Entrapment: Absolute Prohibition or its Regularization
Shahram
Ebrahimi
Assistant Professor of Law, Shiraz university.
author
Mahmoud
Malekzadeh
M.A student of Criminology and Criminal Law, Shiraz university
author
text
article
2014
per
Entrapment is one of the common methods of crime detection but wecannot advocate absolute freedom or absolute prohibition of thistechnique in crime detection because of a conflict between two rights:community rights and individual rights. On the one hand, we need thismethod for discovering some crimes such as organized crimes. On theother hand, the absolute freedom in the use of this method would impairthe rights of individuals. In this paper, we first review the history,concept and fulfillment of the conditions of entrapment. Moreover, weanalyze the principles and cases of employing such a method in the studyof crime and the defendant. Finally, we analyze the legal position ofdifferent countries in relation to entrapment and legal position of Iran inparticular.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
1
29
https://law.tabrizu.ac.ir/article_3179_ad0108b0499e148e251bb6ffcae79e87.pdf
The Time of Recourse of Guarantor against Debtor in
Iranian and French Civil Law
Mohammad
Abuata
Assistant Professor, Semnan university
author
text
article
2014
per
In Iranian civil law, as a rule, guarantor has a right of recourse againstdebtor after satisfying the guaranteed debt. However, according tosection 709 of civil code, the guarantor also has, under specialconditions, the same right. In French civil law, under guaranty contract,the creditor has a right of recourse against each or both of guarantor andprincipal debtor. Of course, the guarantor may, by applying a specialright, compel the creditor to recourse against the principal debtor;otherwise, the guarantor himself must satisfy the debt although he willsubsequently have recourse against the debtor. Under sections 2032 and2039 of French civil code ,the guarantor, has, in several cases, a right ofrecourse against the debtor even before satisfying the debt .It appearsthat the second portion of section 709 of Iranian civil code, has inspiredfrom section 2039 (subsection 3) of French civil code and hence can besubject to criticism.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
31
48
https://law.tabrizu.ac.ir/article_3180_2f97c269da1421c31fa6d2c1a1ffafd1.pdf
The Effect of Guardianship of Heir's Kind on Manner of
Merit and Application of Inheritance of Rescission
Heydar
Bageriasl
Associate Professor, Tabriz university
author
text
article
2014
per
Although one of the public judgments of rescission in Iranian civillaw is the possibility of its transfer to heirs of deceased, there is anargument in manner of merit of heirs for inheritance of rescission andquality of its application between jurisconsults. Iranian civil law in its445 article has only specified the transferable right of rescission ofdeceased and it has remained silent on manner of merit and applicationof heirs on it. Hence, an independent research should be carried out inthis case to clarify the juridical opinion of issue in this case. Since issuesas the manner of merit of heirs from inheritance of rescission and qualityof its application from ambiguity and the judgment of issue are not clear,recent article has addressed these issues. It has acquired and presentedthe issue with the method of inference from juridical text and it hasfound the solution of both issues in guardianship of heir's kind ininheritance of rescission. This is an important finding of this research.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
49
68
https://law.tabrizu.ac.ir/article_3181_c344ce3a7e49392cce40e41883e62370.pdf
A Fresh Exploration of Natural Guardian Permission in Marriage
of Mature Virgin from the Point of View of Jurisprudence and
Statutes
Seyyed Mohammad
Sadri
Assistant professor, Payam Noor university.
author
Hamid
Zakeri
M, A student of private Law.
author
text
article
2014
per
There are disagreements in jurisprudence about guardianship inmarriage of mature virgin. However, the famous opinion is lack ofguardianship in marriage of mature virgin. Although it seems that ourlegislator has enacted in article 1043 of civil law against famous opinionand follows non-famous opinion based upon existence of guardianship inmarriage of mature virgin, surveys indicate that the last article is enactedaccording to famous opinion – “lack of guardianship in marriage ofmature virgin” – and according to this article, natural guardian does nothave any guardianship in marriage of mature virgin، and the marriage ofmature virgin without any permission is correct.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
69
91
https://law.tabrizu.ac.ir/article_3183_f18689b10a2721909d7f5ef6f2224bce.pdf
Interference of causes and inducements in Jurisprudence and
statute
Khalil
Queblehi Khuyi
Assistant Professor, Judicial Sciences University.
author
Hadi
Shabani Kandsari
M.A. in Private law, Judicial Sciences University.
author
Mohammadreza
Dashti
M.A. in Private law, Judicial Sciences University
author
text
article
2014
per
Multiplicity of provision and unity of result and its outcome which isinterference or non-interference of causes and inducements was studiedin Jurisprudence and statute in this article. The purpose of this articlewas removal of conflict in provisional sentences in which there ismultiplicity of provision and unity of result and determination of dictumof those provisional sentences from the viewpoint of interference or noninterferenceof causes and inducements. The outcome was that forremoval of conflict in these provisional sentences it should be taken intoaccount that causes and inducements wouldn’t basically interfere,whether the result is repeatable or not, unless there would be a reason forinterference. As a rule in statutes, it should be said that in various caseswhen provision is multiple and result is the same, every provision,without relying on others, causes the result to come into being, unless itscontrary is proven.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
93
117
https://law.tabrizu.ac.ir/article_3184_be977642c44ba5ecf18fb7c002fada2f.pdf
Cvitical Study about Consumable and Generative Govel to
Le Law Ful
Seyyed Ahmad
Mahmoudi
Assistant professor, Isfahan university
author
text
article
2014
per
This article deals about gavel in Islam and it's typology in perspectiveof Islamic scholars of Shi'a and Sunni, Specially, division of gavel loanto consumable and generative. After readout the ideas about generativegavel and explaining the idea of some shi'a contemporary scholars that,like sunni's scholars, says it is lawful, we evaluated the eight argumentsthey bring up for this idea. We proved that no different between two kindof gavel according to Fegh and both of them are not allowed, because thefocus of forbidding of gavel loan is provision of supernumerary fromlender and this condition is available in both. In addition, the criterion ofgavel, in Revayaat, is leaving the trade and production from lender notborrower and this is available in both. So there is no any reason to allowgenerative gavel.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
119
137
https://law.tabrizu.ac.ir/article_3185_7cda7682971df2e5c3b6efd10cba7b97.pdf
A Comparative Study of Insolidum Liability in Islamic law
and France law
Alireza
Yazdanian
Assistant professor, Isfahan university
author
Abbas
Niazi
PhD student of private Law, Isfahan university.
author
text
article
2014
per
Guaranty of payment is an important aspect of human life. Solidarityliability is well defined in Iranian law, and even though it was notprimarily desirable in Islamic law, it is currently passable. Insolidumliability was theorized to facilitate the administration of the legal rules.Insolidum liability is a kind of joint and multiple liability. It means thatthe creditor can refer to each one of the debtors for the whole debt. But itis different from joint and multiple liability owing to the fact that thereare two kinds of effect, the major one which already exists, and thesecondary effect that does not exist by absence of relation in theresponsible. The payer cannot refer to others to compensate the paymentout of his portion. This constitution is not compatible with our legalsystem but there are some cases of plurality of responsibility whichcorrespond to this constitution.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
5
v.
8
no.
2014
139
166
https://law.tabrizu.ac.ir/article_3186_329bdc441865a08cf7fc9de5b0a0947d.pdf