https://www.mo-lawresearch.ir/ Treaty Legal Research en daily 1 Sun, 27 May 2018 00:00:00 +0430 Sun, 27 May 2018 00:00:00 +0430 https://www.mo-lawresearch.ir/article_63081.html Marriage is a legal contract that causes relativeness. A contract whereby man and the woman participate in making a family. After marriage, some mutual rights are made for the couples which affect the non-monetary rights of the couple whether made before the marriage or after it. The non-monetary rights of the couples are divided into spiritual rights about the body of the wife and the spiritual rights about the personality and spirit. Spiritual rights regarding the body like beauty and medical surgeries, alienating body members, cover and make-up and the spiritual rights regarding the spirit and personality like the right of education, employment and crime contrary to personality of man like expanding bad thought results against the good manners are investigated in two discussions. First, the rights which are made independently for the wife by marriage and is the result of couple ness and which are divided into monetary and non-monetary. Second the rights which exist before marriage but are influenced by it. A man with the right to preside over the family can over right this womans rights but these right are the Fundamental civil and civil rights of a woman and the husband can not exclude her from the woman except in special cases. https://www.mo-lawresearch.ir/article_109939.html Abstract Nowadays, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the terms and conditions. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Occasionally, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part of describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199  of the code of civil Procedure to study it.    Today, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the rules and regulations. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Sometimes, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199 of the code of civil Procedure to study it. https://www.mo-lawresearch.ir/article_109940.html Abstract  The permissive punishment of a person is one of the types of punishments that always exist in human beings and as human beings remain. In addition, the perpetrators are human beings themselves and have their own rights. On this basis, the support of the individual and his family is at stake in the context of Islam and international law.  It is the responsibility of all stakeholders and legislators. Therefore, one of the main tasks of each community is to support these people in order to achieve a healthy life. In this regard, the supportive laws of prisoners have been drafted and approved. This research is conducted using survey method and using the questionnaire.  The data were analyzed and evaluated by applying descriptive and non-descriptive methods using SPSS software. Subsequently, a significant relationship was found between Saravan Prisoners' awareness of supportive laws and various influential factors such as the level of education in executive prison activities. Finally, it was found that  The enforcement measures of supportive laws, especially professional training, are effective in prosecuting crimes against Saravan. Imprisonment or custody penalty has always been known as a punishment happened in human societies. Though the detainee is entitled a wrongdoer, he is a human and comprises special rights. To this end, giving support to the accused person and his family has owned much attention in Islam religion, and it is inspirational for all legislators and commentators. So, one of the main issues in every society is to support such people and give them a new healthy life style. In this regard, the supportive laws have been codified for prisoners. The present study is conducted as a survey through implementing questionnaires. After scrubbing invalid data descriptively and inferentially, they were analyzed and evaluated in SPSS. Then, showing a significant correlation in prisoners' awareness of supportive laws in Saravan prison, different effective factors such as level of education and prison executive actions were discussed. Finally, it was revealed that administrating supportive laws, especially learning an occupation, is really effective on crimes prevention acts among Saravan's prisoners. https://www.mo-lawresearch.ir/article_109941.html Abstract World War I, which involved almost all of the major powers in the world from 1914 to 1918, has had a significant role in the development of international law. In fact, the horrific catastrophes and widespread breaches of rights that took place during this war seriously persuaded the international community in case of creating a more coherent legal system. As a result of conclusion of the Versailles Treaty after the end of the war, the states accepted to come together in an international organization with General jurisdiction (the League of Nations), which has set its main goals for promoting international cooperation and achieving international peace and security. Also, according to Constituent Instrument of this organization (the Covenant), the first use of the force was severely restricted in relations between states. The first permanent international court was set up with the aim of establishing a peaceful settlement mechanism for disputes in relations between states. Accepting criminal responsibility for government officials in the international area and humanitarian rights developments can also be cited as achievements of international law as a result of World War I. World War I, which involved almost all of the major powers in the world from 1914 to 1918, had has a significant role in the development of international law. In fact, the horrific catastrophes and widespread breaches of rights that took place during this war seriously persuaded the international community in case of creating a more coherent legal system. As a result of conclusion of the Versailles Treaty after the end of the war, the states accepted to come together in an international organization with General jurisdiction (the League of Nations), which has set its main goals for promoting international cooperation and achieving international peace and security. Also, according to Constituent Instrument of this organization (the Covenant), the first use of the force was severely restricted in relations between states. The first permanent international court was set up with the aim of establishing a peaceful settlement mechanism for disputes in relations between states. Accepting criminal responsibility for government officials in the international area and humanitarian rights developments can also be cited as achievements of international law as a result of World War I. https://www.mo-lawresearch.ir/article_109942.html Abstract  In resent years, Plurality of international law has attracted the attention of international law juirsts. Pluralism as a process in the international legal system, while creating the creation of norms, facilities, and the birth of subsystems , lead to the emergence of antagonism and Conflict in international law. This plurality occurs more in the form of self-sustaining systems. In this regard, contradiction between the plurality and unity of the international law is considerable.Commission in its 2006 report applied some strategies  to resolve disputes in plurality and create unity Using the general legal principles, stated that self-centered systems and the diversity of rules did not lead to inconsistencies in the rules. and for approving it indicated the guidelines impose specific rules and regulations governing the rights of the late international treaties.Hence, according to the Commission and by reference to the judicial court judgments international law's state haven't been dispersed in the face of self-contained system. In resent years, Plurality of international law has attracted the attention of international law juirsts. Pluralism as a process in the international legal system, while creating the creation of norms, facilities, and the birth of subsystems , lead to the emergence of antagonism and Conflict in international law. This plurality occurs more in the form of self-sustaining systems. In this regard, contradiction between the plurality and unity of the international law is considerable.Commission in its 2006 report applied some strategies to resolve disputes in plurality and create unity Using the general legal principles, stated that self-centered systems and the diversity of rules did not lead to inconsistencies in the rules. and for approving it indicated the guidelines impose specific rules and regulations governing the rights of the late international treaties.Hence, according to the Commission and by reference to the judicial court judgments international law's state haven't been dispersed in the face of self-contained system. https://www.mo-lawresearch.ir/article_109943.html Abstract In today's global society, countries have developed special strategies for combating or controlling parallel imports in the world through their consensus and interaction, as well as under the auspices of a reference organization known as the World Trade Organization. Therefore, parallel imports today are one of the issues that has become an epidemic epidemic in international trade law, and especially in the agreements of the World Trade Organization, and it is somehow relevant in all countries. In addition to parallel imports, it is also defined as the gray market, where parallel goods of this type of trade are sold.The main reason for such markets is the difference in the price of goods between the primary and secondary countries, which is caused by the lack of an official representative from the owner.The approach of the World Trade Organization and the use of the principle of national decline to monopolize the car market in Iran and the ban on import and export of parallel imports of cars in Iranian law are among the topics that are tried in this article with a descriptive-analytical approach.   In today's global society, countries have developed special strategies for combating or controlling parallel imports in the world through their consensus and interaction, as well as under the auspices of a reference organization known as the World Trade Organization. Therefore, parallel imports today are one of the issues that has become an epidemic epidemic in international trade law, and especially in the agreements of the World Trade Organization, and it is somehow relevant in all countries. In addition to parallel imports, it is also defined as the gray market, where parallel goods of this type of trade are sold.The main reason for such markets is the difference in the price of goods between the primary and secondary countries, which is caused by the lack of an official representative from the owner.The approach of the World Trade Organization and the use of the principle of national decline to monopolize the car market in Iran and the ban on import and export of parallel imports of cars in Iranian law are among the topics that are tried in this article with a descriptive-analytical approach. https://www.mo-lawresearch.ir/article_109944.html Abstract The right to public health is one of the most important rights of urban dwellers, which is apply by municipalities and city managers. Coping with contagious diseases, which are examples of this right, is accompanied by measures such as compulsory quarantine, restrictions on traffic, business and mosquitoes, and compulsory treatment in cities. These actions are in conflict with other urban rights, such as the right to freedom of movement, privacy, and so on. Depending on the different models of governance that govern their performance, municipalities address this conflict of urban rights by taking different measures. With the emergence of corona disease in 2020, the issue of imposing urban restrictions and violating the principles of citizenship rights in cities with the spread of the disease has led to the emergence of theories on how to exercise public health rights in cities, considering the lack of accountability for models derived from the model. Became democracies. In this study, an attempt has been made to examine the duty of municipalities in dealing with infectious diseases and their adoption measures, to answer these questions: What is the conflict between the right to urban health and other urban rights? And secondly, with what solutions can these conflicts be resolved, and on what basis are the explanatory approaches of these solutions based? The right to public health is one of the most important rights of urban dwellers, which is exercised by municipalities and city managers. Coping with contagious diseases, which are examples of this right, is accompanied by measures such as compulsory quarantine, restrictions on traffic, business and mosquitoes, and compulsory treatment in cities. These actions are in conflict with other urban rights, such as the right to freedom of movement, privacy, and so on. Depending on the different models of governance that govern their performance, municipalities address this conflict of urban rights by taking different measures. With the emergence of corona disease in 2020, the issue of imposing urban restrictions and violating the principles of citizenship rights in cities with the spread of the disease has led to the emergence of theories on how to exercise public health rights in cities, considering the lack of accountability for models derived from the model. Became democracies. In this study, an attempt has been made to examine the duty of municipalities in dealing with infectious diseases and their adoption measures, to answer these questions: What is the conflict between the right to urban health and other urban rights? And secondly, with what solutions can these conflicts be resolved, and on what basis are the explanatory approaches of these solutions based?