• List of Articles litigation

      • Open Access Article

        1 - Explanation and application of the principle of non-discrimination in B-group contracts
        Saeid  Johar Shokrollah  Nikvand
        One of the requirements of the era in which we are living is the growing trend of trade and economic exchanges and the resulting contracts, in which trade disputes are inevitable. Commercial disputes are settled with the court or lead to a settlement. The complexity of More
        One of the requirements of the era in which we are living is the growing trend of trade and economic exchanges and the resulting contracts, in which trade disputes are inevitable. Commercial disputes are settled with the court or lead to a settlement. The complexity of the litigation and the importance of their speedy settlement justify the necessity of these trials. Thus, not only judges who are well versed in business traditions and expectations are involved in these trials, but they must also be in line with the requirements of the business community. There is peace and reconciliation, but the lawsuit has not only negative external consequences but also positive external consequences, including deterrence that companies need to exercise caution. Manuscript profile
      • Open Access Article

        2 - A moral and legal look at the nuclear risks to global peace and security
        Ali  Bagheri Mahmud Abadi Amir Maghami Alireza  Arashpour
        The world today is much smaller than previously thought, given the size of extraterrestrial exploration. In the meantime, fast human communication in every part of the globe has made us aware of the smallest developments elsewhere. Things that may go against human value More
        The world today is much smaller than previously thought, given the size of extraterrestrial exploration. In the meantime, fast human communication in every part of the globe has made us aware of the smallest developments elsewhere. Things that may go against human values and ethics. As such, issues such as human rights, human rights and peace are more or less addressed to the ethical and human value goals of human beings. Given this, the use or threat of using nuclear weapons for nearly 70 years, years after the first nuclear bomb was tested in the 1940s, is one of the major concerns of countries and the international community. Concerns are heightened when terrorist groups seek to use this destructive weapon and this is a threat that all countries and, above all, the international community must consider, and therefore the international community takes this threat seriously. , The major dangers of nuclear terrorism include attacking or sabotaging nuclear power plants, stealing nuclear material and using bombs. Is dirty. Therefore, events such as terrorism, the use of weapons of mass destruction caused by destructive nuclear power, have led to the use of these weapons and the use of nuclear materials both from the standpoint of international law and ethics and values. Declare human beings forbidden. However, the present study, developed using a qualitative research method based on a library-based descriptive-analytical approach, seeks to analyze and examine the legal, value and ethical approaches of the United Nations and the international community in the fight against nuclear terrorism. The result of the research is that the international community's joint approach and actions on nuclear hazards, the use of the aforementioned weapons, and humanitarian responses to UN principles and principles, are the most effective way to combat Terrorism is nuclear, and it concludes that it has an undeniable focal point in the fight against nuclear terrorism, through measures such as the formulation of important multilateral treaties aimed at preventing terrorist groups from operating. , Protecting Fissile Nuclear Material, Strengthening International Atomic Energy Agency Role, Increasing Commitments For the nuclear industry and increase the liability of the Security Council, can play an important role and Tasyrgzardrmbarz•h nuclear terrorism and maintaining peace and international security will be. Manuscript profile
      • Open Access Article

        3 - Cessation of liability in court
        Ahmad مهدوی نسب mohammad reza seyahpoor mysam nemat alahi mojtaba farahmand
        :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. More
        :Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Unless the offender, for some reason, can withstand the burden of liability, in other words, his affiliation is distorted, which may be due to a lack of perception or lack of authority. Under these circumstances, you can not commit a crime to the offender. In the course of criminal proceedings, various defenses from the defendant are possible, which are based on the factors responsible for solving such liability. Factors for solving the criminal responsibility to the individual and subjective circumstances in the perpetrator are said that despite the occurrence of the crime, they will eliminate the criminal liability of the subject. The purpose of this research is to investigate whether the factors for removing criminal responsibility in recruiting from the general factors of responsibility for responsibility are different or are expressed in terms of allegory. Findings of the research show that the factors for solving the responsibility for the accrual are, in most cases, an indication of the general criteria for the removal of criminal responsibility and are not distinguished. Manuscript profile
      • Open Access Article

        4 - Investigation of proof of ownership in Iranian and French law
        Yaser  Ansari Moslem mortezapour
        In many jurisdictions, litigation is called "proof of ownership" and the courts disagree about its ability to be heard. Some accept these lawsuits and related lawsuits, such as enforcing a charter, due to the principle of hearing capacity. In contrast, the order governi More
        In many jurisdictions, litigation is called "proof of ownership" and the courts disagree about its ability to be heard. Some accept these lawsuits and related lawsuits, such as enforcing a charter, due to the principle of hearing capacity. In contrast, the order governing litigation, the interest in accepting the lawsuit and its effectiveness, the principle of the establishment of rulings and the need to establish a new legal order in the relations of individuals, are among the reasons that make it difficult to accept a lawsuit to prove ownership. , Makes it impossible. In our opinion, and given the multiplicity of legal relationships and their complexity, the absolute denial or acceptance of this lawsuit is not correct. Although the principle should be considered as inadmissible, the ability to file a claim for proof of ownership can be defended as an exception in certain legal situations. Manuscript profile
      • Open Access Article

        5 - The Principle Of Good Faith In Civil Proceedings (In The Light Of Judicial Procedure)
        Arman Yaghobi Moghadam Kourosh Delpasand
        In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation sta More
        In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation stage and the procedure. And In this study, I will write about the legal status of good faith in the trial in different figures of the good faith of the litigants, the respondent judge, witness and attracting third parties related to the lawsuit and etc. Manuscript profile