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Journal of Legal Research – Number 2

Journal of

Legal Research

Number 2

Volume I, Number 2

Autumn 2002 – Winter 2003

 

Managing Editor: Vahid Eshtiagh

Editor-in-Chief: Seyyed Ghasem Zamani

 

 

Contents

Articles

Conscious obligations in contracts on transfer of mines
Ali Eslamipanah, Ph.D.

An introduction to the principles of jurisdiction in international criminal law
Ali Khaleghi, Ph.D.

Establishment of International Criminal Court: concerns and hopes
Seyed Ghasem Zamani, Ph.D.

Restrictions on the property rights of persons in laws and regulations of municipals
Mohammad Salman Taheri

Reflection on buy-back deals in Iranian oil contracts
Asadollah Sahranavard.

The ILC’s articles on responsibility of states for internationally wrongful acts
James Crawford, Jacqueline Peel, Simon Olleson; Trans. by Zahra kesmati

Protecting privacy in an information age
Helen Nissenbaum; Trans. by Abbas Imani

Special issue: Necessity of revising the laws relating to cheque

History and necessity of amendment to laws relating to cheque
Round-table on amendment to laws relating to cheque
Conserving or deleting the penal aspect of issuance of
dishonoured cheque
Stipulations on cheque in the Egyptian Commercial Code

Critique and Presentation

Amendment to the law relating to General and Revolutionary
Courts
The Private Law Association of Iran
International Institute for the Unification of Private Law
(UNIDROIT(

 

Articles

Conscious obligations in contracts on transfer of mines

Ali Eslamipanah, Ph.D.

 

Abstract:
One of the essential conditions for the validity of a transaction in the
Iranian legal system is that its subject-mater must be certain and definite.
In other words, the object of a transaction should not be ambigious and
uncertain. However in Contracts on transfer of mines, specially
subterrenean mines, respect of the condition is very hard. It appears that
in such cases expression of parties to the subject-matter and its
specifications is efficient for conclusion of the contract. Breach of the
obligations would have different effects which have been discussed in this
article.

 

An introduction to the principles of jurisdiction in international criminal law

Ali Khaleghi, Ph.D.

 

Abstract:
For the different reasons, the relations of persons have been considerably
multiplied in our time. As a result, the modality of commission of offences
has been changed and some of them contain a foreign element at least.
One of the current measures adopted for fighting to this kind of
criminality is to try and punish the offenders. In this article, the principles
governing the jurisdiction of states on these offences are briefly examined.

 

Establishment of International Criminal Court: concerns and hopes

Seyed Ghasem Zamani, Ph.D.

 

Abstract:
The statute of International Criminal Court came into force on July 1st
۲۰۰۲٫ For the first time this document established a permanent institution
in international sphere which can try some international crimes of
individuals. Some are very optimistic that such a tribunal could as an
independent and neutral court safeguard peace and justice for the
International Community, but some doubt about it.

 

Restrictions on the property rights of persons in laws and regulations of municipals

Mohammad Salman Taheri

 

Abstract:
Private property rights of individuals have high rank dignity both in the
Constitution or ordinary laws. However the necessities of life in the cities
have made the legislature to rely on its sovereignty power (public law) in
order to restrict those rights in conformity with public benefits.

Reflection on buy-back deals in Iranian oil contracts

Asadollah Sahranavard.

Abstract:
Buy-back contracts in recent years have been played a significant role in
Iran’s oil and gas industries. Current restrictions in the Iranian laws which
somehow obstruct foreign investment in Iran, display buy-back contracts as
a suitable means and a quite safe for the parties of those contracts.

The ILC’s articles on responsibility of states for internationally wrongful acts

James Crawford, Jacqueline Peel, Simon Olleson Trans. by Zahra kesmati

Abstract:
Admirable efforts of International Law Commission of U.N. to draft
articles on state responsibility have been continued for nearly a
half-century, whereas when in late 1990’s the outcome of the commission’s
researches were to be accomplished, it was appeared that paraphrasing and
interpretations of the Commission specially about the international crimes
of states and countermeasures are not quite acceptable by some
governments and need to be amended.

Protecting privacy in an information age

Helen Nissenbaum; Trans. by Abbas Imani

Abstract:
Privacy right of people is one of the basic human rights which reflected in
international documents and national laws. However the new technological
developments regarding to collecting, processing, and transformation of
information have caused some to offend this right, which is being done so
by different motivations. If there wouldn’t be an effective solution to keep
the right safe, the survival of “human privacy rights” is in danger.

Special issue

Necessity of revising the laws relating to cheque

Abstract:

Cheque as a commercial bill is playing a significant role in economic life of
Iran. Current use of this document for deferred payments have been
increased so widely that its original function as a safe substitute of money
have been neglected. But what attracts the attention of public to rely on
this bill is criminal sanction of the code of cheque. Legislature has
constituted the issue of unpaid cheque as an offence. This constitution has
become a guarantee for the receiver and results of executing the code have
become a crucial social problem. In this part, the efforts have been taken
to criticize the current laws and regulations as well as to obtain the views
of scientific expert institutions in this regard and to present the Egyptian
code of cheque as a model.

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