"Adl va Ensaf" Comparative Law Researches Quarterly
Volume & Issue: Volume 3, Issue 11, Winter 2021, Pages 7-59 
Number of Articles: 3

A Study of the Independence of the Judiciary and Advocacy from the Perspective of Imami Jurisprudence and Iranian Law and International Law

Pages 7-29

https://doi.org/10.22034/aeclr.2021.270012.1044

Abalfazl salimian, gholamreza izadpanah, Saeed Ahmadian

Abstract "Judicial independence" is to establish and establish the rule of law and guarantee all civil rights and enjoy all fundamental freedoms, and an independent and efficient judiciary has an important role in establishing justice and guaranteeing the rights of individuals in society and allows the judge to stay away from any pressure. And without influence and fear of any position, even judicial authorities higher than himself, in accordance with the law and conscience and at his discretion to issue a verdict and make a decision. This principle protects the judiciary from attacks by the executive and legislative powers and prevents the interference of other powers. In international law, the application of this principle also plays an important role due to the increasing formation of international courts and arbitrations, and its most important function is to maintain the power of the court to make fair and lawful decisions. On the other hand, the "independence of the legal profession" is a big and very important thing that has made it a national issue. This is one of the manifestations of the credibility of the judicial system, which on the one hand is related to the status of the judicial system of the country and on the other hand to the observance of citizenship rights and preservation of inherent human dignity. In fact, the three main pillars of upholding the rule of law in democratic societies and guaranteeing human rights are judges, prosecutors and lawyers. Therefore, guaranteeing judicial independence in these three basic

A Comparative Study of the Peaceful Use of Nuclear Energy from the Perspective of Imami Jurisprudence and Iranian Law and International Law

Pages 30-47

https://doi.org/10.22034/aeclr.2021.281916.1052

afshin mohajed

Abstract Nuclear technology is one of the sciences that, from the very beginning of its development in the field of life, heralds a profound and comprehensive transformation in the future of human life and shows clear horizons. Today, the issue of the use of nuclear energy is an important and influential issue in the international community. The issue of Iran and the peaceful uses of nuclear energy has been the focus of the international community for decades. In recent decades, the international community has sought international law to regulate the peaceful uses of nuclear energy in accordance with international legal rules and regulations. Over the years, Iran has always had extensive and voluntary cooperation with the International Atomic Energy Agency and its inspectors, and has always proven that it uses nuclear energy except for peaceful uses and for the economic and industrial growth of the country. Does not work. Regarding the jurisprudential ruling on the use of nuclear weapons, it should be said that arguments such as the sanctity of genocide, the principle of non-aggression, the military conduct of the Holy Prophet (PBUH), the rule of no harm, the rule of minister and the rule of sin indicate the sanctity of using nuclear weapons in war.

Jurisprudence - Legal Principle of Goodwill in Commercial Contracts

Pages 48-59

https://doi.org/10.22034/aeclr.2021.290234.1061

somayeh ahangaran, hamid rustuea

Abstract The principle of good faith and fair behavior, which is a principle in the mental health of commercial transactions and one of the basic principles governing contracts, which, along with other governing principles such as the principle of freedom of contract and the rule of will, is of considerable and undeniable importance. The importance and status of this principle and its legal effects are such that it has such a principle in many valid international documents, including the principles of international trade agreements, the principles of European contract law and domestic law.A comparative study of the psychological principle of good faith in the health of international agreements has been done comparatively in the common law, Romano-Germanic, jurisprudence and subject law of Iran. Some countries, including Germany, Italy, France, and the United States, are explicitly recognized as an important and fundamental rule among other principles and rules governing contracts, and the parties to their trade agreements are required to comply with They know it. In a way that other principles governing contracts can not affect its importance and effects.