http://www.aeclrjournal.ir/ "Adl va Ensaf" Comparative Law Researches Quarterly en daily 1 Fri, 06 Dec 2024 00:00:00 +0330 Fri, 06 Dec 2024 00:00:00 +0330 http://www.aeclrjournal.ir/article_210842.html According to Articles 806 and 898 and subsequent articles of the Afghanistan Civil Code, third parties can perform other's obligations. Two important legal effects have been arranged on this type of performance: the collapse of the debtor's obligation against the creditor and the creation of the right of recourse for a third party. Considering the acceptance of the third-party payment institution in the Afghanistan legal system and the effect of recourse on it, the purpose of this study is to investigate cases in which the third party is not competent to fulfill another obligation or has the right of recourse to him. In this research, using a descriptive-analytical type of qualitative research method and using the documentary method of data collection, we reach the conclusion that in cases where the obligor's personality is the main cause of the contract or the obligation is hidden to the person, the third party cannot perform the debtor's obligation without the consent of the creditor. Also, in the second paragraph of Article 898 of the Civil Code, the creditor has the authority to reject the performance of the obligation by a third party and in the second paragraph of Article 899 for the debtor, the authority to prevent the third party from returning to himself has been expressly accepted. Therefore, despite the acceptance of the institution of performance of the obligation by a third party in the legal system of Afghanistan, this legal institution has obstacles and exceptions that are examined in this study. http://www.aeclrjournal.ir/article_210843.html Since time immemorial, justice has been a very important concept and has been of interest to activists in the field of social sciences. This article tries to analyze the theory of John Rawls, a political philosopher of the 20th century, about justice and compare its content with the thought of Amartya Sen, a theorist and winner of the Nobel Prize in Economics (1998). ) to explain the new theory synthesized from the opinions of two philosophers. Therefore, by using the descriptive analytical method, the question has been raised that how is it possible to achieve justice based on fairness or ability? And by using the conceptual framework of justice of John Rawls and Amarthiasen, this hypothesis has been raised: Rawls and Sen views They are similar to utilitarianism, which sees its end in general welfare and happiness for the maximum society. But in their methodology, they are different and inconsistent regarding the realization of fair conditions. From Rawls' point of view, fairness is the principle of equality of fair opportunities, and from Amarthiasen's point of view, it means the existence of conditions that present different options for people to choose, and time selection means that a person has the right to choose between different options and will become vulnerable when the choices are limited. By understanding the concept of capability, the poor is not someone who has no income, but someone who cannot get out of poverty. http://www.aeclrjournal.ir/article_210844.html Compliance with the minimum guarantees of a fair trial is a human right. Therefore, the judicial system must provide the necessary measures to respect the rights of the accused and prevent their limitation, and provide the necessary facilities to the accused so that he can be acquitted of wrongful accusations if he is innocent. A person who is accused and violated against the principle of innocence, has the right to defend himself against this violation and accusation by using his human rights, because defense is a natural right in every respect. Defendant's defense rights are one of the most important topics of human rights and have been given serious attention in numerous human rights documents. so that limiting the defense rights of the accused is seen as a guarantee of executions; An issue that has been neglected to some extent in the internal documents of our country and in the Criminal Procedure Law of 2012 in order to reduce the limitation of the defense rights of the accused. The current research has been written with descriptive-analytical method and using library-documentary sources. http://www.aeclrjournal.ir/article_210845.html Clinical criminology is one of the branches of the great science of criminology that, by having a solution and application of tools such as personality profiles, leniency institutions, amnesty, the principle of judicial separation, etc. to control the dangerous state and criminal capacity of criminals in order to prevent them from committing or repeating crimes, has a worthy and significant effect on reducing the costs of criminal justice. The findings of the research showed that clinical criminology, like a doctor, seeks to reform, treat, and prevent the criminal from repeating crimes by examining them from many angles. Therefore, the dangerous state of the individual must be recognized and subjected to criminological and social measures; in this case, the implementation of punishment or criminological and social measures can eliminate the risk of committing a crime and reduce the cost of crime. This article is descriptive in nature and describes and defines topics such as clinical criminology, criminal policy and the costs resulting from its implementation, and the impact of clinical criminological findings on the commission of crimes in order to determine the path forward. The results of the research showed that clinical criminology, by applying its special models and methods, provides significant assistance to criminal policymakers in preventing the repetition or commission of crimes, reforming offenders, and reintegrating them into society, and ultimately reducing the costs of criminal justice.