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Abdolhosein
Shiravi
دانشیار مجتمع آموزش عالی قم
author
text
article
2003
per
The term “preliminary agreements” refer to those agreements such as a letter of intent, memorandum of understanding, contract to contract, contract to bargain, agreement to agree, which are concluded in expectation of a final contract. These preliminary agreements are becoming further important in the business life. This an issue whether a preliminary agreement is biding on the parties to it. This Article provides a general view of recognition and enforceability of various preliminary agreements in common Law with a reference to English and the United States.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
5
28
https://jolt.ut.ac.ir/article_11373_7b8601d8547eb7af874eeb1c453e9ac4.pdf
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دکتر سید هاشم
بطحائى
author
text
article
2003
per
“Ghazf’ conveys a harmful and a dangerous meaning in Islamic jurisprudence, which mainly implies to stain people’s Reputation. For this reason, Islam as a protector and custodian of the legal entities and as a defender of the oppressed people has assigned “had” (an Islamic fine) for “ghazf’ (on who commits ghazf) as an offender and criminal.
“Ghazf” irrespective of its legal commandment to punish the offenders, contains not only a preventive feature but enactive of law which both play their real role in their proper situation.
“Ghazf’ incurs some harm in “Maghzoof’ (one which is imposed by “Ghazf’).
“Maghzoof’ is entitled to refer to the courts to demand some punishments for “ghazf’.
The judge must summon “ghazef’ to the court, in case he is not true in “Ghazf’, “Ghazef’ will be indebted to “Maghzoof’ and “Ghazef’ receives 80 lashes.
In case of dying “Maghzoof” or lack of vindication of rights, the inheritors are lawful ones to perform Islamic punishment by lash.
Unlike to economic affairs which nearness and remoteness of the relatives are very important in inheritance issues, in “Ghazf’ affairs each one of the relatives apart of their nearness or remoteness can vindicate the Islamic punishments by lash on “Ghazf’.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11374_b1e27354838373287fcb755e5970dd45.pdf
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دکتر علیرضا
باریکلو
author
text
article
2003
per
If a bankrupt make a confession, after his or her bankruptcy it must be considered that if such confession is effective.
The bankrupt may confess that the matter of confession has existed before his or her bankruptcy and its matter may be debt, goods or confess that the matter of confession has existed after his or her bankruptcy .The matter of it also may be debt or goods; in this case, if the matter of confession is debt. It cause may be legal act or civil responsibility.
In this Article, the effect of confession of bankrupt, in all cases, in accordance with legal principle of Iranian Law will be considered.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11375_79017fdd8799fe4b791c31e5c33fa9e0.pdf
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دکتر محمود
جلالی
author
text
article
2003
per
Taking into consideration the broad jurisdiction of the International Court of Justice (ICJ), human rights have in several occasions been subject of cases before the Court. However, in a strict sense of the term the ICJ is not a court of human rights. This is because the Court under Article 34 of its Statute is to decide disputes between States. Moreover, it may give advisory opinions only on the questions that are brought to it by the authorized bodies specified in the United Nations Charter. Therefore, no individual, company, nongovernmental and even governmental organization has direct access to the Court.
This article presents a legal analysis of the World Court jurisprudence on human rights issues in brief. It argues that despite article 34, the Court in many instances played a crucial role in the development of the international law of human rights in the contemporary use of the term. In particular, the Court’s decisions on universal character of human rights worth mentioning.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11376_c2d099dfab77efb2535e58b3b45f781c.pdf
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دکترسیرالله مرادی
نوده
author
text
article
2003
per
The International Court of Justice was established in 1946, in place of the Permanent Court of International Justice. The new court was made an integral part of the United Nations Charter and the principal judicial organ of the United Nations.
Article 94 of the Charter of the United Nations contains provisions tohe effect that the parties to disputes undertake to carry out the decisions of the Court. However, none of these instruments contain provisions, which make possible the automatic enforcement against the will of the judgment debtor of a decision, which has been given and which is binding on the parties. Although, all of the judgments and orders in contentious cases, of the Permanent Court of International Justice have been carried out by the states concerned, the present court, International Court of Justice, is credited with many instances of non - compliance with its judgments and orders. The present article highlight the problems of the enforcement of judgments and orders of the International Court of Justice, and analyses the mechanism of the United Nations Charter regarding enforcement of the judgments and orders of the Court.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11377_2378dd646c4334caa8ca4d905360c937.pdf
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مهدی
حدادی
author
text
article
2003
per
Form 19 century with development of man in science and technology, needs of countries to each other is increasing. So one of ways induce states to comply with its international obligations under international law is international boycotts.
Although in some cases powerful states, as U.S.A. to abuse from this means for national interests, but use of boycott as “counter measure” and a kind of sanction from security council is legal.
The effectiveness of boycotts and sanctions in general depends, however, on the objectives pursued, highly dependent on the boycotting states and universal participation in application of the measures.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11378_d5a7160c868ca98ff1ff266524730545.pdf
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حسام الدین
لسانی
author
text
article
2003
per
Minorities such as ethnic, religious and linguistic are realities that have existed in most of the countries from last centuries. But the attention to the rights of this minorities starts just from first years of 20t1i century. Because before this time, the law of minorities was in the field of political issues and it was in exclusive independence of states.
Of course it is necessary to say that after United Nations, the law of minorities has been developed. The law of equality between majorities and minorities, the law of enjoyment from healthful environment, the law of enjoyment from eduction with minorities characters and etc are some of important rights of minorities. Moreover every kind of minorities has special law just for themselves. It means linguistic have some special rights that religious minorities don’t have them.
Nowaday attention to National minorities and rights is very important.
The role of league of Nations for implementation the law of minorities has been very complete in that time. This role has been changed and developed in United Nations times.
Of cours the role of European Union for protection of minorities in unbeatable and imitation from this method can guarantee law of minorities.
Private Law
University of Tehran
2008-840X
1
v.
3
no.
2003
https://jolt.ut.ac.ir/article_11379_06c40015970909eea76903a574535208.pdf