The Authorities Competent in Issuing Injunction under Iranian Legal System
hamid
abhari
دانشیار گروه حقوق دانشگاه مازندران
author
reza
zarei
عضو هیات علمی دانشگاه آزاد شیراز
author
text
article
2013
per
Injunction is a discretionary action that is issued by some legal authorities in emergent cases demands by a beneficiary. Articles 310 to 325 in Civil Procedure Code have regulations about temporary on. Moreover, temporary order has been foreseen in the special codes. There are important questions about competent authorities to issue temporary order For which we need to offer a number of guidelines due to scarcity of the sources. For examples, if the appeal court has jurisdiction for issuing temporary order? If the arbitrators have jurisdiction for issuing temporary order in cases refered to them. In this article, the competent authorities for issuing temporary order in the Iranian legal system are discussed.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
1
28
https://ajkrl.scu.ac.ir/article_11614_ac64b1b7500e00b5627f85e493cbb6bd.pdf
The Exam Paper with your Answers:A Forgotten Document
mostafa
jabbari
دانشیارفقه و حقوق اسلامی دانشگاه سمنان
author
text
article
2013
per
All students know what it means to take an exam; it is the same old, sad story of sitting and then keep worrying about the exam paper and the answers you have written on it, facing the dilemma of whether to make an objection or not to your exam result, not being certain whether you actually have the right to see your graded paper or not, and then finally waiting for the teacher’s final say which is at times accompanied by the fear of losing even more marks when a teacher threatens to deduct some, if your grade is the same after he has taken time to look at your paper again.
All this research paper intends to accomplish is to show that although at first glance the exam paper with your answers on it looks like “a helpless leaf in the wind” which can carry it to anywhere it wishes, it is actually a DOCUMENT; one with all the features, power, validity and lasting influences and implications of every other document.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
29
56
https://ajkrl.scu.ac.ir/article_11615_e480bf3fed5422628543cbdae1acddbd.pdf
Dumping and Legal Tools to Counter it in Iran Legal System and Europe
ghasem
khademrazavi
هیات علمی گروه حقوق دانشگاه علوم قضایی تهران
author
somayeh
zilabi
کارشناس ارشد حقوق خصوصی از دانشگاه بین المللی خلیج فارس
author
text
article
2013
per
Nowadays, considering international trade increase all over the world and being pervasive in most countries and also knowing that countries can not provide all their needs and sources doing business and compet with other countries is necessary. It is possible that some developed and powerful countries use some special ways against some other countries so that they can gain more benefits, but this will put them away from a fair competition. This situation has always been in international trade and is increasing. Dumping are examples of the above mentioned. Dumping is considered a negative result of free trade and occurs when a foreing exporter sells goods to a country at a lower price which are sold in it is own country. Though free trade has many advantages but it will sometimes be a great threat for developing countries, specially for their industry units,.and domping is the most common danger to these countries. Dumping leads to more exclusiveness and isolation. On the other hand, it affects the share of market inner agancies. Dumping's growth can be related to the world trade and develop free competion field after the second world war. World Trade Organization has set up some rules against dumping. Considering if free trade is accepted to join the World Trade Organization some export and import duties must decrease so some countries may face dumping. There for inter industries need to be protected by law tools. The existance of special rules against dumping makes the oreing trade businessmen and international trademen, knowing their rights, defense it. Except some rule about costums rules, set up in 1350, and some other not well know rules, Iran has no special laws against this destructive problem because of not having enough law systems on this field We intended to study some ways of facing dumping in Europe. However dumping is an economic problem but it is necessary to be studied in terms of law.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
57
86
https://ajkrl.scu.ac.ir/article_11616_9ba96b2fe19208a3261dfc780a9ebf20.pdf
The Source and Legitimacy of the Presumption of Fact
meysam
doosti
کارشناس ارشد حقوق چمران اهواز
author
roohalla
dehghani
کارشناس ارشد حقوق چمران اهواز
author
abdolhousein
rezaeerad
استادیار فقه و حقوق چمران اهواز
author
sayedhousein
altaha
استادیار فقه و حقوق چمران اهواز
author
text
article
2013
per
Providing evidence has a significant role in the process of a trial, and following a correct legal procedure is one of the characteristics of a fair trial. Presumption of fact is considered as one of the legal procedures of proving a complaint; presumption of fact has thus found a special place among other judicial evidence due to the recent scientific progresses. Therefore, it has been approved by the lawyer based on religious reasons. The presumption of fact, which has a European root, is an indirect proof because a judge discovers unknown facts based on known ones. These presumptions of facts have had specific origins including judges’ assumptions, circumstances, habits, and conventions. There are uncountable types of presumption of facts but the most important ones are: expertise, place check, site searching, and the latest scientific proofs. however,fram an Islamic perspective this is a judge who states their validation, and presumption of fact can be used in complaints related to people’s rights. If presumption of fact directly contradicts other evidence except legal documents and confession, it can nullify other evidence.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
87
106
https://ajkrl.scu.ac.ir/article_11617_cef95d9b45644fa21db4f2241c518562.pdf
Nature of Criminal Actions and Criminal Responsibility of Mentally Retarded Persons
housein
ramzdan
کارشناس ارشد حقوق جزا دانشگاه شیراز
author
text
article
2013
per
Criminal responsibility of mentally disordered people is of issues that has been unnoticed in the criminal laws of this country. These are people whose intellectual and mental growth have remained undeveloped and therefore are lower than ordinary people in society in terms of IQ. It is required to explain although these people have been exempted from criminal resposibility in famous jurisprudence books in our law, there is great controversy among lawyers. In general, it appears these people lack criminal responsibility but possibility of criminal reaction against the criminal action in form of security and teaches actions exits. This essay, tries to introduce these people to distinguish persons of its subject. By examining of reasons why criminal actions of these people are crime in practice. Later, a judicial decision as to criminal responsibility of these people will be explained.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
107
141
https://ajkrl.scu.ac.ir/article_11618_b65e6c0a75869c18f60da1bf88643f8e.pdf
H. L. A. Hart and Application of Analytical Philosophy in Legal Interpretation
gholamhassan
mazarei
استادیارگروه حقوق دانشگاه شهیدچمران اهواز
author
text
article
2013
per
Interpretation is the principal tool in legal studies. In order to promotion methods interpretation methods it is necessary to get help from modern linguistic sciences. The studies available on Hart’s method in the “concept of law” advocate efficiency of analytical philosophy to clarify ambiguous legal concepts. Analytical philosophy, the principal field in philosophic practice in the second half of the twentieth century in Anglo Saxon world, pursues exact and astute analysis of concepts. Hart as analytic philosopher uses this method for analysing concept of law to reveal efficiency of this philosophy for legal interpretation and jurisprudence. In this article, an investigation is done to pinpoint a comprehensive definition of law and jurisprudence in terms of Hart's model. In particular the ability of this approach in the interpretation of law and jurisprudence based on Hart's method in the "concept of law", inclusive and exclusive definition, clarifying ambiguous legal words and correction legal language based on Hart's method are elaborated.
Academic Journal of Knowledge and Research of Law
Shahid Chamran University of Ahvaz
2223-5874
2
v.
1
no.
2013
141
171
https://ajkrl.scu.ac.ir/article_11619_8ea33f5dc148e5a0dabad0f54d32c5ab.pdf