First Pages
text
article
2019
per
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2019
1
5
https://jcl.ut.ac.ir/article_71682_236508689e4017138df75625deb00047.pdf
dx.doi.org/10.22059/jcl.2019.71682
«A Comparative study on the principle of immutability of litigation in Iranian and American law»
Mostafa
Elsan
Assistant professor of Private Law of , Faculty of Law, Shahid Beheshti University.
author
nasibeh
mahmoodi
Shahid beheshti university
author
text
article
2018
per
Abstract Based on«the principle of immutability of litigation», although parties to the dispute have dominance on the thematic elements of legal claim, but also when the petition was set by the plaintiff, all of wanted things must be stipulated clearly in the offered petition by lawful condition observance, and also the defendant has defense right, under this required framework. After the trial begins, next changes have limitations which are followed in whole trial. The purpose of this principle is showing that although parties have free hearing right and defense right, but also based on the necessity of legal defense, discipline in the trial and speedy judgment consideration, they are limited on the principle of immutability of litigation. This study tries to specify position of this principle in the Iranian civil procedure and American Federal law(Federal rules of Civil procedure), basics of the principle and identify its exceptions for its better execution.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
473
491
https://jcl.ut.ac.ir/article_69822_201e06f92a02b526b599c309d1d35ee2.pdf
dx.doi.org/10.22059/jcl.2018.245146.633573
: Comparative study of the status of the institution of the execution of sentences in the penal system of Iran, France and England
mehdi
amiri
Islamic Azad University Qeshm Branch
author
ahmad
Ramezani
ر
author
Iraj
Goldouzian
Phd
author
sohrab
salahi
Emam hossin university
author
text
article
2018
per
One of the most important stages in the criminal process is the implementation of the sentences, and the result of a high and progressive prosecution of crimes is highlighted. Because, on the one hand, the efforts of all the activists of the criminal justice system were fulfilled and they did not survive, and on the other hand, through the implementation of the guarantees of criminal proceedings, the basic objectives of punishment, namely, the deterrence, reformation and rehabilitation of the prisoners, and thus the right to benefit the community and the victim of the investigator It turns out. In French law, the execution of a criminal conviction is also considered a judicial phase in which the judge and the enforcement court can modify the sentences imposed on the sentenced person by changing the behavior of the sentenced person without referral to the court issuing the sentence. In the English Penal System, the judiciary institution is not individually predicted to execute sentences, but is differentiated by different institutions outside the judicial system, under the supervision of the Interior Ministry, to enforce the sentences and to adapt them to the convicted person; however, in some cases, the issuing court It can make a modification or reduction in the initial order. This is despite the fact that in Iran's criminal justice system, the judge has more executive and supervisory functions and prosecutors are employed in an administrative capacity. However, it seems that judicializing the institution of execution of judgments and creating indigenous changes in proportion to the size of the cases can lead to ensuring that the execution of sentences is proportionate and individualized with the convicted person.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
493
519
https://jcl.ut.ac.ir/article_69823_bd2b4f94551f78db95d848c6fc2efe1b.pdf
dx.doi.org/10.22059/jcl.2017.243924.633561
The impact of Article 986 Civil Code of Iran on the contractual dispute settlement clauses in the current judiciary order; solutions from comparative study
Mohsen
Ahali Abade
Associate researcher at comparative law institute (university of tehran)
author
Seyed Mohammad
Tabatabaei Nejad
Teacher assistance of faculty of law, university of tehran
author
text
article
2018
per
In the following article,three common scenarios of private international law pertaining to Article 968 civil Code of Iran,involving Iranian courts and proceedings,have been particularly discussed by means of comparative study.The first scenario involves "forum selection clause",in which contracting parties have chosen to bring their disputes before a foreign court. The second scenario is related to "choice of law clause”,in which the applicable law is decided to be a foreign law by the parties.The third scenario is relevant to a contract including an arbitration clause with the content of dispute resolution. Such an arbitration clause, emphasizes on the fact that any dispute shall be resolved by the chosen arbitration center and under its rules and regulations. In current scenario, the applicable law, which has brought controversy and contentious on hearings,proceedings and judgments, has not been determined in contract.Hence this article seeks to recommend the Iranian private international law system a few solutions under the auspices of comparative law and legal doctrines.At the end,this article might be of use for readers in order to make them familiar with the application of above mentioned scenarios in Iranian ordinary course of proceedings.It may also help them to come up with practical solutions in similar or identical situations.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
521
543
https://jcl.ut.ac.ir/article_69824_9c2a24f304653db5a1ccc1d557cd68c6.pdf
dx.doi.org/10.22059/jcl.2018.242749.633553
The Law Governing Arbitrability
Mohammad Ali
Bahmaei
Law Faculty, Shahid Beheshti University of Tehran
author
Hosna
Sheikh Attar
کارشناس ارشد حقوق تجارت بینالملل دانشگاه شهید بهشتی
author
text
article
2018
per
The non-arbitrability of the subject matter of a dispute may arise at various points in the procedure: from the outset until the recognition and enforcement stage. Since this issue might be raised at different stages of the procedure and before different fora, it is essential to examine what law should govern the issue of arbitrability. The determination of the law applicable to objective arbitrability depends, in the first place, on whether it is decided by an arbitral tribunal, by a state court to which one of the parties has concurrently submitted the dispute or in the course of a setting-aside or enforcement procedure. While different opinions exist on the applicable law at each of these stages, many commentators have expressed a preference for applying the lex loci arbitri by the arbitral tribunal and lex fori by state courts. The aim of this paper is to review different approaches toward the applicable law on arbitrability and to demonstrate how the strict application of lex loci arbitri and lex fori may result in drawbacks. Having in mind that the rationale behind arbitrability doctrine is to protect exclusive jurisdiction of national courts in certain areas, the lex loci arbitri and lex fori would only be relevant to the extent that the exclusive jurisdiction of the national courts of the lex loci arbitri or lex fori is at stake.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
545
570
https://jcl.ut.ac.ir/article_69825_8f64cf990cb2996e5dfab95c4001507a.pdf
dx.doi.org/10.22059/jcl.2018.237115.633522
Comparative Study of Application of Fundamental Human Rights in Private Law
Morteza
Hajipour
استادیار دانشگاه شهید مدنی آذربایجان
author
text
article
2018
per
The debate about the fundamental human rights now has been challenged the classic separation of public and private law. Although most countries have rejected this separation, but there is no consensus about the way and the model ofapplication of fundamental human rights on private law. It means that every legal system depending on its special structure, has a different view about the effect of fundamental human rights on private law. By implementing a descriptive-analyzing method of research, this study aims to analyze the basis and the goals of resorting to fundamental right in private law andshow the impact of this kind of law in the contract, tort and property law. Subsequently, the status of the subject in the Iranian legal system could be represented. Briefly, now it could be mentioned that in the legal systems of the world, especially in Europe, the effects of fundamental human rights on private law has been definitively accepted and a little remaining disagreement is only about the manner of such an effect. However, in Iranian legal system, because of the lack of constitutional court and reluctance of conventional courts in referencing to these kind of rights to interpret private relations, have caused an ambiguity in qualification and scope of fundamental human rights. But in spite of this fact, it seems that the structure of Iranian legal system has the required capacity to accept the theory of indirect impact of fundamental human rights on private law.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
571
594
https://jcl.ut.ac.ir/article_69826_99ca088a37bb00460859f3a83e590164.pdf
dx.doi.org/10.22059/jcl.2018.252355.633631
Bailment in Common law and comparative study in Iran
Mohammad Hadi
Daraei
Assistant Professor, Judicial Sciences and Administrative Services University
author
text
article
2018
per
Bailment, as a special legal concept in common law, has many controversies over its place, boundary, rule and effects. it has some resemblance to “Yade amani” (Custodial possession) in Islamic law. Most of these similarities are in their items but there are lots of differences in effects. But unfortunately it translated in Persian-English Dictionaries mistakenly as deposit contract or other concepts. This mistake translation could drive to other big errors in legal concepts. So working on this issue needs concentration on concepts, rules, effects and objects. In common law, bailment sphere is becoming to some extent that arouse criticism of some Common law jurists. Consequence of this extensiveness is ambiguity in coverage. But common law courts accepted it and consider it as a source of obligation besides contract and tort. In Islamic law, “Yade amani” is not a source of obligation but is a description for possession of possessor which sometimes neglectfully becomes description for contract.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
595
617
https://jcl.ut.ac.ir/article_69827_901866c916aefa015d1761db839979d9.pdf
dx.doi.org/10.22059/jcl.2018.242970.633556
Study the Separability of arbitration clause in Iranian and American law
Maziar
Rastbod
Rasht -guilan department of justice-marine force S-prosecutors office of province
author
Ebadollah
Rostami
دانشیار گروه حقوق خصوصی دانشکدۀ ادبیات و علوم انسانی دانشگاه گیلان
author
text
article
2018
per
AbstractAccording to the existing traditional and dominant view, clauses are dependent on contract. They are subordinate and peripheral and that is why clauses would be also dissolved with the invalidity of the contract. Depends on the arbitration choice, the compromise of the parties can be achieved in two ways. In one hypothesis, parties can refer their dispute, as a separate contract, to the tribunal. In the other one, according to the stipulation, parties can refer their current or future disputes to the arbitration. In the last case, the party who intends to hold up and object to the competence of the tribunal, may claim unreliability of the arbitration clause so that the tribunal is not formed. One of the common ways to achieve this, could be the claim that the major contract that the arbitration clause is implied in, is void or dissolved. And so, the party claims that the arbitration clause of such contract is invalid due to invalidity of the major contract. To obviate this, the principle of the independence of arbitration clause has been accepted in the rights of many countries and its primary purpose is to nullify the invalidity of the major contract on the stipulation arbitration clause. So it`s determined that the acceptance or rejection of the aforementioned theory has great impacts. The aforementioned principle was considered by the rights of many countries as well as the international important documents. In the rights of international commercial arbitration, legislator explicitly has referred to the independence arbitration clause. Keywords: Arbitration agreement, competence-to-competence, Independent clauses, Separability of arbitration clause arbitration clause.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
619
638
https://jcl.ut.ac.ir/article_69828_7219c16483be75a8ea7c2278d7a7ff3f.pdf
dx.doi.org/10.22059/jcl.2018.241826.633544
Legal Mechanism of activating the capacity of whistleblowers, with comparative study of Iran and America”
Vali
Rostami
Public law Departement, Faculty of law and political science, University of Tehran, Tehran, Iran.
author
Mohammad reza
Ghasemi
public law, law faculty, Imam sadeq university, Tehran, Iran
author
text
article
2018
per
In all of the legal systems, the corruption is one of the agents that disorder doing public services and prevent expression of the government's efficiency. The legal systems are looking for the effective mechanisms for struggling against the various cases of corruption. One of the most important issues about struggling against the corruption, is the initial detection of that. The most minimalistic mechanisms for initial detection of the corruption in order to have effective confronting with that, are the supervisory organizations and institutions. All of the countries have enjoyed the concentrated supervisory institutions; But the practical procedure of the ones that have been successful in struggling against the corruption, shows that enjoying just the concentrated supervisory and not the capacity of crowdsourcing and the decentralized and popular institution, will not have the ideal result. In this regard, they have organized an appropriate ground in their legislative system, for persuading the people effectively for reporting the infringements by considering the protection and encouragement for the people who report. This article is endeavoring for paying attention to this foundational question that how it is possible to provide an appropriate ground for persuading the people for reporting? The writers of this article in response to this question, by descriptive-analytical method, have had a comparative study about the legislative system of United State of America and along with introducing institution of whistleblowers, representing different protecting and encouraging mechanism in order to acticvate the capacity of whistleblowers as their findings.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
639
659
https://jcl.ut.ac.ir/article_69829_030b6418a317539318e9cf9c1a4fe9fd.pdf
dx.doi.org/10.22059/jcl.2018.244466.633569
The Comparative Study of Restorative Practices in Schools: a Manifestation of Restorative Justice
Soodabeh
Rezvani
Shahid Beheshti University
author
Rouheddin
Kordalivand
استادیار
author
text
article
2018
per
Students from different cultures and families develop sociability at school to enter a bigger society. Thus, the occurrence of conflicts among them, which can result in committing crimes at times, is inevitable. In addition, physical and psychological changes special to the teenage years at high schools and middle schools can affect the occurrence of traumatic behaviors such as bullying, different kinds of violent behaviors against other students or even teachers, damage to property, assault and battery, drug taking and theft. Therefore, restorative justice trainings at schools through holding peace circles, like Circle, training courses for students and teachers for solving conflicts and peer mediation can play a great role in resolving disagreements peacefully and preventing deviations and delinquencies from becoming chronic. It should be noted that the writers, using oral data obtained through a series of problem-solving interviews with advisers, students, parents, and activists in this field, and observation in a qualitative manner and a sample of the research to which It will also highlight the status of Iranian school and countries like France. Also, to have an accurate perception of the mediation plans in some schools, the procedures in two elementary schools in Tehran, in which the “Zang-e Dayereh” (The Hour of the Circle) and “Solhban” (Peacekeeper) programs were run, were observed and the findings were described and analyzed using qualitative method.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
661
683
https://jcl.ut.ac.ir/article_69830_66b5fdb6b45317215b0ffe3bd88af5fa.pdf
dx.doi.org/10.22059/jcl.2018.251909.633627
The most important practical challenges to dealing directly to some of the crimes in the court instead of the prosecution institution in the present criminal law of Iran
Hojatollah
Saeedi Abooeshaqi
Criminal law and criminology of Azad university from Khorasgan
author
Hassan
poorbafrani
Law, Esfahan University
author
text
article
2018
per
Abstract: Although the Code of Criminal procedure 1392 with the last reforming was adopted in 1394٫ with this purpose which to overcome defects of the previous rules of criminal procedure in Iran and better realize the criminal justice٫ but this law (code) although٫ it has advantages it has created challenges that give rise to a different comments among lawyers and in the other words caused confusion judges٫ solicitors and lawyers since in this essay with the topic “The most important practical challenges to dealing directly to some of the crimes in the the court instead of the prosecution institution in the present criminal law of Iran” it will be considered about three important formats, which is mentioned in the main title about challenges of the subjective jurisdiction of the prosecuting authority in the crimes involves the direct trial of the court, Is he/she the prosecutor or the master of justice? It is also explained in the conclusion that if the referral of such a matter to the prosecution, Should be interrogator inappropriate, or send it to the court without issuance of the ineligibility of the case? And, Does the prosecution have the right to dispute with the court? And finally it has been also presented strategies which will be hoped these strategies will result in better implementation of the law or at least in the next reforms of law can be effective.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
685
707
https://jcl.ut.ac.ir/article_69831_b430701c223cc88d8f479eb03cb5e8bf.pdf
dx.doi.org/10.22059/jcl.2018.262331.633701
Election of mayor in Iranian and French legal systems
Faramarz
Atrian
استادیار گروه حقوق، واحد نجفآباد، دانشگاه آزاد اسلامی، نجفآباد، ایران
author
Saeid
Khani Valizadeh
دانشآموختۀ دکتری حقوق عمومی، دانشگاه پاریس یک، پانتئون- سوربن فرانسه، مدرس دانشگاه
author
text
article
2018
per
The decentralized institutions have a considerable place in the realization of the principles of democracy, so that if there are necessary conditions, including their independence from the central government, one can hope to use them sufficiently In order to fulfill democratic criteria, including participation and control. Moreover, their formation without the necessary qualities can be merely a political show. The way of selecting the mayor is one of the issues that has a significant impact on the fulfillment of the necessary criteria in the decentralized institution such as the municipality. Therefore, its conditions of eligibility and the administrative procedure must be precisely determined. This article aims to find out the common and different points in selecting a mayor in the Iranian and French legal systems in order to find out their weaknesses or strengths, which has been done through library studies and descriptive-analytic methods. The result of this study is that the government's Intervention in the selection of mayor in Iranian legal system is far more than France. Regarding the conditions of eligibility of the mayor, the French legal system has chosen the conditions more restricted and concrete, while the situation in Iran is much more detailed and complex. It seems that in France, meritocracy has been pursued in ways such as partyisme and in Iran, through the establishment of multiple conditions for the post of mayor.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
709
731
https://jcl.ut.ac.ir/article_69832_1fd9b5f6fe5bccfd8d641bf42ed035bb.pdf
dx.doi.org/10.22059/jcl.2018.248698.633602
Dumping in Iran's legal system and the WTO
Amirabbas
Alaedini
University lecturer
author
text
article
2018
per
One of the important purposes of international trade is creating an environment based on healthy competition. Therefore, using its agreements, the world trade organisation tries to confront the anti-competitive procedures. One of these procedures is known as dumping which is compiled as anti-dumping rules in the organisation. On the other hand, Iran's regulations which are ratified in the general policies of the 44th principle of the constitution bans dumping. Since the Iran accession to Word Trade Organization (WTO) has been under consideration for many years, explaining the legal system of dumping in Iran and WTO is necessary not only to identify the rules and eligible references for handling the breaking of the rules in Iran's law, but also to regard the matching condition in the mentioned organization and the importance of matching internal regulations with that of the organization to know whether the differences are obstacles for Iran accession or not.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
733
753
https://jcl.ut.ac.ir/article_69833_f650b313bc413e7a6616435a4c930984.pdf
dx.doi.org/10.22059/jcl.2019.272172.633770
The comparative Study of the Deprive Liberty of Suspect in Iran and Afghanistan Law by Emphasis of The International Covenant on Civil and Political Rights.
Mohammad Javad
Fathi
دانشیار دانشکدۀ حقوق- پردیس فارابی دانشگاه تهران
author
Mahdi
Sheidaeian
استادیار گروه حقوق جزا و جرمشناسی دانشکدة حقوق، پردیس فارابی دانشگاه تهران
author
Zaker Hussain
Rezaiy
Criminal law and criminology- faculty of law- pardis farabi-tehran university-qom-iran
author
text
article
2018
per
The Personal liberty Right is not an absolute Rights. The ICCPR and The Iran and Afghanistan Law’s are Recognized Liberty as a Principle throughout of the Criminal Proceedings. and Ruled to Deprive of Liberty is and Exception as the Last Resort by According Law Unless the Period of Time should be Appropriate Short and with Sufficient Guarantee. As Article 9 of the ICCPR permitted the Deprive Liberty of Suspect by Law. Human Rights Committee(HRC) are Required Member States to Obey the International Fair Trial Standards. The Afghan Legal System Considered; Suspect the Person who is in the Authority of Law Enforcement Officers and The Legla Conditions of Deprivetion Liberty In Afghanistan Criminal Procedure Code has been Limited to Important Evdent Crimes. But In Iran legal System that Person Considered Accused and Law Enforcement Officers have Authority to Deprived the Accused Librty in the Police Detintion Center for a Maximum of 24 Hours into Evident and non-Obvious Crimes, whether Impotant or not Important.While According to the International Fair Trial Standard, For minor Cases the Law Enforcement Officers may impose suitable Non-Custodial Measures, as Appropriate.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
755
778
https://jcl.ut.ac.ir/article_69834_a170192b3060dcf900b8e65a861a87b5.pdf
dx.doi.org/10.22059/jcl.2018.257601.633666
The Criterias and Principles of Security Preferring on Rights and Freedoms with Study on U.S. Supreme Court Precedent
Hasan
Lotfi
Assistant Professor Public Law, University of Judicial Sciences and Administrative Services
author
ali
sohrablu
Ph.D student of public law, university of Tehran, Tehran, Iran
author
text
article
2018
per
In administration of society, the confrontation between security and order with rights and freedoms is possible and it raises this question that what can be the solution for these conditions? It seems in this circumstances, The only option is to prefer security and order to the rights and freedoms and restrict them to achieve new and desirable balance. But, without a doubt, we can not issue a ruling of preferring security on rights and freedoms without the determination of criteria and principles in this regard. The subject of this article was to examine this issue in the U. S. Supreme Court's precedent. Ours finding shows the achievement to the “true threat to violence” and study of that in light of “definite threats” and “necessity” and adopt them as criteria for preferring security and order on rights and freedoms in U. S. Supreme Court precedent and governing of this principles: A) Rule of Law, B) Protecting a fair trial, C) Reasonableness of restrictions, D) Non-discrimination in the stage of decision-making and before preferring security and order on rights and freedoms and “Judicial Review” after make a decision on preferring security.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
779
804
https://jcl.ut.ac.ir/article_69835_b0bd65403503403d3ff6c63cfd196c6d.pdf
dx.doi.org/10.22059/jcl.2018.255571.633653
Extraterritorial Jurisdiction based on Effects Doctrine in International Law
Mohsen
Mohebbi
Head of Department of Public & int'l Law, Faculty of law, Science and Researches Unit Tehran, Azad University
author
abdolhossein
safaee
islamic azad university
author
text
article
2018
per
The United States has resorted to the “secondary sanctions” via extraterritorial application of domestic laws, measures and executive orders with extraterritorial effects. In the present research, the US unilateral measures in extraterritorial application of its domestic laws in the light of “Principles and rules of public international law’ “the performance of the States has been analyzed. According to the research findings, the unilateral actions of the US in exercising the extraterritorial jurisdiction of its domestic laws has faced two main criticisms, First; this country has violated the fundamental principles of the international law and neglected the international obligations through the imposing the domestic laws and by issuing the executive orders with extraterritorial effects. Second; the US has illegally developed its legal power beyond its geographical and jurisdictional domain via abusing its power of sovereignty as the world police. KEYWORDS: Extraterritorial Jurisdiction, the US Unilateralism, Principles and Rules of International Law, the US Judicial Procedure
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
805
828
https://jcl.ut.ac.ir/article_69836_3d466652e3582a7b9937d387b6e957dd.pdf
dx.doi.org/10.22059/jcl.2018.256382.633660
Human Rights Obligations and Transnational Corporations with Emphasis on Human Rights Council Approach
s.hadi
mahmoody
shahid beheshti university
author
mansoreh
seddiqian kashani
shahid beheshti university
author
text
article
2018
per
Transnational Corporations (TCs) are one of the principal participants in the political, social and economic contemporary world. These corporations have put out desire and appropriate achievements, as well as harmful disorders in human rights domains. The latter has led to the disputed problematique in international law. Have TCs any human rights obligations? In response to this question, two main approaches have formed: The first is the ethical approach which argues that human rights as a priori fundamental ethical obligations are assignable to all entities including TCs. The second is institutional approach which says human rights are those rights that have listed in Human Rights Declaration and subsequent international instruments and contemplates that states are principal duty bearers towards human rights obligations. According to the recent approach, the lack of direct assignment of human rights obligations to TCs is a more appropriate way to protect these rights. This article examines both approaches as well as attention to the documents of the Human Rights Council which has produced many documents in this respect and concludes although TCs have human rights obligations but still the States are being considered direct duty bearers towards human rights obligations.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
829
849
https://jcl.ut.ac.ir/article_69837_74c37ef3d15f427ce85839f0c5d56693.pdf
dx.doi.org/10.22059/jcl.2018.268894.633749
A Comparative View on the Parent's Civil Liability Foundation for the Losses Occurred by Children; Is There any Necessity to Reform?
Hamid
Miri
Gonbad Qavous University
author
Mostafa
Mohaghegh Damad
Shahid Beheshti University, Law Faculty
author
text
article
2018
per
In Iranian and England legal system parent liability is based on fault. Although it is true for Egyptian system but the different point between them is that there is fault presumption in the later. In France, in the late twentieth century, parental liability foundation changed to strict liability. The strict liability is a common rule in the most states of USA too. The risks created by taking the parental role and guaranteeing the loss occurred by victims are the most important reasons if we want to justify the strict liability. Beside it, more and more applying distributive justice to civil liability emphasizes on loss distribution and strict liability. It is, however hard to accept distributive view as to civil liability so that it enables us to apply the strict liability. Our judges have no authority to change the liability foundation and thus, in the fault liability territory, regarding there is no need for emphasizing on risks arising out parental role, fault presumption is an appropriate way to make easy the burden of proof issue.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
851
878
https://jcl.ut.ac.ir/article_69838_cc7825fc00f6992c5c6db2d5bd2f61e2.pdf
dx.doi.org/10.22059/jcl.2018.250654.633615
Sender's liability arising from the road transportation of dangerous goods in Iranian law and the European Union
Seyyedeh Farzaneh
Yousefi
M.A. Student of Private Law, Department of Law, Faculty of Law & Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran
author
Saeed
Mohseni
Associate Professor, Department of Law, Faculty of Law & Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran
author
Sayyed Mohammad Mahdi
Ghaboli Dorafshan
Associate Professor, Department of Law, Faculty of Law & Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran
author
text
article
2018
per
The production of increasingly dangerous goods and expand commercial exchanges is added on dangerous goods transport volume and is caused this type of road transport of goods subject to international conventions to be discussed. Iranian law as well as international developments in addition to join some international conventions, regulations in internal surface for this type of goods is ratified. In the process of dangerous goods transport, the sender is one of the parties to the contract is that the constructive role of transport in transit arrangements. The sender of the goods is in the appropriate position of the safety evaluation for carrying goods and has duties that exacerbated by the specific nature of dangerous goods and span and severity of the damage caused by therefrom and consequently requires heavier responsibility. So in the current with descriptive and analytical methods have been tried, based on domestic and international regulations in addition to specifying the limits and the inclusion of the concept of the dangerous goods, obligations and duties of the sender will be described and while explaining and evaluating the status quo in the Iranian legal system and international instruments in terms of their territory and the basis of liability, The optimal situation to pay analysis.
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
879
900
https://jcl.ut.ac.ir/article_69839_c972799b8bb4f0dce7d5233c36978d74.pdf
dx.doi.org/10.22059/jcl.2018.248822.633607
English Abstracts
text
article
2018
per
Comparative Law Review
University of Tehran
1735-496X
9
v.
2
no.
2018
1
68
https://jcl.ut.ac.ir/article_71681_3345b7ad3cdd49b491718cd4c77fcff8.pdf
dx.doi.org/10.22059/jcl.2018.71681