https://www.raayjournal.ir/ Ray (Judicial Case Review) en daily 1 Fri, 21 Jun 2024 00:00:00 +0330 Fri, 21 Jun 2024 00:00:00 +0330 https://www.raayjournal.ir/article_736232.html The legislator's silence in defining the nature of the counterclaim and the possibility of presenting it in proceeding of protest to default judgment has created two different and conflicting procedures in the courts. Since the protest to default judgment is a continuation of the first hearing in which the defendant was absent, in order to protect the principle of equality of litigants, it should be accepted that the plaintiff of protest to default judgment has all the rights of the defendant. Therefore, considering that in the current procedural law system, the manner and extent of the court intervention in the hearing of the protest to default judgment only implies the confirmation or annulation of the default judgment, sometimes and in some procedures, despite the defensive nature of the counterclaim, the defendant has the right to consider the pleading that he was deprived of filing that lawsuit. https://www.raayjournal.ir/article_736233.html Establishing quasi-judicial authorities alongside judicial authorities settle disputes with a similar function, has many advantages. These benefits, in addition to reducing the number of cases in the judicial system, absence of special formalities, little cost and its availability, provide welfare of the citizens. In addition to fulfilling such benefits, the rights of individuals must also be protected. This protection is achieved by using patterns that supervise the implementation of fair administrative proceedings. The question is, to what extent has commission followed these principles? What is the jurisdiction of this authority? Does the Supreme Court provide a clear position in this matter? The investigation shows that the optimal quality of fair proceedings has not been taken into account in this commission, and there are doubts even about the issuing of judgments. On the other hand, the competence of the mentioned authority, although it is based on the exclusiveness of the competence of the specialized authorities compared to the courts of justice, should be interpreted in the position of the text, but the basis of the formation of these authorities and the context of the phrases used in the governing regulation, give results that Supreme Court has not interpreted its jurisdiction correctly. https://www.raayjournal.ir/article_736234.html Monitoring the arbitrator's decision is one of the most challenging legal issues in the Iranian legal system. A process that simultaneously involves conceptual and substantive doubt. However, in the court's supervision during the hearing of the annulment action against the arbitrator's award and with some hesitation during the consideration of the request for enforcement of the arbitration award; legal writings and judicial procedure are both stories. On the other hand, the legislator, in Article 485 of the Civil Procedure Code, has considered the notification of an arbitration award to require a court order. An approach that clearly reveals the judicial nature of this process. Therefore, it is logical that the court has the right to control it when faced with a request to notify the arbitrator's award. The First Branch of the General Court of Qale-e-Nou District has followed this path and supported the court's supervision. https://www.raayjournal.ir/article_736235.html Termination of Contract and claim damages along with it, among the most challenging lawsuits in the field of “Lex Sportiva”. Challenges begin when the entitlement to the effects of exercising the right of termination, including the demand for damages based on the evidence and circumstances of the case, is not so severe as to result in his entitlement to receive damages close to the total amount of the contract. In the case of Marc Wilmots v. Islamic Republic of Iran Football Federation, the Players’ Status Committee, has identified his entitlement to terminate the contract concluded on the basis of a a “just cause” and consequently decided to partially accepted the claim of Mr. Wilmots and award him the amount of EUR 6,137,500 as compensation for breach of contract plus 5% interest p.a, as from 21 January 2020 until the date of effective payment.According to the author, Wilmots entitlement to having the right to terminate is verifiable, but the conflicting attitude of the Committee in not paying attention to “objective criteria” in determining the amount of damage, contrary to the acceptance of these criteria in the justification of the termination, is unacceptable. thus, in the sports law of Iran through the theory of “Leaving paradise of football”, the adoption of more effective decisions is recommended especially for the termination of the contract.The approach of this article in the research is Descriptive-Analytical study.Keywords: Termination, Just Cause, Compensation, Objective Criteria, Paradise of Football. https://www.raayjournal.ir/article_736236.html In the crime of bribery, while meeting the three legal, act and mens rea, according to Article 3 of the law it is necessary that the money collected by the briber is in line with the performance of his duties. According to the law the authority to change the use of agricultural and garden lands located within the boundaries of the sanctuary and outside of it is the responsibility of the commission, and according to article 71 of the law and the regulations of Islamic councils, duties and powers The Islamic Council of the city has been counted and all its functions are of a supervisory nature, therefore, taking money in this regard by the city council is not subject to bribery, and in this regard, the advisory theory No. 7/1403/95 dated 02/05/1403 explicitly discourages the accusatory behavior from Article three of the law. From the criminological, the long-term prison sentence issued has no corrective effect, and there is doubt about its deterrent role, and it is in conflict with the principle of individuality of the punishment. Supplementary punishment must be proportionate to the behavior committed by the criminal and it is imposed when the original punishment is not enough and determining the most severe punishment by the court eliminates the need to determine the supplementary punishment and on the other hand the obligation to perform free public services in an institution The study method of this article is descriptive-analytical and document method, which tries to find out the answer to the research question, whether according to the supervisory responsibility of the city council, the collection of money by the member of the council in line with the executive duties, through writing slips and reading the library. Is agricultural jihad subject to bribery or not? https://www.raayjournal.ir/article_736237.html Les marques ont été légiférées afin de faciliter la reconnaissance de l'origine des produits, afin que le consommateur puisse distinguer les produits qui ont une seule origine et par conséquent ont la même qualité des produits similaires, et avec ce crédit, la distinction est une logique Le chapitre sur la marque déposée est très important.Dans de nombreux systèmes juridiques, une définition claire de la distinction sectionnelle n'a pas été fournie et les tribunaux ont adopté des procédures différentes pour la définir. Entre-temps, en examinant la jurisprudence comparée, il est possible d'identifier une théorie sur la base de laquelle la distinction sectionnelle est de nature discutable. . et ne s'excluent pas mutuellement, et pour cette raison, le soutien du législateur aux marques peut être différent selon le degré de différenciation de leurs parties. L'examen de cette théorie dans les lois iraniennes sur les marques ne peut être inutile. https://www.raayjournal.ir/article_736238.html One of the most important results of sanctions on Iran's economic system is the creation of severe currency restrictions. Therefore, currency in Iran is considered a valuable commodity for storing value. On the other hand, it should be noted that due to the country's numerous foreign exchange needs and limited resources, the policy maker is always faced with serious limitations in identifying the country's needs and allocating foreign currency. These restrictions mainly show themselves in the management of the import of goods at the time of the country's general need and when the country's priority changes after the currency allocation. These two restrictions of the policymaker, which are in conflict with the principle of predictability in business, are naturally against the principle and cannot be relied upon without considering a separate commitment or a valid condition. After the contract is concluded, is it valid and valid?" This article, while examining two petitions related to a petition in the primary and appellate branches, shows that if the letters of acceptance for the exchange rate difference caused by the change of the product group or the delay in presenting the shipping documents were taken after the conclusion of the contract, it is typically an abuse of urgency. It is considered invalid. It is worth mentioning that the content of this article is purely a scientific discussion and is not in any way a reviewer of the judges issuing the verdict, and the author considers himself a student of their students. https://www.raayjournal.ir/article_718235.html Sometimes we see that the Legislature has not had such a responsible and forward-looking approach (in the form of necessary forecasts) to these cases in certain possible situations. One of these is referred to in Article 14 of the constitution.A.D.The year 2013 returns، which is quite evident in the commentary of this defect، which can be considered as the context and the added harm and importance of the present search. Here، with a descriptive and analytical yet comparative look (based on experimental data)، we are trying to understand this question by using the documentation method and libraries. if the spiritual damage and psychological damage caused by crime take a long time، it can be proven based on the data of criminal psychology and neurology. how is the ratio between crime and punishment debatable here? In these cases، the court seems to refer the case to the expert for determining the damage، but in long-term trauma caused by criminal damage، based on scientifically proven data، if provable، in the first comment of Article 14 of the code of Criminal Procedure The 2103 resolution guides the results of our investigation to first، in the current situation، including possible long-term injuries and trauma caused by the crime، the court must consider and comply with the consequences of the crime and the punishment of the perpetrator، according to the case. Second، the Legislature should also make minimum and maximum forecasts in this area to protect victims of crime (such as determining equivalent damages and... It was a way of correcting it، which the author thought could be a way of correcting it. https://www.raayjournal.ir/article_719662.html Judicial supervision is one of the best types of supervision over the actions of the executive branch, which prevents administrative institutions from encroaching on people's rights, as well as exceeding the legal powers of these institutions, thus preserving the rule of law. In the Islamic Republic of Iran, the judicial supervision of administrative actions is the responsibility of the Court of Administrative Justice. In this research, using a descriptive-analytical method, we have investigated an example of the supervision of the Administrative Court of Justice on administrative actions, and we have examined and analyzed the decision issued by the Administrative Court of Justice, the subject of which is the annulment of the decree appointing the vice president. From the point of view of the authors, the Administrative Court of Justice has the jurisdiction to deal with this issue; But it should be dealt with in the court's branches, because the decrees of appointment do not have a general legal effect. Also, the conditions stipulated in the Civil Service Management Law must be observed in relation to this appointment order, and being a political official has no effect, and the reasoning of the Administrative Court of Justice also agrees with this opinion. https://www.raayjournal.ir/article_719669.html Based on Article 190 of the Criminal Procedure Code approved in 2013, which states: “The accused may have one attorney with him during the preliminary investigation stag; it is concluded that the presence of lawyers during the preliminary investigation stage and in order to defend their client should only be with the client , and the absence of the accused will also prevent the acceptance of their representation and the performance of other legal matters. In addition to the fact that this issue is contrary to the concept of the above-mentioned article, it is also being applied in the judicial practice governing. Sometimes it is observed that in the cases presented, lawyers, while appearing without their clients in the investigation departments, request to declare their representation and study the case, and while stating that this is the client’s legal right; they insist on achieving their goal. The main question and challenge of this research is that, considering the above explanation and the application of the provisions in Article 190 of the Criminal Procedure Code and the advisory theory of the Legal Department of the Judiciary; what is the duty of the investigator in cases of encountering similar conditions and whether the order to prohibit the entry of lawyers in the aforementioned conditions is legal or not? In response to this issue, there have been two opinions; first, some who absolutely prevent the acceptance of their representation and registration in the case file until the defendant appears with him, and second, some who, in line with the defendant's legal rights and also observing the principle of interpretation in favor of the defendant, accept such bills and issue permission to read them and simply prohibit them from other legal procedures such as presenting a defense bill, obtaining copies,