Journal of Law and Politics: 4 (22)

Open Access Article

1 - Frustrated Marriages and Its Juridical Basis (as getting marriage with confidentials and non-muslims)
Hosein Anguraj Taghavi Parinaz Pasdar heer

One of the most important issues between the nations, specially the muslims, is the marriage between the persons and correctness of its basis. In Islam, some of marriages are not correct in view of the religion and the tradition as getting marriage with confidentials an More

One of the most important issues between the nations, specially the muslims, is the marriage between the persons and correctness of its basis. In Islam, some of marriages are not correct in view of the religion and the tradition as getting marriage with confidentials and non-muslims. This article is going to investigate frustrated marriages in point of jurisprudence and statute precicely and in the end we obtained important result as: the basis of invalid marriages are Quranic verses and traditions of prophet and his household in the other hand, the tradition and religion prohibited marriages with confidentials. Marriage of muslim with non-muslim is in twe manner: marriafe of muslim woman with non-muslim man is forbidden adsolutely. But marriage of muslim man with non-muslim bible mate woman, is correct and with non-muslim woman without written bible is forbidden. Manuscript profile

Open Access Article

2 - Assignment of Receivables in Securitization Transactions (A comparative study on the law of France and Iran)
Jafar Jamali

Assignment of receivables is the core of securitization transactions. For the purpose of securitization, receivables must be “transferable” and “eligible” for securitization. According to French Civil Code (and other European classic laws) assign More

Assignment of receivables is the core of securitization transactions. For the purpose of securitization, receivables must be “transferable” and “eligible” for securitization. According to French Civil Code (and other European classic laws) assignment of receivables is effectual only when satisfies the legal terms and condition expressed in law. These legal systems require that an express notice must be given to debtor, or the assignment should be made with the consent of the debtor. These terms (especially an express notice to debtor) are not rationale and practical for securitization transactions. So, modern instruments and solutions designed and adopted to comply with the necessities of securitization. “Bordereau de Dailly” for “Mobilisation des créance” and “Bordereau de cession” for securitization transaction are main illustrations for those reforms. Fortunately, in the Iranian Civil Code the debtor consent or an express notice to him/her does not require. Despite this convenience, another problem exists for assignment of receivables: because of article 292 of Iranian Civil Code way of expression, one may understand that the effect of assignment and novation in our subject is the same. Some interpretations in the doctrine has cleared the subject and moved this confusing situation. But still it is necessary for Iranian legislator to meet the financial and money market needs; Iranian financial market needs securitization law. Key words: securitization, Bordereau de Dailly, assignment of receivables, collaterals attached to receivables, assignment of future flow.   Manuscript profile

Open Access Article

3 - Compensation of Environmental Damages in the View of Civil Law
Flora Heidari Naser Ghasemi

That men need to enjoy the environment health and appropriate and desirable environmental scope in all respects so as to maintain their lives has been long construed by national, transnational and international rules and regulations as one of the undeniable and indisput More

That men need to enjoy the environment health and appropriate and desirable environmental scope in all respects so as to maintain their lives has been long construed by national, transnational and international rules and regulations as one of the undeniable and indisputable social and life rights. Civil law is one of the criteria, which underline the necessity of responsibility of conservation of the environment. If men look for the healthy environment, they should then look for techniques that guarantee prevention and Compensation of damages to the environment that undoubtedly, the enjoyment of legal techniques, in general, and the exertion of civil liability, in particular, should be underlined. The acceptance of the civil liability arising from the damages caused to the environment and its various aspects and components as well as the obligation of the perpetrators of such damages to compensate them are deemed as one of the effective legal and supportive actions for this common legacy of the humanity. And with the damage elements being realized, one  may demand the compensation of the damages to the environment of their perpetrators through a civil action in addition to the existence of criminal liability. And finally, with this liability and its obligations being accepted, future damages to the environment may be remarkably prevented. Manuscript profile

Open Access Article

4 - Judicial Administration of Contract With Inference in Determination of Contractual Obligations on the Basis of Justice and Equity, or Individual and Collective Expediency
Sohrab Samankan

Some part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present stud More

Some part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present study, mainly on the basis of logic and philosophy of low- economic analysis of law- or through theoretical study of contracts indicates that private judicial evolutions and requirements requires other visions from the accustomed principles and concepts. And now, some standards should be found in the arena of contracts laws to adjust individual's private relationships fairly. Such a view toward contracts laws brings about dynamism of laws, correct coherence of judicial legislative policy and also fulfillment of supreme goal of low, that is, establishment of justice. Determining the domain of commitments is not a new phenomenon. What has become important is the possibility of involuntary determination, especially judicial determination of domain of commitment, which can terminate contractual conflict on the basis of fair will of contracting parties or through expediency. Manuscript profile

Open Access Article

5 - Legitimacy of Enforcement of Unilateral Economic Sanctions in International Law: Guarantor of International Law or National Policy Means?
Ehsan Javid

As a non-organized legal system, international law has been based on decentralized sanction regime. By virtue of this fact, in many cases, states have resorted to unilateral acts particularly unilateral economic sanctions as an aspect of self-help in international law. More

As a non-organized legal system, international law has been based on decentralized sanction regime. By virtue of this fact, in many cases, states have resorted to unilateral acts particularly unilateral economic sanctions as an aspect of self-help in international law. Economic sanctions have become integral features of many states’ regulatory systems and can take the form of trade embargoes, export controls, and restrictions on financing, investment and state aid. However, they have attracted a great deal of attention in recent years because of their increased use and the substantial economic and social costs they impose on targeted countries, businesses and individuals. The most problematic issue in this respect is about their legitimacy and coincidence with international norms especially international human rights law. It is said that they impose immense humanitarian costs on the civilian populations of targeted countries. Therefore, their grave humanitarian and human rights effects and consequences give rise to international responsibility of sanctioning states. Manuscript profile

Open Access Article

6 - Elaboration of Countractual Factors of Disputs Arising out of Domain Name
Parviz Savrai Fatemeh Pourmasjedian

The different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual wor More

The different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual world. In today’s world, which tendency is to eliminate or limit traditional communication methods, responding to legal issues related to domain names, for example disputes related to registration or usage with bad faith of domain names similar or equal to other’s trademarks, is inevitable.  The main question is, what are the limits of relevant legal laws, in our existed rules and regulations for domain registration contract or transfer of it? In this regarded s of course the regulations of transnational, and following intern network, and finally the legal centre of domain name should be considered. On the top of the issues of related applicable rules, if there are needs to govern new rules then, what are the structure of those rules could be? This thesis is trying to focus on domain name subjects and answer to related questions which are due to lake of relevant laws and procedural rules are faced with ambiguities the results of this research about legal nature of the domain name approved that the domain name actually is on of the types of intellectual properties considering the following notes: - The function of domain name is purely used in cyberspace. - The main goal of users in first step is to have access to their desired information networks in order to receive political social, cultural, economical, commercial, and trade information for their different purposes. - The judgement from judicial authority could be enforced for registration of domain name or cancellation and transfer of it, subject to not exported out conflict judgment from international arbitration centres. - The owner of domain name, subject to observe rules and regulation, should be supported by laws.   Manuscript profile

XML

List of Articles