"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract اطاله دادرسی، طول درمان زیان دیده، تاخیر و تعلل شرکت بیمه در پرداخت خسارت، عدم اقدام به موقع زیان دیده در مراجعه به شرکت بیمه به منظور دریافت خسارت و یا عدم شکایت به موقع وی علیه راننده مسبب حادثه، عدم گزارش راننده مسبب حادثه به شرکت بیمه مبنی بر ایراد خسارت به شخص ثالث و تشکیل پرونده و مواردی از این قبیل، همگی عواملی هستند که باعث تاخیر در پرداخت خسارت به زیان دیده از حوادث رانندگی می شوند. به دلیل یوم الادا بودن پرداخت دیه، هر چه از وقوع حادثه بگذرد و خسارت زیان دیده به صورت پرداخت نشده باقی بماند، مبلغ آن افزایش یافته و در نتیجه مسئولیت مسئول پرداخت آن سنگین تر می شود. در این مقاله پس از توضیح موارد ذکر شده، به بررسی مسئول جبران ما به التفاوت خسارت ناشی از تاخیر در پرداخت آن می پردازیم و ازآنجا که دادگاههای عمومی با توجه به کثرت پرونده های مربوط به جبران خسارت زیان دیده در حوادث رانندگی، قادر به رسیدگی صحیح و به موقع این پرونده ها نمی باشند، لذا به منظور تسریع در روند رسیدگی و تسریع در پرداخت خسارت به زیان دیدگان این حوادث، ضرورت تشکیل دادگاه ویژه با شعب متعدد در زمینه رسیدگی

Abstract Subject: Dispute and indivisible verdict with an overview on Judicial precedent
Abstract: In the Iranian legal system, like any other legal system, a dispute has many varied divisions. Division of disputes could include financial and non-financial, in personam (Personal action) and in rem, ancillary and the main, intial and appeal and movable and immovable property disputes.
Among other divisions, disputes are divided into divisible dispute and indivisible dispute, which in some cases overshadows other divisions as well.
In Iranian Law, similar to French law, extension of dispute’s effect to a third party in an indivisible dispute is considered, but unlike the French law, the extension takes place upon issuance of the verdict, while in French law, extension’s effect would appear upon filing the claim and each of these two requires separate requirements.
In other words, in Iranian law, there is a theory and hypothesis concerning extension of the effects upon issuance of the verdict to the persons against whom an indivisible claim has been filed. This is an issue that in French law raises the need for the presence of stakeholders in the proceedings.
This research which has been conducted in the form of library and field (Review of some court verdicts) study, seeks to introduce such disputes with the aim of providing a practical and/or legislative solution to eliminate the resulted obstacles and problems together with the various interpretations that lead to adoption of various procedures.

Keywords: Dispute, Verdict, Division, Extension, Profit

Abstract The historical study of the crime of witchcraft in ancient times reveals the historical roots of the criminalization of this behavior. It also determines the type of punishment and its feedback in societies, responsibilities and the ruling procedure in ancient religions and regimes. While recognizing the social contexts of crime, the reasons for its discontinuity throughout history are revealed. In this study, by studying the ancient laws and examining the articles of different laws, while briefly stating the criminal law prevailing at that time, regarding the crime of witchcraft in a centralized manner, the reactions of ancient religions and regimes and why and how criminalization It is checked. The ancient religions and regimes studied include laws attributed to the ancient regimes of Mesopotamia, ancient Iran, Egypt, Rome, Greece, Judaism, and Manichaeism in India. Non-social use of magic has been condemned in ancient times and has been banned by various ancient religions and ethnicities and punishable by death. Despite the fact that the punishment for witchcraft is not stated in some laws, the death penalty for witches is still conceivable at that time. They were often punished for their ignorance of the surrounding sciences and phenomena and for creating panic among the people, and sometimes for the actions of witches, which were a sign of unbelief, impiety, and blasphemy.

Abstract In the field of fighting and preventing violence against women, although the main actors (governments and international organizations) are constant, the process of preventing violence against women includes a very large amount of domestic and international actors, large and small. There are countless service providers in the domestic and international arena, including credible and passive actors who distribute and promote legitimacy in the field of prohibition, prevention and reduction of violence against women. Actors of value producers who are active in the field of development of prevention of violence against women, both domestically and internationally, pave the way for the development and implementation of sustainable measures to reduce violence against women with their guiding actions. There are also social actors in the field of prevention of violence against women who, with their constant behavior, use the necessary rituals in the field of prevention and prevention of violence against women. As a result, it is clear that the actors in the field of prevention of violence against women, in whatever quality and quantity they are, have a degree of influence in this field and should not be trivialized because they are internal, non-governmental, etc. In this research, with a theoretical approach and a descriptive method, we seek to investigate the behaviors and interactions and classify the actors in the field of preventing violence against women.

Abstract Today, the position and importance of commercial companies in Brexit investment and economic transformation is not hidden, and in a way, companies are considered as the drivers of the global economy. In this regard, providing the business environment of these companies, including their formation and registration, licensing and providing various facilities can improve the business environment and ultimately economic development. Corporate registration issues are one of the important parameters related to the business environment. Among these, the possibility of transforming commercial companies into different types can be effective in facilitating their activities. Although the commercial law provides for the possibility of converting some types of companies, but in order to improve the business situation and facilitate economic activities, and based on the instructions for converting companies, it is possible to convert different types of companies. The present article tries to explain the concept of conversion and its conditions and enumerate the opportunities and challenges of this legal entity in a descriptive and analytical way and using the available library and internet resources. Discuss this relationship.

Abstract is faced with the risk of non-delivery of the goods by the seller, so international payment methods In order for the buyer to pay the price of the goods and offer solutions for the delivery of the goods subject to the contract, they are from the seller. Mutual letter of credit, or in the words of some surety lawyers, credit that is a new letter of credit addressed to the creditor beneficiaries of the letter of credit, whether related, by the attestant arising from the letter of credit previously issued by the issuing bank or any other bank. If not related to the first contract, it will be issued as a reliance. Dependence on the birth and life of the letter of credit depends on the existence of another letter of credit, its date precedes the date of the original letter of credit, its currency is not more than the original letter of credit, independence from basic transactions and even the initial letter of credit and the related goods , Is one of the characteristics and conditions of the validity of reliance documents in Iran. The subject of this article is the study of the conditions and rulings governing the validity of reliance documents.