List of Articles Lawyer

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  1 - Reviewing Mandatory Divorce and Minor Divorce from Jurisprudence-Legal Viewpoint
  Hakimeh Sadat Mehdizadeh Hossein Namazifar Mostafa Ameri Siahvoei
  From long ago divorce has been accepted in laws and cultures with certain limits and constraints. Also in Islam divorce has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are deri More

  From long ago divorce has been accepted in laws and cultures with certain limits and constraints. Also in Islam divorce has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are derived from religious orders has not been ignored on the matter of divorce and includes those orders derives from jurisprudence scripts, although we sometimes observe silence and legal gaps or ambiguity in legal acts and this fact is seen throughout some cases of divorce, including mandatory divorce and minor divorce which their nature and orders have been clearly described, but the law has kept silence on determining its origin and type. For that matter and to solve problems and commentary on legal acts on this subject, reviewing from jurisprudence way and its implementation to the low has been a big help and has short its similarities and differences. This article has been edited for that purpose and acknowledges mandatory divorce as revocable and minor divorce as irrevocable. Manuscript profile
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  2 - Reinvistigating the Validity of the Unit Notice Using Wise Men Citation Method
  Maryam Aqaei Bajestani Mohammad Rohani Moghadam Zahra Trahomi
  10.22034/ijrj.2018.538447
       Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more More

       Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more important. Referring to the arguments of the Arbaa reasons as well as the methods of wise men, the scholars of the principles have argued against the theory that does not fully consider the unit notice as valid and as the trigger of notice and practice. Meanwhile, some have fully understood the implication of the verses on this issue and faced the challenges of method of wise men with the drawback of retribution by the lawyer. On the other hand, some have considered the method of the wise men as the only reason for the validity of the unit notice, and by attaching related narratives as validity from the lawyer have tried to prove the authority of unit notice. Some others, while accepting the implications of the verse of Al-Naba Surah, have considered the method of wise men as one of the reasons for the authority of the unit notice. In this paper, we will examine the integrity of the rationale for the validity of the unit notice through examining the principles and searching for the status of the wise men in proving the authority of the unit notice.   Manuscript profile
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  3 - Sociological analysis of lawyer's defense immunity in Iranian law
  Abdul Ali Kodabakhshi karim salehi Mahdi Dehshiri
  Defense immunity of lawyers as one of the most important pillars of the Iranian judicial structure includes guarantees related to defense in the constitution. The institution of advocacy also plays a role as one of the fundamental rays of normal proceedings in the judic More

  Defense immunity of lawyers as one of the most important pillars of the Iranian judicial structure includes guarantees related to defense in the constitution. The institution of advocacy also plays a role as one of the fundamental rays of normal proceedings in the judiciary. Therefore, this study was conducted with the aim of sociological analysis of the defense immunity of a lawyer in Iranian criminal law by descriptive documentary method. For theoretical literature, the views of Parsons, the Legislature, Durkheim's oversight, Habermas Civil Society, Marshall Civil Law, Bourdieu Institutional Trust, Kant & Rawls Justice, Popper, Berlin, and Sartre have been used. Documentary findings from the analysis of existing texts have shown that the defense immunity of lawyers in two main areas of sociology and law has been examined. In the sociological field, the findings show that the categories of rule of law, oversight, public sphere, civil society and institutional trust with social and theoretical mechanisms have led to the defense immunity of lawyers and government institutions using the separation of powers and creating free space in the development of individual freedoms And civil can create grounds for increasing legal powers to enhance the defense immunity of lawyers. In the legal sector, the lawyer is in a position to defend the respect and security of judicial employees, and in this way, with the strategies of the principle of dignity, protection of rights, realization of rights along with increasing oversight and guaranteeing judicial authority, defense immunity is achieved. Manuscript profile
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  4 - The responsible behavior of lawyers in Iran's legal system
  farideh Asgari mostafa namdar pourbengar
  One of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and More

  One of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and areas of civil responsibility of a lawyer. Assuming that the fault is realized by the lawyer and its compensation through the mechanism of civil liability, the discussion of how to compensate, the amount and type of compensation and the person responsible for compensation, etc., arises. Some of these challenges can be answered by referring to the civil liability law of 1339, but the answer to some others requires a comprehensive law in this area so that in case of violation of the client's rights, the lawyers are responsible and required to compensate the damages. The main research question is what is the basis of the civil responsibility of the lawyer. In answer to this question, it can be said that the basis of responsibility in this field is the theory of fault. Therefore, in the light of referring to the general law of civil liability, we can expect compensation for the damage caused by the lawyer's civil liability by writing a comprehensive law, with a comparative approach to the laws of other leading countries in this field, as well as applying self-regulation rules. Manuscript profile
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  5 - The rights of the accused and the invalidity of the preliminary investigation; Challenges and requirements (in the Code of Criminal Procedure adopted in 1392 and subsequent amendments)
  masoud Fadaei Dehcheshmeh Asal Azemeyan sajad jahanbaziGojani
  Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the def More

  Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile