Dispossession, Conflict of Instrument under Seal and Private Document; Critique of the Judgement No. 9709972993700410, Second Branch of the Legal Court of Rudbar Qasran District of Tehran
Mahmoud
Kazemi
Associate Professor at Law and Political Science Faculty of Tehran University
author
text
article
2020
per
The necessary condition for filing a dispossession lawsuit is the property plaintiff at the time of filing the lawsuit. Assuming that the plaintiff has an instrument under seal, his lawsuit against the unauthorized possessor of the property is accepted, but if he does not have an instrument under seal, there is a great deal of disagreement in the jurisprudence as to whether he can file a foreclosure lawsuit. The prevailing theory is that such a person should accept an dispossession lawsuit. But there is also a difference of opinion as to how to prove ownership in terms of procedure law. While some argue that the plaintiff must first prove his ownership by filing a claim for proof of ownership and then a claim for dispossession. Others believe that he can file a claim for proof of ownership and dispossession in a lawsuit, and the court They take care of both. Even some, who are, of course, in the minority, believe that mere litigation is sufficient, and proof of ownership is a condition of the dispossession lawsuit and it is necessary, and the court must consider it without explicit request of the plaintiff. To issue, this difference of procedure is due to the theoretical difference that has existed for years in the doctrine regarding the meaning of Articles 22, 46, 47 and 48 of the Registration law and has also found its way into the judicial procedure. The legislature, apparently skeptical of an explicit law, had for years considered it expedient to remain silent and leave the courts to their own devices. Ownership of registered property does not require an instrument under seal.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
1
41
https://www.ghazavat.org/article_239523_ad0cb9b54505e844ec0461b95bcf91ff.pdf
The Termination of the Prosecution Decision in Terms of the Validity of the Closed Case; Critique of the Final Decision No. 9709970245700529 Branch 5 of the District 2 Court of Tehran
Gholamhassan
Kooshki
Assistant Professor at Law and Political Science Faculty of Allameh Tabatabai University
author
text
article
2020
per
The validity of a final criminal case is one of the permanent obstacles to prosecuting public litigation. The Code of Criminal Procedure does not specify the conditions for the validity of a final judgement, and in this respect there are differences in judicial procedure. This article reviews one of the suspended prosecution decisions regarding the validity of the seal. The author agrees with the result of the opinion, but disagrees with the principles and arguments used in this agreement. In this decision, five conditions are stated for the validity of the sealed matter, some of which do not seem to be necessary, including unity in the psychological element. Therefore, the three conditions of unity of the subject, the parties and the cause are necessary for the realization of the validity of the final matter. On the other hand, some crimes are indivisible to the plaintiff and the absence of the plaintiff does not violate the validity of the final decision.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
43
61
https://www.ghazavat.org/article_239524_9407423bffa7ad1e2c3bc3ad61098936.pdf
Investigation of the Crime of Fraud; Critique of the Judgement No. 9709972191700001 Branch 1042 of the Criminal Court of the Two Judicial Complexes of Shahid Ghodoosi in Tehran
Abbas
Sheikholeslami
Associate Professor at Law and Political Science Faculty of Mashhad Branch of Islamic Azad University
author
text
article
2020
per
The crime of fraud by defining fraudulent acquisition of property is one of the most important crimes against property. The philosophy and purpose of criminology is to confront natural and legal persons who deceive people by resorting to fraudulent means and thereby robbing people of their property. Therefore, the purpose of criminalizing fraud is not to protect people against simple lies without material and external acts, as well as to guarantee the transactions of the people and to prevent the damages caused to them as a result of the transactions. The esteemed judge of the court paid good attention to this philosophy in the issued lawsuit and by correctly distinguishing the civil trick from the criminal trick (fraud), the defendants acted due to not using the fraud and authenticity of the documents provided in the contract. The absence of deception (albeit the existence of negligence of the victim) as well as the lack of criminal intent in the operation used and the contracts concluded did not recognize fraud. This judgement seems defensible in terms of innocence and the rule of thumb, but in terms of lengthless direction of the text (about 19 pages), arguments outside the subject of the dispute and sometimes incorrect in the realization of the crime, writing errors, non-observance of punctuation rules and Mentioning foreign expressions without justification in the text of the verdict is problematic and is considered one of the weaknesses of the judgement.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
63
84
https://www.ghazavat.org/article_239525_7029c60eee5f0fefd0dcb1c45f02515d.pdf
Reflection on the Legislative Developments of Cyber Pornography; A Comparative Study of National Criminal Law and International Documents
Saleh
Ghaffari Cherati
PhD in Criminal Law and Criminology of Mazandaran University
author
Ismail
Haditabar
Assistant Professor at Law Faculty of Mazandaran University
author
Seyed Ibrahim
Ghodsi
Associate Professor at Law Faculty of Mazandaran University
author
text
article
2020
per
Pornography in cyberspace or computer is defined as the conduct of definitive and conditional blameable behaviors through computer or telecommunication systems. This phenomenon has been criminalized in domestic law as well as in the international arena and various approaches have been taken to it. In domestic law, the legislator has criminalized and punished all instances, forms and forms of computer pornography. In international documents, contrary to domestic law, child pornography is merely criminalized, and other species are considered deviant behavior. Finally, legislative criminal policymakers are advised to conform domestic (national) laws with international (transnational) instruments to merely criminalize and punish child pornography, and to combat these offenders through coercive tools and levers and criminal law. In contrast, combating and preventing other forms of computer pornography by participatory policymakers is accompanied by social responses to use all the tools and levers of policymaking to combat and prevent it.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
85
109
https://www.ghazavat.org/article_239526_6cdfda74e2778a35215e3381af963f2e.pdf
Analysis of the Retrial and Analyzing its Relationship with the Methods of Appealing Against the Judgements
Mohammadreza
Pourghorbani
MA in Private Law of Zanjan Branch of Islamic Azad Universityر
author
Ahmad
Pourebrahim
PhD in Criminal Law and Criminology of Qeshm Branch of Islamic Azad University
author
text
article
2020
per
The resumption of trial or retrial is one of the extraordinary ways in which a person or persons, if there are legitimate grounds, requests from lower court or the Court of Appeal, as the case may be, that review yourself and, if necessary, deviate from it's previous decision. Therefore, a retrial (if the plaintiff's appeal is accepted) is considered a retroactive action and is a way to return to the same court that ruled and in order to deviate from the judgment previously issued by that court and a claim for retrial. It is a mistake. Therefore, as is clear from the concept of retrial, this method of objection to judgments is not in itself a retroactive approach, but is a retroactive approach if accepted by the trial court. So that if the applicant does not consider the reasons for the retrial is not sufficint and does not consider it to be subject to any of the aspects of the retrial, he will objectively confirm the sentence and will not deviate from it. Therefore, the deviant nature of that branch is based on the acceptance of the request and the violation of the sentence, not just the request for retrial. Retrial is possible only in accordance with court judgements and it will not be conceivable regarding the decisions issued by the courts. Because, in principle, the issued orders, such as the decision to cancel the petition, the reject the application and the reject the lawsuit, are not valid and it is possible to litigation again.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
111
130
https://www.ghazavat.org/article_239527_57123410526764c8ff0f30a8bae0066a.pdf
Necessity Defense and its Effects and Requirements in International Law with Emphasis on Practice of International Courts
Vahid
Bazzar
P.H.D of International Law of Allameh Tabataba'i University
author
text
article
2020
per
Before Gabcikovo-Nagymaros's case in the International Court of Justice, the effects and requirements of the necessity defense which is long-standing in international law were unclear. In this case, the Court declares that the necessity is accepted only in exceptional condition and as the only means of safeguarding an essential interest of the state against a grave and imminent peril. The state must not have contributed to the occurrence of the state of necessity and the act must not have seriously impaired an essential interest of the state towards which the obligation existed. In addition to the International Court of Justice, other international courts, including the International Tribunal for the Law of the Sea and the ICSID, have also dealt with necessity and its effects and requirements. The findings of these courts are the basis of the formulation of necessity in Draft Articles on the Responsibility of States (2001) and Draft Articles on the Responsibility of International Organizations (2011).
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
131
155
https://www.ghazavat.org/article_239549_54a469b4fc99fd5e2b4ba845dca44b84.pdf
Documentation In Accordance with Electronic Classic and Modern Documents and Their Effects in Legal System
Seyed Ali
Rabbani Mousavian
Assistant Professor at Islamshahr Branch of Islamic Azad University
author
Tahereh Sadat
Naeemi
Assistant Professor at Islamshahr Branch of Islamic Azad University
author
text
article
2020
per
One of the important tools for issuing fair and just judgments is the reason or evidence provided by the parties to the dispute. Traditional evidence is in the form of confession, testimony, oath, etc., which is also available to the courts in the form of paper sheets. Documentation means the registration and induction of information in addition to traditional as a modern electronic evidence in the legal system of Iran is recognized and contains criteria, elements and certain conditions. The most important elements of the electronic citation covariance (including: the feasibility of achieving it for presentation to the judiciary, the originality of the reason at the time of presentation, integrity, accuracy, security, citation capability, etc.) that has challenging effects (including : Disclosure of secrets in the electronic data inspection phase, ambiguity in the production of non-recovery of certain requests for documents, information vulnerability, etc.) that can be resolved or minimized and minimized, and is taken into account in this article. The value of electronic evidence is similar to that of traditional evidence. However, proving the reliability of this type of evidence has faced judicial authorities with problems such as incoherent organization and specific rules that can be maintained and presented with strategies such as gaining special expertise and skills in benefiting from this type of evidence.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
19
v.
100
no.
2020
157
179
https://www.ghazavat.org/article_239550_131cce4f83a72fcff09a48d968de486b.pdf