"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract treason in the word means" deceit "and in Islam it Means sin and it entered the religion of Islam influenc of signature decrees, The crime of betrayal, in the United States and Canada has been adapted from the "Act of 25 Edward III", approved by 1351 UK. The elements of "betrayal, in the United States and Canada legal system, are levying war against them "and adhering to their enemies, and Commiting a crim against the kings physical integrity. the common denominator of jurisprudential and the American and canada legal system is the condemnation of treason and its distinction the wide scope of treason in jurisprudential compared to the legal system of the American and canada. In this article, from the comparison, it has been found that blaming treason in jurisprudential and considering it as a sin, compared to the criminalization of adultery in the common Law legal system(USA and Canada), has a time precedence of nearly eight hundred years. The purpose of the current research is to compare treason in "jurisprudence" and American and Canada legal system using an analytical and descriptive method,, and it has been tried as much as possible, while critically examining the elements that constitute the crime. the effectiveness of the common Law (American and Canada) in the category of "betrayal" from "jurisprudential matters" and its instrumental and political use in the American society should be depicted

Abstract Abstract:
Khudadad hakimi 1


The principle of good faith is one of the principles that has gained great importance in domestic laws of countries and international documents today. This principle, due to the evolution and diversity it has undergone in the issues related to contract law, is of multiple importance. In the modern concept, the principle of good faith means honesty and fairness, but in the traditional concept, it is interpreted as a mistake or error. This writing is a descriptive-analytical study of the examples of the principle of good faith in Afghan law. The findings show that the principle is widely used in both traditional and modern concepts in Afghan law, and in the modern concept, it is more applicable to contracts. Based on this, the parties undertake to behave honestly and acceptably in various stages of their contractual relationships. There are specific performance guarantees for violating good faith in this sense. The traditional concept of good faith, however, has a protective aspect and is less applicable to contracts. In this regard, compensation for those who suffer damages due to mistakes and errors in legal relationships has been provided by the legislator.

Keywords: principle of good faith, modern concept, traditional concept, contract, Afghanitan law.






1. PhD student of private law.

Abstract Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. The main question that the author sought to answer in this descriptive-analytical research is what are the differences between the national and international bases of people's participation in the prevention of administrative corruption with an emphasis on Conflict of Interests? The results of the present research indicate that there are differences between the domestic and international anti-Conflict of Interests frameworks, such as the lack of criminalization of Conflict of Interests in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of Conflict of Interests , lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against Conflict of Interests in Iran's internal law, in contrast to the regional to international nature of anti-Conflict of Interests rights and the lack of guarantee of effective implementation at the international level to fight Conflict of Interests .

Abstract Risk management of the medical violations and negligence is one the important issues in the field of providing medical services. Although solution management of negligence that amount to physical injuries, loss of benefit or death of patients is necessary for full compensation of patient’s damages, but applying criminal penalties to the person whose fault has led to quasi intentional crimes does not lead to efficient management of the risk of medical errors recurrence. Therefore, in addition to solution management of deficiencies, prevention management and recognition of effective factors in the incident of medical staff’s errors and providing practical methods to prevent them is very important.
In this article we tried to explain the most common causes of treatment staff’s criminal medical negligence by using the existing approaches in preventive criminology and provide appropriate solutions in order to prevent the occurrence of these failures. Among these solutions are: Providing legal incentive regarding reducing the amount of punishment for those who have expressed their mistakes which will lead to the creation of an error reporting system, Providing free medical services by the guilty person with the condition of reducing the period of providing free services if no fault is committed during that period, establishing an independent inspection unit in each hospital which provides the possibility of reporting and informing about the dissatisfaction of the patients.