacts of developmental activities is not only necessary before doing them rather they need to be continued during such actions. https://jls.shirazu.ac.ir/article_6349.html Granting citizenship to persons on the basis of the Jus Soli has been the oldest principle in the formulation of citizenship rules in legal systems. It seems that the drafters of the Iranian civil code in applying the rules and regulations of citizenship have been completely influenced by French law and have translated the nationality rules of that country. Citizenship rules, like many other social issues, must be governed by the cultural, political, economic and social conditions of each country. A Comparative Study of Jus Soli in the Legal System of Iran and European Union Member States, including France and the United Kingdom, can show how nationality regulations evolve under these conditions. Iran's civil code, using French law, has used four of the five recognized Jus soli models. The economic, cultural and political conditions of Iran indicate that the granting of all recognized forms of citizenship is not in the interests of the Iranian government and society, and that Iranian citizenship requirements in the area of Jus Soli require substantial reform. Using this comparative study, the Iranian legislator can apply the necessary amendments to the rules on Jus Soli proposed in this article in Iranian civil code. https://jls.shirazu.ac.ir/article_6390.html Some requests and claims have the capacity to contain another claim. The proceeding of a claim involves the processing of another claim that is inside, such as a requirement to draw instrument under seal that ensures validity of transfer and the court properly confirmed. Is it possible for the court to hear the implicit claim? Jurisdiction, court costs and appeals against the court ruling based on which request should be made? It seems in such claims the court can hear the customary, rational, and legal requirements that is the inseparable part of claim. In fact, these issues have also been implicitly demanded by the plaintiff. In such claims, the jurisdiction and appeal of the judgment and the cost of the proceeding shall be determined on the basis of the ultimate claim. In France and in Arab countries such as Egypt such claims are not disputed but there is often resistance to acceptance in Iranian judicial practice. Since the acceptance of such lawsuits can undoubtedly facilitate litigation and reduce the social and economic costs of litigation in the Iranian judicial, we are going to examine the different aspects of implicit litigation in this descriptive-analytical article. By reducing the ambiguities, the way will be provided for the acceptance of implicit lawsuits in the judicial procedure. https://jls.shirazu.ac.ir/article_6391.html General Assembly of Supreme Court in its Judgment for Unification No 786 said that the opinion of Disciplinary Council of Order of Engineering and Building Controlling, in contrast with procedural and accepted terminology, is definitive and enforceable because the term “definitive” is free from any restriction (absolute). The assembly has provoked to Principle number 159 of Constitution and so to article 24 of The Act of Order of Engineering and Building Controlling. This judgment is obviously contrary to our constitutional law and our jurisprudence as well as it is incorrect, inconsistence with principle. In fact, the meaning of word “definitive” should be understood by wisdom and literal interpretation of that word is not binding. Also the Judicial function cannot be entrusted to non-judicial bodies unless the justiciable have had the right to action in independent tribunal as their constitutional rights provided. Judicial Review according to Principle 157 of our Constitution and specially for controlling the good administration of justice in non-judicial bodies is overriding. https://jls.shirazu.ac.ir/article_6392.html "Globalization" as a new concept has affected various fields of human sciences in recent decades. Among such domains, there is the field of "law" that has been influenced by this concept. In this regard, present paper, has discussed the subject of the “globalization of law” and has expressed different views on this phrase. The most common views and impressions of this concept are categorized and cited by using the research method: descriptive - analytic, therefore. This research shows to what extent was the conception of globalization of law captured by schools or ideological conceptions and to what extent have previous evaluations been effective in understanding the emerging concept of globalization of law; that how the pluralism has been taken against the cosmopolitan of law; or how the conception of idealism is against legal realism. As a result, the agreement on this phrase remains at the "concept" level and there is a possibility of consensus with a refusal at the step of "conception". https://jls.shirazu.ac.ir/article_6393.html The emergence of international norms aimed at protecting children is one of the most significant developments in modern international law. In this regard, the abolition of child labor was one of the most important developments that were followed by the General Conference of the International Labor Organization after the formation of the League of Nations. Today, one of the four fundamental principles of fundamental labor rights in the 1998 Declaration of Fundamental Rights is “the abolition of the worst forms of child labor”. On the other hand, in recent years, one of the most important tools for the development of human rights has been the interpretation of the European Convention on Human Rights, which is presented by the European Court of Human Rights. Therefore, in this study, the question arises: “To what extent has the European Court of Human Rights ruled in the development of the rights of working children?” In conclusion, this hypothesis has been confirmed that “the court, with a static interpretation approach and by referring its judgments to the main sources of international law, plays an influential role in the development of the rights of working children, albeit gradually. ” The method used in this research is descriptive-analytical and library tools, documents and electronic resources have been used to collect data.