"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract In the Turkish legal system, civil liability based on fault is the basis of civil liability resulting from a harmful act. According to Article 49 of the Turkish Law of Obligations, in civil liability resulting from a harmful act, liability is essentially a kind of fault, which is the most important element of liability. In addition to this type of liability, no-fault liability is provided in exceptional and special cases. But in the Afghan legal system, the issue is quite different. According to Article 758 of the Civil Code of Afghanistan, civil liability resulting from a harmful act is in principle of the type of liability without fault. However, in addition to the liability without fault, which is derived from Islamic jurisprudence and has been accepted as a principle, the legal institution in its article 760 also accepts the cause or responsibility as an exception. The difference between the views of the two legal systems on fault and civil liability based on fault indicates the efforts of each of them to fill the gap in this type of civil liability system and try to reduce irreparable losses. What is certain is that the difference in the meaning and concept of fault in both legal systems affects the type of acceptance of this institution of civil liability, its legal effects and consequences, and the neighbors of damages. This difference in view of the fault and fault-based liability reflects the need for comparative research, which is addressed in this paper.

Abstract Today, a significant part of litigation in the judiciary is litigation related to commercial law, and one of the areas of litigation that is in urgent need of specialized courts due to the complexity of cases, titles and lawsuits is the field of business, because the nature of business and litigation, speed and Requires great care in handling. In this regard, commercial courts are one of the most important specialized courts in any legal system that the development of business and activities, facilitating investment and improving the economic indicators of societies, shows the undeniable role of these courts. There are no special courts in Iran called commercial courts. However, in French law, these courts play an important role, as merchants and business representatives are the main members of these courts. These courts are also specialized in English law and deal with them in a special way, covering complex cases arising from national and international business disputes, with particular emphasis on issues such as international trade, banking and arbitration disputes. . Accordingly, the development and adoption of comprehensive and coherent regulations regarding the handling of commercial cases and lawsuits and the establishment of commercial courts in the way that exists in the French and British legal systems, has always been a concern of the Iranian legal system. Therefore, in this article, the position of commercial courts in the law of Iran, France and the United Kingdom is examined.

Abstract The crime of escape of prisoners is found in the seventh chapter of the Penal Code of Tazeerat. In the Islamic Penal Code, Iran's criminal law has dedicated a separate topic to this topic and has considered a specific punishment for each crime, which seems to be insufficient and has legal ambiguities in some cases, in terms of the psychological element. Most of these crimes can be committed intentionally,but in some cases, the legislator has criminalized the unintentional behavior and criminal error of the perpetrator, such as Article 550 of the Penal Code of the Penal Code regarding the fault of the arresting officer that leads to the escape of an individual. that he should be arrested, Article 548 of the same law, which is about the fault of the guard and employee of the prisoner, which leads to the escape of the imprisoned or arrested person.According to the logic of Article 547 as explained above and the principle of legality of crime and punishment, the escape of a prisoner outside of the above three cases is not a crime, and since the accused is sent to the prosecutor's office, court or hospital and his escape from these places, it is one of the three cases. It is not considered in Article 547.The crime that is the subject of this article is absolute from the point of view of the psychological element, and from the point of view of the material element, it is bound to be released from prison.

Abstract It is highly believed that International law is a product of natural law theory . The modern school of natural law, in its return to overcome international legal positivism, is based on the fact that with its effectiveness in the moral dimension of obligations, it has led to the adherence of states as subordinates and exclusive subjects of international law to their obligations, and the states It has brought state-countries closer to global and shared responsibility in international obligations such as general obligations. In this article, the approach of modern new natural law regarding the international obligation for the subordinates of the international law system has been analyzed and the achievement is important from this point of view. Because the revival of the principles of natural rights in the current order of the international law system has compensated for the lack of ethics in international positivism and has created special flexibility, especially in the general obligations of main subjects of international law which are only states.