"Adl va Ensaf" Comparative Law Researches Quarterly
Volume & Issue: Volume 4, Issue 15, Winter 2022, Pages 7-119 
Number of Articles: 6

Pathology, sociology and criminology The role of the middle class in managing the political, social and cultural crises of society In the period of the deadlock of the twelfth government until the hope of opening in the thirteenth government

Pages 7-31

https://doi.org/10.22034/aeclr.2023.323798.1078

mohammad reza mousavifard, Mohsen jamshidi

Abstract In societies where social classes do not live on their own and are the toy of governments, they have no will of their own and are drawn to this side and the other side of power, and as a result lose their ability to express themselves and be mobile and play with their hands. They will be upstairs. Now the question is, what effect does the middle class have on stability or instability in managing political, social and cultural crises? It seems that political, social and cultural instability or instability in crises is a pervasive relationship with the strengthening or weakening of the middle class in At the heart of society's economic growth has been the strengthening of the middle class, followed by the general state of affairs and political legitimacy, and the consequent strengthening of political, social, and cultural stability. Weakened politics, widespread discontent, and political, social, and cultural tensions follow Is Eshete. The above research is based on qualitative method and information retrieval through available documents and data discussed with descriptive-analytical approach. Data collection and data have been collected using existing documents and through the library and the Internet. It is the relationship between the middle class and political stability and public and social welfare and tries to examine the situation of the middle class in Iran both theoretically and experimentally with the approach of political economy and political sociology and how it affects Follow security and political stability in the country.

Manifestation of justice-oriented model in juvenile delinquency

Pages 32-45

https://doi.org/10.22034/aeclr.2023.337812.1087

Fatemeh Sedigh

Abstract The purpose of this article is to discuss the effect of justice-oriented model in juvenile delinquency with a comparative approach in the Iranian penal system and international documents, which has addressed the issue using a descriptive-analytical method. In the Iranian penal system and international documents, paying attention to determining criminal responsibility in children and distinguishing it from adults should be considered the first step of justice in the judicial process, which in Iran is considered the beginning of puberty following Imami jurisprudence. Children and adolescents are considered to be children up to the age of puberty and up to the age of 18 as adolescents. In international documents, children up to the age of 18 are recognized. For this purpose, the separation of juvenile courts in Iran and international documents, as well as the participation of parents in the trial process and efforts to expedite its process, as well as obtaining a lawyer are among the justice-oriented measures in the two criminal systems. Although in terms of differences between the two systems, it should be emphasized that there is a special procedure for juvenile delinquents in international documents, which has not been implemented in the Iranian penal system, but the separation of juvenile delinquent courts from adult offenders shows the will of the Iranian legislature. The distinction is between proceedings

Comparative Study of Revocation of the offer in the Legal System of Afghanistan, Turkey and the International Convention on the Sale of Goods

Pages 46-64

https://doi.org/10.22034/aeclr.2023.334301.1085

Sayed Abbas Mosavi

Abstract In all legal systems, in order to form a contract, it is necessary to have at least two reciprocal and proportionate compositional wills. They are called offer and accept. The first expression of will to conclude a contract is called an offer. In case of concluding a contract between absentees, a relatively long period of time passes from the time of offer to reach the addressee, the acceptance of the other party and the conclusion of the contract. In such a case, can the offer be canceled or not? Articles 15 and 16 of the Convention on the International Sale of Goods address the issue of recourse to the requirement as a rule. This means that it can be concluded from Articles 14 and 15 of this Convention that the requirement is, in principle, a legal action. The Turkish legal system also refers to Article 10 of its adopted in 2013 regarding the recourse to the requirement, with a slight difference from the Convention, considers the principle of the recourse of the requirement. Given that Afghanistan has not acceded to the above convention, it has accepted a different theory from the convention and the Turkish legal system in terms of recourse. Article 516 of the Civil Code of Afghanistan considers the requirement to be in principle an irrevocable legal act. This section examines the need for reference in the Afghan and Turkish legal systems in the light of the Convention on International Trade in Goods.

A Comparative Study of the Effects of Bankruptcy in Iranian and French Law

Pages 65-77

https://doi.org/10.22034/aeclr.2023.292522.1063

afshin mohajed

Abstract Today, one of the most important issues due to the expansion of economic activities and rapid developments in production, trade, technology, etc., is bankruptcy. The inability of traders and commercial companies to pay their debts on time causes them to stop and go bankrupt, as well as disrupting business affairs and creating adverse effects on the national economy. As a result, the effects of bankruptcy do not only include the businessman and the trading company, but in most cases also affect the economic situation of others and are related to the public interest of society. Given the competitive environment in the national and international dimensions, the facilitation of bankruptcy matters can play an effective role in improving the business environment and boosting economic activities, as well as increasing the willingness of foreign investors to invest. In French law, there is no difference between a merchant and a non-merchant, and all commercial and non-commercial persons and companies are subject to bankruptcy, but in Iranian law, only merchants and commercial companies are subject to bankruptcy. With the development of countries, the French Commercial Code has been amended several times since 1807 AD, so that the last amendment was made in 2005 and the necessary rules and regulations were set in various issues related to suspension and bankruptcy, which do not exist in the Iranian Commercial Code. Therefore, it is necessary that the trade law of Iran be amended and revised in accordance with the current economic and commercial conditions.

A comparative study of the crime of insult in Iran and Iraq

Pages 78-96

https://doi.org/10.22034/aeclr.2023.334229.1084

masoud maddah, hamed hossein hoseini khamenei

Abstract One of the most important crimes that has been criminalized all over the world and against which humanity has reacted is insulting and denigrating other people. On the other hand, considering the international relations of societies with each other and its increasing level at the social and political level; Knowing the legal findings of other countries is important in many ways. For this reason, in this article, by comparative study between the crime of insult - in the general sense - between Iran and Iraq, an attempt has been made to count the differences, as well as new legal approaches and possibly shortcomings that increase crime and the emergence of lawlessness. , Also be checked. With a careful study, it can be said: Iranian criminal law has a closer approach to the rules of the holy Islamic law, but this does not mean that the laws in this area are complete, and by examining the Iraqi criminal law, we reached the important point that in matters such as insults, legislators Iran, like Iraq, can take a more precise approach that is both in line with the holy Islamic law and as a deterrent to reducing crime and being effective in the crime prevention process.

A comparative study of role of The UK House of Lords and Iranian Supreme court in the criminal procedure

Pages 97-119

https://doi.org/10.22034/aeclr.2023.337434.1086

Ebrahim Rezagholizadeh

Abstract The House of Lords in the British legal system and the Supreme Court in Iranian law as the highest authority in the judicial structure have a legislative - historical background. In this regard, the House of Lords, known as the Supreme Court in the new rules of the country, in addition to its special mission in the final hearing of objections to the highest courts, in the light of the special structure of the common law system. has played a special role in the regulation and creation of legal rules and regulations in the United Kingdom and has practically a function similar to the legislation in the Iranian legal system. However, in Iranian criminal law, the Supreme Court, in addition to exercising oversight by examining some objections (appeals and retrials) regarding the rulings issued by the country's courts in order to eliminate judicial errors and ensure the correct implementation of laws, by performing its duties in the form of Interpretation of issues and assignment of cases in cases of dispute in the procedure of courts while issuing a ruling on unity of procedure, resolving disputes in jurisdiction, reviewing the objection of rejection of the judge in case of multiple judges, prescribing referrals and violating the verdict rules due to non-compliance acts to protect the laws approved by the legislature.