https://leg.isu.ac.ir/ Govah Legal Education en daily 1 Mon, 20 Apr 2020 00:00:00 +0430 Mon, 20 Apr 2020 00:00:00 +0430 https://leg.isu.ac.ir/article_2803.html Meticulous and fiduciary is one of the oldest and the most familiar proposed concepts in every legal system. Ethicalvalue of meticulous and its special rank among people caused that it has special rank in every different legal systemtoo. Some of legal system, such as common law, express some circumstances and criteria for recognizing meticulous’qualification, and in some other legal system such as Iran, recognize that meticulous is a person whom owner or legislator had made it, as a meticulous. Furthermore the meticulous also has been investigating in a special way in a legal claim. A sentence to a lack of surety in order to losing properties is a component of meticulous’ benefits; and the expression ‘there isn’t any responsibilities for meticulous except of oath’ explain this subject. An especial significance and place of meticulous and fiduciary isn’t hidden for anybody. An important issue about the concept of meticulous is inexistence of bordering in an accurate way. This vacuum, explaining about meticulous, is observable especially in different article of civil law. In this research, the writer in assimilation way and the style of searching in legal texts and legal opinions, answers this question that (what does meticulous mean?). (What are the differences between the demonstration and proving in fulfillment of meticulous’ concept?) It seems that absolutely meticulous in demonstration isn’t be permitted, and also in proving meticulous will be responsible, if it is famous for its trustee. https://leg.isu.ac.ir/article_2804.html Having a mediating role among capital holders and capital applicants in various areas, non-governmental credit institutions are very important. These institutions are directly related to people and investors, and they are responsible for financing various areas. So, any challenge in the field of their activities affect public trust in the economy of society. Therefore, proper and perfect legal mechanism for establishing, managing, and dissolving such institutions, has a great importance.  The dissolution and merger of the credit institution as same as its establishment are important. In this study, the dissolution of the credit institution is examined. In this regard, the "Regulations on the Establishment and Governance of Non-Governmental Credit Institutions", approved in 1393, which are currently the only implementation regulation in this regard, should be investigated. The regulation lonely is not sufficient, and we should consider the other relevant banking and related laws, including the monetary and banking law of the country, the Commercial Code, the Bill of Amendment of the Commercial Code adopted in 1347 , and... The dissolution of credit institutions and merging them are discussed separately. One of the factors that will lead to the dissolution of the credit institution will be bankruptcy and cancellation of the permit. In order to prevent the dissolution of such institutions and reduce its economic and social effects, the direct intervention of government and the membership of the institutions in the deposit guarantee fund are proposed. The merger of credit institutions unilaterally and bilaterally or multilaterally should also be considered. https://leg.isu.ac.ir/article_2805.html For the first time in Iran's criminal law record, the Legislator classified Ta'zire sentences into eight general classes in Article 19 of the Islamic Penal Code 1392 and subsequently, it referred to numerous cases such as attempt, accessory, recidive and prescription which indicates the high importance of this article. The discussion of the basis of this article is the first question that arises. Jurisprudence basis of Ta'zire sentences classification including the rule of "Al-Tazir Bma-i-e-Yad al-Hakim" and the Modeling the laws of Western countries, especially the United States of American is one of the issues that will be discussed about the basis of this article. This classification has many legal effects that we will study of these effects. Effects such as determining the jurisdiction of criminal courts, Determination of procedural procedures, determination of the consequences of convictions, prescription, determination of penalties in relation to the accessory, attempt and etc.  Also we will measure the effectiveness of this article in procedure and refer to some of its shortcomings, and finally we will present our corrective headings. Meanwhile, the method of research is analytical-descriptive and a library collection tool has been used. https://leg.isu.ac.ir/article_2806.html Inefficiency of banks’ checklist supervision, in face of global financial crisis especially in EU, raised prudential regulation as a new supervision tool in financial markets’ supervision, particularly banks. Because of the obligatory and legal features of these kinds of regulation, these regulations have a legal importance and functions more than economic or financial management aspects. Iranian bank system, following this global movement, has passed prudential regulation in its bank regulatory system and has developed the Iranian bank law. However, the structural and functional challenges in Iranian bank prudential regulation, has caused the efficient risk management to fail, that the root of these failures and insufficiency should be sought in the legal aspects of Iranian bank prudential regulatory system. In order to perform a critical study on operational and functional structure of prudential regulation in Iran, in an analytic and descriptive method, the directions, regulations and laws related to prudential supervision in Iranian banking law, in light of Basel Committee Standards and Islamic principles has been studied. To play the effective role of legal function of prudential regulation in Iranian banking system concluded that it is necessary to redefine the legal competence of prudential law makers, executors and supervisors in order to eliminate the conflict of law in three mentioned part of prudential regulatory system. Also, it is suggested to determine specifically the civil and disciplinary responsibilities of the prudential law-breakers and to define the sufficient punishment and controlling legal options like the revocation of bank license or to deprivation of professional competence of bank managers. https://leg.isu.ac.ir/article_2807.html Regulation or regulation is one of the most important functions of the executive branch, which in some cases is in the form of the preparation and approval of the rules of procedure of laws, and in others, by type of work, political or administrative authority for the performance of administrative duties, the enforcement of laws and the regulation of its administrative bodies Provisions of the law and regulations. In some cases, his or her political or administrative authority initiates and performs administrative duties, to Providing law enforcement and regulating its administrative bodies to the enactment of the law and regulations. Meanwhile, as the principle of the hierarchy of laws and regulations requires the general policies and ordinary laws of the parliament to follow their upstream principles, The regulations of government and executive agencies should also comply with the general principles of regulation that are addressed in upstream documents, including the constitution, general policy systems, and customary laws. In the system of the Islamic Republic of Iran, one of the basic it from other political systems of the world is the principle of the legality of laws and regulations. In this paper, the authors responded to the question that "the concept and mechanism of guaranteeing the principle of the legality of laws and regulations in the legal system of Iran? Through descriptive-analytic study, the concept of the legal principle of good regulation has been investigated; its bases in two parts of the sovereignty and legal system of Iran and its guarantee mechanism have been addressed through the Guardian Council and the Administrative Justice Court as an institution for the regulation of executive agencies. https://leg.isu.ac.ir/article_2808.html One of the effects of the industrialization of human societies is the increasing use of motor vehicles by humans, which, despite the fact that human life has been facilitated, has led to many incidents involving a lot of financial and human damages, in which the above-mentioned incidents and methods of compensation for financial and physical damage Entry into the victims of these incidents is one of the major issues of civil responsibility in the current world, and these events do not only create problems for the people of the community, but also increase the social responsibilities of the state and the public nongovernmental institutions, and this is a fundamental research carried out by the library method. Try to find out That the responsibility of the Road Safety Counselors, which includes the Ministry of Road and Urban Affairs outside the city and the municipality of the city as well as the traffic police, in some cases that are responsible for the safety of the road, are to be reviewed and, ultimately, we state that the basis The responsibility of these institutions can be justified by any civil liability theory. Regarding the general rules of civil liability and the theory of the "assumption of priority of the servant on the state" and in accordance with Note 3 of Article 14 of the Law on driving offenses adopted in 2010, the responsibility of safety carriers is based on the theory of fault and cannot be caught by reference to Note 3 Article 14 of the Law on Driving Misconduct came to the strict liability theory as well as the liability of the insurance companies and the fund for damages in Article 16 of the new third-party insurance law in relation to road safety officials with the group guarantee theory because the insurer in the compulsory insurance law A third party is seeking a mechanism to expedite redress is seen. https://leg.isu.ac.ir/article_2809.html In the Islamic Republic of Iran, following numerous criminal procedures, the penal code was finally approved in 2013. This regulation pays great attention to detail. The principles of fair trial include principles such as general guarantees, including the right to litigation, Independence and impartiality of the reference authority, the equality of defense facilities, the availability of facilities and adequate defense time, the right to face trial, the right to appeal, the right to open proceedings, the right to be heard within the reasonable period of time, the principle of opposition or opposition, the principle of the legality of crime and punishment, the principle of innocence, The right to know the charges, with the reasons for it, the right to remain silent in the investigation and giving C, prohibition of torture and other ill-treatment during investigation, the right to confront witnesses and ask questions of the other side and so on. And finally, it should be noted that this law has paid a lot of attention to the principles of fair trial than the former laws. https://leg.isu.ac.ir/article_2810.html The legislator sometimes considers the only solution to some of the issues being arbitrary and has led to the formation of compulsory arbitration in Iran's legal system. Therefore, arbitration or Optional is the source of the contract, or compulsory, which has legal origin. In compulsory arbitration, the parties have no discretion in referring or refusing a dispute to arbitrators, and the law requires them to refer to arbitration. Compulsory arbitration is not in any way a right to litigation, because foreclosure is true when there is no prosecution. On the other hand, litigation simply does not mean referring to state courts and referring to arbitration also provides for the right to litigation. Examples of the process of compulsory arbitration include securities market disputes, pre-sale construction, privatization, contracting, and family disputes. In this research, by descriptive-analytic method, we have defined that although arbitrary arbitration is the principle of compulsory arbitration, it is an exception to avoid prosecution, reduction of judicial cases, more speed in resolving disputes, and ... the mechanism of arbitration Compulsory evaluation is useful.. https://leg.isu.ac.ir/article_2811.html The principle of speed in the international trade requried, first to the end  of business operations carry out without any delay; To achieve this, the need for liquidity will be one of the most important barriers. Accordingly, to avoid losing business opportunities and close competition in the field of international trade, Time to lose opportunity will not come. On the other hand, new methods of financing against costly and complex methods of the past are more and more important for international trade activists and international investors. Financing method of forfaiting causes that the financial and business needs of business activists and investors to be met In the shortest possible time and in the least harmful way. Including the need for liquidity, can be met at the shortest cost, in order to survive in the best possible conditions. In this study, considering the international laws and regulations, as well as the examination of the US Uniform Commercial Code and the domestic laws of Iran,we will explain the concept, nature and effects of the Forfaiting Agreement. https://leg.isu.ac.ir/article_2812.html With regard to crime in human societies, "crime prevention" is considered to be the most important strategy for combating crime and crime, which is of utmost importance among various preventive measures and its types, "social prevention of crime". In social prevention, the causes and factors of crime, including the causes and factors of economic, social, cultural, etc., are investigated and their purpose is to prevent the emergence of thought and criminal decision in the minds of individuals that special attention to this type of prevention Institutions and social groups such as family, school, peer group, etc. Among these institutions and social groups, Religious hey'ats have many capacities and functions that, unfortunately, have been somewhat neglected. Religious hey'ats, as a social institution of the people, can, in the case of "correct explanation" and "adherence to certain principles," by liberating their capacities and operating their functions, have a special place in crime prevention, and vice versa; if this institution correctly It can not be explained or adhered to the principles governing it, and it can cause distortion and distortion. In this paper, social monitoring is described as one of the main functions of religious hey'ats that has an effective role in preventing crime, and has been dealt with in various aspects and how it functions in prevention. It should be noted that religious hey'ats have many functions that are addressed here only to its main function. https://leg.isu.ac.ir/article_2813.html Regulation in the domain of cyberspace is one of the new concepts and the coordinates of the modern society. The main question of the article is what are the properties of the regulation of the Iranian cyberspace and through which duct it has been created in the Iranian legal system. In addition, we want to find out the similarities and differences between iranian legal system and the similar institutions in China. It seems that the institution and structure of regulation of cyberspace in China in different aspects has more similarities with the Islamic Republic of Iran and in some cases it can be an example for Iran. Within Iran, the Supreme Council of the Cyberspace is the central trustee and pivot of the regulation of virtual scope regulation, and the other organizations to be competent in any part of regulation of the cyberspace should have a legal source that is positive for their competence and exceptional on the common competence of the Supreme Council of the Cyberpace. Although, during the discussion, several library sources of Persian and Latin have been used, but the main bases of the thesis, whether in Iran or foreign countries, laws in countries and international institutions, principles and rules of public law. https://leg.isu.ac.ir/article_2814.html State of emergency is one of the inevitable realities of any political system. The how governments confront with state of emergency and legal framework of this confrontation is an important challenge in Public Law in different countries. Although Iran is subject to natural and abnormal crises, it has no coherent laws in its legal system and Article 79 of the constitution of Iran stipulating the state of emergency is abandoned. This article examines how one of the modern legal systems, especially Canada, confronts with state of emergency as a preliminary studies to predict desirable legal status of that confrontation in Iran. So it is answered in this article that how Canadian government confronts with annoying issues disrupting security, and how legal system of Canada recognize the State of Emergency. This study expresses Canadian emergency regime by a descriptive-analytical view in the historical context. According to a preliminary study of some laws of the Canadian Parliament, it was assumed that in emergencies, Canada would also by enacting and enforcing a parliamentary law declare a state of emergency with a variety of emergencies over a given period of time with limited powers of government.  But the study of historical behavior of Canadian government has shown that the conditions in our hypothesis are in the laws, but not in practice; and other mechanisms such as the suspension of a part of “the Canadian Charter of Rights and Freedoms” and in particular the enacting of "anti-terrorism legislation" have been enforced federally in the post-9/11 period. https://leg.isu.ac.ir/article_75492.html With the outbreak of the Corona virus, accompanied by the closure of micro and macro economic units and the infliction of serious damage to various segments and businesses of the people, the government will have difficulty in obtaining credit from the tax sources of its budget. So, there are important questions in this regard, including whether there is a way out of this damage by using legal capacity in tax laws? Or what solutions have the Supreme Tax Council and the National Corona Headquarters, as the responsible upstream institutions, offered to overcome this situation? And is it possible to use the approach of the Alawite government as a model of Islamic governance in the face of such problems? In this article, by using descriptive-analytical method to study and model the Islamic government during the caliphate of Imam Ali (as) as an indicator and also by referring to the law of direct taxes as a strategic document of the country, tax aids in critical situations and review it in order to achieve an effective approach to get out of the problems. And by suggesting solutions such as using the capacities contained in Articles 165 and 167 of the Law on Direct Taxes, it helped to get out of this situation and reduce the economic pressure on the nation. https://leg.isu.ac.ir/article_75493.html Governments have always been one of the most important political institutions that have been tasked with guiding society and meeting the public requests of the people. In fact, the policies of any government can be considered as one of the most important factors influencing the developments and currents of that society. One of the most important aspects of this policy is economic policies that are formulated and implemented in accordance with the goals of each society, in other words, it expresses the goals and policies of that society. Since the ultimate goal in Islamic society is to attain divine knowledge, it is necessary to pay attention to both the hereafter and the worldly dimensions. Also, the domination of the government on its extensive duties in these two dimensions is considered an important step towards achieving the goals of Islamic society. Accordingly, one of the most important economic policies in Islam is "government expenditures", which has been a vital and important issue since the beginning of Islam. What is discussed in this article is the study of these costs based on the sources of narration and the opinions of Islamic jurists and scholars and an attempt has been made to clarify and explain the demands and expectations of Islam regarding the expenses of the Islamic State https://leg.isu.ac.ir/article_75494.html In times of crisis in different countries, restrictions are imposed to control the crisis so that the government can control the situation in an organized manner; Especially if the crisis is an epidemic. The outbreak of the coronavirus as a global crisis has prompted all countries to try to control the situation by declaring a state of emergency and forming a crisis committee. In line with the declaration of the state of emergency in Qatar, the High Committee for Crisis Management was formed and in accordance with the laws, including Law No. (2) of 2012 entitled "Law on the Establishment of the National Committee for Biosafety", Law No. (17) of 1990 entitled "Law "Counter-communicable diseases", Law No. (13) of 1997 entitled "Law on Stages and Regulations of Emergency Situations" and other laws, regulations and regulations for the control of corona were adopted and promulgated, and thus instead of Iran Suffice it to say, a special legal system was set up. So the question is, "What emergency legal system has Qatar established to control and manage coronary heart disease?" Due to the successful measures of Qatar in controlling the mortality rate due to coronary heart disease and the fact that the legislative system of Qatar has a more appropriate infrastructure compared to Iran, this comparative study is a normative and descriptive-analytical method. https://leg.isu.ac.ir/article_75496.html The COVID-19 pandemic is an unprecedented global health crisis with no clear ending in sight. It has already provoked one of the most significant contractions of the global economy in a generation, and continues to adversely impact virtually every business sector. Arbitration proceedings (and the arbitral institutions which administer them) have not been immune from these effects. they have been forced to swiftly adapt to the exceptional circumstances of the pandemic and they moving forward now with remote conferencing tools. For decades, parties, counsel and arbitrators have enjoyed the benefits provided by online arbitration, Yet, commercial arbitration has been slow to fully embrace online technology. But we no longer live in the ideal world. The Covid-19 pandemic compels us to adapt to survive. Fortunately, technology has developed to make online arbitration a viable alternative, be it for the next couple months or for the years ahead. most arbitral institutions have strongly encouraged arbitral tribunals and parties to proceed with fully virtual hearings. Many have also outlined specific guidance and factors for arbitral tribunals to consider before transitioning from a physical to virtual hearing. Here is a summary of operational updates for AAA/ICDR, FINRA, and JAMS as of today.