Journal of Law and Politics: 2 (19)

Open Access Article

1 - Compare mortgage contract deals with right of refund
Rima Amiraghdam Hasan Borji

One of the most important cases should be mentioned are transactions with theright of restitution and their differences with mortgage contracts. This question thatare these contracts in essence vesting possessory rights or security is the one of themost important subjec More

One of the most important cases should be mentioned are transactions with theright of restitution and their differences with mortgage contracts. This question thatare these contracts in essence vesting possessory rights or security is the one of themost important subject. In comparison with mortgage contracts and transactionswith restitution right some topics will be mentioned. Similarities and differences ofthese institutions have been explained. In resulting, although legislator has removedvesting possessory right effect from these contracts but their natures did not changeand because of similarity between these two kinds of contracts, shouldn’t beconsidered equal. Manuscript profile

Open Access Article

2 - The identity of soft threat , dimension and characteristics
Seyed Vahid Aghili Farahnaz Mostafavi

Although software orientation is considered as one of the best tools to provide betterand more national benefits for countries, But researches show that using soft powerby big governments has always been affected by security-strategy considerations, infact, one of disti More

Although software orientation is considered as one of the best tools to provide betterand more national benefits for countries, But researches show that using soft powerby big governments has always been affected by security-strategy considerations, infact, one of distinguished aspects of today world from past world is “importanceincreasing” of soft power of countries and their capability in creating deep, invisibleand gradual changes in belief arrangement, life style, political situations andprospective and social preferences of target audiences, using “ soft threats” . softthreats means the expanded spectrum of actions and social, political and culturalactivities which is used by countries with higher communication technology inorder to impose indirectly their will to the others. The main purpose of this researchis to study the concept of dimension and characteristics of soft threat and softwareapproach in theories and solutions. In this research it has been attempted tointroduce the resources and different levels of threat and soft threat in order tounderstanding it generally, and finally to point the special affairs of soft threat inthese leve. Manuscript profile

Open Access Article

3 - Comparative study give up the goods in Iranian low and 1980 vienna convention on product sales
Hamzeh Iranmanesh parizi

The most important commitment of the seller in the legall systems is the delivery ofthe goods which the buyer contracts and certainly its rules are different.Because of the complications arisen from social and economical associations in theinternational trad stage and w More

The most important commitment of the seller in the legall systems is the delivery ofthe goods which the buyer contracts and certainly its rules are different.Because of the complications arisen from social and economical associations in theinternational trad stage and with due to the monotonousness of the rules whichgovern international sale contract and also the removal of the legall barriers, somedocuments have been approved in the international trade which Vienna conventionin the most important one. This convention has been approved with due to the broadaims inserted in the approved menifestose of the sixth special session of the Generalassembly of United Nations on the stablishment of new universal order in 1980.According to these facts, comparative exiniation of this issue seems essential in thisthesis, I compare the delivry according to the contract between Iranian law and vienaconvention in two parts, in the first part we study the conception of delivery in threesections and eleven chapters, here some issue has difinations, nature and delivery areexamined. According to the contract and with due place, time, quality, quanity ofthe delivery and etc. In the last section of this part, we consider usage and its effecton commercial manner.In the second part we exmine the effect of delivery and non- delivery and sanctionsin three sections and seven chapters and speak about some conceptions as forcemajeure, Hardship, passing of risk, rescission, Indermnity and etc. Manuscript profile

Open Access Article

4 - Doing Justice to the Political.The International Criminal Court in Uganda and Sudan: A Reply to Sarah Nouwen and Wouter Werner
Seyed-abbas Poorhashemi Mahmood Golestani

This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings o More

This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings of the International Criminal Court in terms of Carl Schmitt’s thesis on thepolitical as distinguishing between friend and enemy. My contention is that partiesto a violent/political conflict may try to mobilize the law in their struggle, but thatthe structure of the law itself escapes the logic of the political: law cannotbe‘political’ in the Schmittian sense. The unexpected upshot of this is that Schmitt’snotion of the political may operate as a normative criterion for testing whether legalofficials are still respecting the constraints of their practice. If legal authorities areindeed in the business of defining the enemy of mankind, then they are not doingthis through or with the help of the law. They may simply act against the law. Tosubstantiate this point, the article thinks through the difference betweenconventional and absolute/real enemies and contrasts these notions with thecharacteristics of (international criminal) law. Manuscript profile

Open Access Article

5 - "The Doctrine of Frustration in the English and Iranian law"
Omid Shabani Laya Baradaran

The Doctrine of Frustration is one of the oldest theories which has been considered in the English legal system. It means where there is an extraneous event or change of circumstances so fundamental as to strike at the roof of a contract as a whole and beyond what was c More

The Doctrine of Frustration is one of the oldest theories which has been considered in the English legal system. It means where there is an extraneous event or change of circumstances so fundamental as to strike at the roof of a contract as a whole and beyond what was contemplated by the parties, that contract is considered to be automatically dissolved. Since in the Iranian legal system there is not an expressed theory of such, in this article the authors has endeavored to elaborate its history, meaning, conditions and effects in the English and Iranian legal system.   Manuscript profile

Open Access Article

6 - The legal status of workers with special status
Abolfazl Ranjbari Mehdi Mirzaii

Following Article 190 of the Labor Law which protects some of the worker groupssubjected to double oppression and considers them subject to a separate act, thispaper attempts to explore causes, principles and ways of supporting mentionedgroups. In this regard, we have s More

Following Article 190 of the Labor Law which protects some of the worker groupssubjected to double oppression and considers them subject to a separate act, thispaper attempts to explore causes, principles and ways of supporting mentionedgroups. In this regard, we have studied the legal status of fishermen, transportationstaff (ground, air, marine), workers with phisycal disabilities, household employees,workers in intermittent jobs and the workers whose wage is supplied in whole or inpart by their clients. We have also investigated their status according to internationalstandards, particularly, international labor standards, comparative labor law andlabor lights in Iran. Manuscript profile

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