Legal systems in various societies have emphasized on state intervention by enacting special laws... more Legal systems in various societies have emphasized on state intervention by enacting special laws to protect the victims of domestic sexual violence. In Iran, lack of criminalization of sexual/domestic violence, especially domestic sexual violence, has caused challenges in recognizing the victimization of this type of violence in the courts. The main question of this research is how the criminal justice system of Iran reacts to the phenomenon of domestic violence and what mechanisms support women as victims of this type of violence. To answer this question, a qualitative approach and a case study method including deep interviews with 15 victims, 10 criminal justice judges and a content analysis of 15 cases in Tehran province have been used. The findings indicate that women's criminal complaints often fail to be responded under this title, which has resulted in prohibition of prosecution. It could be said that only the cases of injury and damage would lead to punishment. In pract...
تحولات علوم انسانی در چند دهه اخیر منجر به تغییر نگرش نسبت به کودکان و تصویب کنوانسیون حقوق کودک ... more تحولات علوم انسانی در چند دهه اخیر منجر به تغییر نگرش نسبت به کودکان و تصویب کنوانسیون حقوق کودک (1989) گردید. محققان با الهام از ماده 12 کنوانسیون حقوق کودک به منظور کاهش آثار منفی طلاق بر کودکان، خواهان مشارکت هر چه بیشتر آنان در مراحل دادرسی خانواده شدند. مقاله حاضر با روش " توصیفی – تحلیلی" و با بهره گیری از روش تحلیل محتوا آرای محاکم ایران، اصول مشترک حاکم بر دادگاه‌های خانواده در خصوص اعطای حضانت را استخراج و ظرفیت های قانونی "حق شنیده شدن صدای کودکان" درمحاکم خانواده ایران را تحلیل می نماید. یافته‌ها نشان می‌دهد در زمینه شنیده شدن صدای کودکان و مشارکت دادن آنها در دادرسی خانواده، سه رویکرد حق محور (موافقان)، مصلحت محور (مخالفان) و تلفیقی وجود دارد. رویکرد حق محور، با استناد به حقوق بنیادینی نظیر برابری، کرامت انسانی و.. بر ضرورت مشارکت کودکان در فرایند دادرسی تاکید دارد. رویکرد مصلحت محور، ورود به مهلکه جدال والدین در حین طلاق را به مصلحت کودکان ندانسته و آسیب زا میداند. اما رویکرد سوم با اولویت سلامت کودک، حق شنیده شدن او را ضروری میداند. پژوهش حاضر نش...
The challenge between international law and the Iranian legal system has always been a controvers... more The challenge between international law and the Iranian legal system has always been a controversial issue, either at domestic or international level. These challenges not only are related to the ideological and theoretical differences, but also the incorporation and implementation of international obligations (from the practical perspective) have always been faced with various difficulties. An analysis of the rules on the incorporation of international law in the Iranian law, along with the status of international law within the Iranian law show that only a limited direct use can be made of international law in Iran. Consequently, this issue has influenced the practical impact of international conventions at domestic level. This is the case, particularly, when the human rights treaties deal with issues such as the rights of women, sexual crimes, etc. While to date, much research has been conducted to criticize the human rights instruments, very limited research has addressed this i...
The topic of recording real estate transactions and the documentation of the rights of all partie... more The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Security” in transactions requires establishing priority for recorded transactions and observing rights concerning unrecorded ones. This means that the developed form of the recording system must move from “static security” to “dynamic security” in order to protect public interests instead of private ones. In reviewing the Iranian legal system, the bases of “Dynamic Security” can identified in various laws related to the recording of real estate transactions that legally recognize formal deeds and recorded rights. However, since these bases have not been theorized yet, there is not enough sanction to guarantee the enforcement of this theory. In...
International Journal of Academic Research in Economics and Management Sciences, 2016
The issue of security and stability of real properties' legal situation is a political, economic,... more The issue of security and stability of real properties' legal situation is a political, economic, and social matter in most countries, including Iran. Disputes in this area along with its unpredictable verdicts are among the most complicated matters in each legal system. That is why the legislature is always expected to pass suitable and effective laws, in order to assure stability and security of the owners and transferees of real property rights. This requires the legislation and judicial system of each country to know the expected functions from land registration system as well as legal basics of registration regulations and managing land information. Otherwise, the security and stability of real properties' legal situation will not be ensured which will directly influence both the market of real property transactions and the economic growth. The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system. In doing so, it examines the historical and theoretical basics of land registration system, showing-in turn-that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to
Attention to sexual harassment at workplace is a new phenomenon which has been the focus of resea... more Attention to sexual harassment at workplace is a new phenomenon which has been the focus of researchers since the 1970s. There are many models and theories to explain sexual causes, most of which have socio-cultural, biological and personality roots, as well as organizational and cognitive origins. Recently, a multi-factor model has combined all factors to investigate this phenomenon. In this article, we have conducted in-depth interviews with 31 sexual harassment victims (with age groups ranging from 23 to 47). Applying the Snowball Method, the study found what the members of the focus group described their experiences and it analyzed the sexual harassment based on patterns and theories. In response to causes of sexual harassment, the findings of this study show that biological, social, cultural, organizational, and cognitive factors are effective but not sufficient in themselves and a multifactorial pattern can be used to explain the influential variables of this phenomenon.
Users may download and print one copy of any publication from the public portal for the purpose o... more Users may download and print one copy of any publication from the public portal for the purpose of private study or research You may not further distribute the material or use it for any profit-making activity or commercial gain You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
In Islam, "wisdom" or "intellect" is one the greatest gifts humankind can
enjoy. With regard to I... more In Islam, "wisdom" or "intellect" is one the greatest gifts humankind can enjoy. With regard to Islamic law, intellect can be considered as an important source of Islamic jurisprudence principles in developing and up-to-dating the provisions of Islamic law. However, there have always been different ideas regarding this topic. Some scholars believe that intellect has no position in the sources of Islamic law and only the text of the Quran and the tradition of the Prophet should be followed. On the other hand, by referring to Islamic texts, it will be clear that the legislator (God) has always encouraged thinking and understanding. Therefore, intellect has acquired such a high position in Islamic teachings that it resulted in creation of one of the most basic principles in Islamic law, which means “All governed by the rule of reason and intellect will be ruled by Islamic law”. The main part of this paper will be dedicated to explaining the position of “intellect” in Islamic teaching and the credibility of “intellect” as an important source of Islamic jurisprudence. Secondly, it will be discussed that “wisdom” and “logic" themselves lead us to have the ability to discover and differentiate between good and bad actions. Finally, this paper will conclude that by applying the requirements and creative aspects of this important source of Islamic law, it will be possible to adopt Islamic regulation in accordance with new developments in the world and protect of women victims’ rights in context of Islamic legal system.
The issue of security and stability of real properties’ legal situation is a political, economic,... more The issue of security and stability of real properties’ legal situation is a political, economic, and social matter in most countries, including Iran. Disputes in this area along with its unpredictable verdicts are among the most complicated matters in each legal system. That is why the legislature is always expected to pass suitable and effective laws, in order to assure stability and security of the owners and transferees of real property rights. This requires the legislation and judicial system of each country to know the expected functions from land registration system as well as legal basics of registration regulations and managing land information. Otherwise, the security and stability of real properties’ legal situation will not be ensured which will directly influence both the market of real property transactions and the economic growth. The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system. In doing so, it examines the historical and theoretical basics of land registration system, showing –in turn—that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to legally protect the owner of registered right.(legal claims administration) Both functions could be realized within the framework of public confidence theory and its consequence. Reviewing Iranian registration law clearly shows that although this theory along with its results are not known in Iranian legal literature, the legislature has considered it when ratifying this law and the principles of this theory can be seen in different articles of Iranian registration law. However, lawyers and judges’ lack of knowledge about the “basic framework of real property registration system” as well as “the independence of real property registration law from civil law system” has caused the relative regulations be practically interpreted in real property disputes without paying any attention to this theory and its principles. This prevents achieving the expected functions of the registration system. However, this paper concludes that through conceptual development of this theory as well as its recognition by the legal system, it becomes possible to achieve such functions.
Privacy is one of the important parameters to support personal
freedom and rights that should be ... more Privacy is one of the important parameters to support personal freedom and rights that should be provided on the basis of both international and domestic law. Lack of privacy in the court process and police investigation is the major complaint of victims of sexual offences and their family and relatives. Open investigation, the request to explain details involving their personal and family life, disclosure of private information and interference with physical, mental or moral integrity are examples of privacy violation in the process of criminal investigation. The failure to treat the victim’s privacy respectfully on the part of authorities can lead to the risk of secondary victimization. The purpose of this paper is to analyze how the right to privacy has been protected under international law and the Iranian legal system, particularly with regard to victims of rape. The paper is divided into three main parts. The first part analyses the definition and aspects of privacy and the consequences of privacy violations. The second part explains how International law supports and recognizes the right of privacy. In the end, some examples of the Iranian legislative approach to protect this right will be analyzed. This paper will conclude that although the Iranian legislative system is familiar with the right to privacy and stipulates some protective strategies in different laws, this right has not been properly implemented in practice. Finally, this paper proposes to extend the conceptual framework of privacy and offers some suggestions to improve protective strategies.
Legal systems in various societies have emphasized on state intervention by enacting special laws... more Legal systems in various societies have emphasized on state intervention by enacting special laws to protect the victims of domestic sexual violence. In Iran, lack of criminalization of sexual/domestic violence, especially domestic sexual violence, has caused challenges in recognizing the victimization of this type of violence in the courts. The main question of this research is how the criminal justice system of Iran reacts to the phenomenon of domestic violence and what mechanisms support women as victims of this type of violence. To answer this question, a qualitative approach and a case study method including deep interviews with 15 victims, 10 criminal justice judges and a content analysis of 15 cases in Tehran province have been used. The findings indicate that women's criminal complaints often fail to be responded under this title, which has resulted in prohibition of prosecution. It could be said that only the cases of injury and damage would lead to punishment. In pract...
تحولات علوم انسانی در چند دهه اخیر منجر به تغییر نگرش نسبت به کودکان و تصویب کنوانسیون حقوق کودک ... more تحولات علوم انسانی در چند دهه اخیر منجر به تغییر نگرش نسبت به کودکان و تصویب کنوانسیون حقوق کودک (1989) گردید. محققان با الهام از ماده 12 کنوانسیون حقوق کودک به منظور کاهش آثار منفی طلاق بر کودکان، خواهان مشارکت هر چه بیشتر آنان در مراحل دادرسی خانواده شدند. مقاله حاضر با روش " توصیفی – تحلیلی" و با بهره گیری از روش تحلیل محتوا آرای محاکم ایران، اصول مشترک حاکم بر دادگاه‌های خانواده در خصوص اعطای حضانت را استخراج و ظرفیت های قانونی "حق شنیده شدن صدای کودکان" درمحاکم خانواده ایران را تحلیل می نماید. یافته‌ها نشان می‌دهد در زمینه شنیده شدن صدای کودکان و مشارکت دادن آنها در دادرسی خانواده، سه رویکرد حق محور (موافقان)، مصلحت محور (مخالفان) و تلفیقی وجود دارد. رویکرد حق محور، با استناد به حقوق بنیادینی نظیر برابری، کرامت انسانی و.. بر ضرورت مشارکت کودکان در فرایند دادرسی تاکید دارد. رویکرد مصلحت محور، ورود به مهلکه جدال والدین در حین طلاق را به مصلحت کودکان ندانسته و آسیب زا میداند. اما رویکرد سوم با اولویت سلامت کودک، حق شنیده شدن او را ضروری میداند. پژوهش حاضر نش...
The challenge between international law and the Iranian legal system has always been a controvers... more The challenge between international law and the Iranian legal system has always been a controversial issue, either at domestic or international level. These challenges not only are related to the ideological and theoretical differences, but also the incorporation and implementation of international obligations (from the practical perspective) have always been faced with various difficulties. An analysis of the rules on the incorporation of international law in the Iranian law, along with the status of international law within the Iranian law show that only a limited direct use can be made of international law in Iran. Consequently, this issue has influenced the practical impact of international conventions at domestic level. This is the case, particularly, when the human rights treaties deal with issues such as the rights of women, sexual crimes, etc. While to date, much research has been conducted to criticize the human rights instruments, very limited research has addressed this i...
The topic of recording real estate transactions and the documentation of the rights of all partie... more The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Security” in transactions requires establishing priority for recorded transactions and observing rights concerning unrecorded ones. This means that the developed form of the recording system must move from “static security” to “dynamic security” in order to protect public interests instead of private ones. In reviewing the Iranian legal system, the bases of “Dynamic Security” can identified in various laws related to the recording of real estate transactions that legally recognize formal deeds and recorded rights. However, since these bases have not been theorized yet, there is not enough sanction to guarantee the enforcement of this theory. In...
International Journal of Academic Research in Economics and Management Sciences, 2016
The issue of security and stability of real properties' legal situation is a political, economic,... more The issue of security and stability of real properties' legal situation is a political, economic, and social matter in most countries, including Iran. Disputes in this area along with its unpredictable verdicts are among the most complicated matters in each legal system. That is why the legislature is always expected to pass suitable and effective laws, in order to assure stability and security of the owners and transferees of real property rights. This requires the legislation and judicial system of each country to know the expected functions from land registration system as well as legal basics of registration regulations and managing land information. Otherwise, the security and stability of real properties' legal situation will not be ensured which will directly influence both the market of real property transactions and the economic growth. The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system. In doing so, it examines the historical and theoretical basics of land registration system, showing-in turn-that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to
Attention to sexual harassment at workplace is a new phenomenon which has been the focus of resea... more Attention to sexual harassment at workplace is a new phenomenon which has been the focus of researchers since the 1970s. There are many models and theories to explain sexual causes, most of which have socio-cultural, biological and personality roots, as well as organizational and cognitive origins. Recently, a multi-factor model has combined all factors to investigate this phenomenon. In this article, we have conducted in-depth interviews with 31 sexual harassment victims (with age groups ranging from 23 to 47). Applying the Snowball Method, the study found what the members of the focus group described their experiences and it analyzed the sexual harassment based on patterns and theories. In response to causes of sexual harassment, the findings of this study show that biological, social, cultural, organizational, and cognitive factors are effective but not sufficient in themselves and a multifactorial pattern can be used to explain the influential variables of this phenomenon.
Users may download and print one copy of any publication from the public portal for the purpose o... more Users may download and print one copy of any publication from the public portal for the purpose of private study or research You may not further distribute the material or use it for any profit-making activity or commercial gain You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
In Islam, "wisdom" or "intellect" is one the greatest gifts humankind can
enjoy. With regard to I... more In Islam, "wisdom" or "intellect" is one the greatest gifts humankind can enjoy. With regard to Islamic law, intellect can be considered as an important source of Islamic jurisprudence principles in developing and up-to-dating the provisions of Islamic law. However, there have always been different ideas regarding this topic. Some scholars believe that intellect has no position in the sources of Islamic law and only the text of the Quran and the tradition of the Prophet should be followed. On the other hand, by referring to Islamic texts, it will be clear that the legislator (God) has always encouraged thinking and understanding. Therefore, intellect has acquired such a high position in Islamic teachings that it resulted in creation of one of the most basic principles in Islamic law, which means “All governed by the rule of reason and intellect will be ruled by Islamic law”. The main part of this paper will be dedicated to explaining the position of “intellect” in Islamic teaching and the credibility of “intellect” as an important source of Islamic jurisprudence. Secondly, it will be discussed that “wisdom” and “logic" themselves lead us to have the ability to discover and differentiate between good and bad actions. Finally, this paper will conclude that by applying the requirements and creative aspects of this important source of Islamic law, it will be possible to adopt Islamic regulation in accordance with new developments in the world and protect of women victims’ rights in context of Islamic legal system.
The issue of security and stability of real properties’ legal situation is a political, economic,... more The issue of security and stability of real properties’ legal situation is a political, economic, and social matter in most countries, including Iran. Disputes in this area along with its unpredictable verdicts are among the most complicated matters in each legal system. That is why the legislature is always expected to pass suitable and effective laws, in order to assure stability and security of the owners and transferees of real property rights. This requires the legislation and judicial system of each country to know the expected functions from land registration system as well as legal basics of registration regulations and managing land information. Otherwise, the security and stability of real properties’ legal situation will not be ensured which will directly influence both the market of real property transactions and the economic growth. The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system. In doing so, it examines the historical and theoretical basics of land registration system, showing –in turn—that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to legally protect the owner of registered right.(legal claims administration) Both functions could be realized within the framework of public confidence theory and its consequence. Reviewing Iranian registration law clearly shows that although this theory along with its results are not known in Iranian legal literature, the legislature has considered it when ratifying this law and the principles of this theory can be seen in different articles of Iranian registration law. However, lawyers and judges’ lack of knowledge about the “basic framework of real property registration system” as well as “the independence of real property registration law from civil law system” has caused the relative regulations be practically interpreted in real property disputes without paying any attention to this theory and its principles. This prevents achieving the expected functions of the registration system. However, this paper concludes that through conceptual development of this theory as well as its recognition by the legal system, it becomes possible to achieve such functions.
Privacy is one of the important parameters to support personal
freedom and rights that should be ... more Privacy is one of the important parameters to support personal freedom and rights that should be provided on the basis of both international and domestic law. Lack of privacy in the court process and police investigation is the major complaint of victims of sexual offences and their family and relatives. Open investigation, the request to explain details involving their personal and family life, disclosure of private information and interference with physical, mental or moral integrity are examples of privacy violation in the process of criminal investigation. The failure to treat the victim’s privacy respectfully on the part of authorities can lead to the risk of secondary victimization. The purpose of this paper is to analyze how the right to privacy has been protected under international law and the Iranian legal system, particularly with regard to victims of rape. The paper is divided into three main parts. The first part analyses the definition and aspects of privacy and the consequences of privacy violations. The second part explains how International law supports and recognizes the right of privacy. In the end, some examples of the Iranian legislative approach to protect this right will be analyzed. This paper will conclude that although the Iranian legislative system is familiar with the right to privacy and stipulates some protective strategies in different laws, this right has not been properly implemented in practice. Finally, this paper proposes to extend the conceptual framework of privacy and offers some suggestions to improve protective strategies.
Uploads
Papers by hajar Azari
enjoy. With regard to Islamic law, intellect can be considered as an
important source of Islamic jurisprudence principles in developing and
up-to-dating the provisions of Islamic law. However, there have always
been different ideas regarding this topic. Some scholars believe that
intellect has no position in the sources of Islamic law and only the text of
the Quran and the tradition of the Prophet should be followed. On the
other hand, by referring to Islamic texts, it will be clear that the legislator
(God) has always encouraged thinking and understanding. Therefore,
intellect has acquired such a high position in Islamic teachings that it
resulted in creation of one of the most basic principles in Islamic law,
which means “All governed by the rule of reason and intellect will be
ruled by Islamic law”. The main part of this paper will be dedicated to
explaining the position of “intellect” in Islamic teaching and the
credibility of “intellect” as an important source of Islamic jurisprudence.
Secondly, it will be discussed that “wisdom” and “logic" themselves lead
us to have the ability to discover and differentiate between good and
bad actions. Finally, this paper will conclude that by applying the
requirements and creative aspects of this important source of Islamic
law, it will be possible to adopt Islamic regulation in accordance with
new developments in the world and protect of women victims’ rights in
context of Islamic legal system.
The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system.
In doing so, it examines the historical and theoretical basics of land registration system, showing –in turn—that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to legally protect the owner of registered right.(legal claims administration) Both functions could be realized within the framework of public confidence theory and its consequence.
Reviewing Iranian registration law clearly shows that although this theory along with its results are not known in Iranian legal literature, the legislature has considered it when ratifying this law and the principles of this theory can be seen in different articles of Iranian registration law. However, lawyers and judges’ lack of knowledge about the “basic framework of real property registration system” as well as “the independence of real property registration law from civil law system” has caused the relative regulations be practically interpreted in real property disputes without paying any attention to this theory and its principles. This prevents achieving the expected functions of the registration system. However, this paper concludes that through conceptual development of this theory as well as its recognition by the legal system, it becomes possible to achieve such functions.
freedom and rights that should be provided on the basis of both
international and domestic law. Lack of privacy in the court process and
police investigation is the major complaint of victims of sexual offences and
their family and relatives. Open investigation, the request to explain details
involving their personal and family life, disclosure of private information
and interference with physical, mental or moral integrity are examples of
privacy violation in the process of criminal investigation. The failure to
treat the victim’s privacy respectfully on the part of authorities can lead to
the risk of secondary victimization. The purpose of this paper is to analyze
how the right to privacy has been protected under international law and the
Iranian legal system, particularly with regard to victims of rape. The paper
is divided into three main parts. The first part analyses the definition and
aspects of privacy and the consequences of privacy violations. The second
part explains how International law supports and recognizes the right of
privacy. In the end, some examples of the Iranian legislative approach to
protect this right will be analyzed. This paper will conclude that although
the Iranian legislative system is familiar with the right to privacy and
stipulates some protective strategies in different laws, this right has not
been properly implemented in practice. Finally, this paper proposes to
extend the conceptual framework of privacy and offers some suggestions to
improve protective strategies.
enjoy. With regard to Islamic law, intellect can be considered as an
important source of Islamic jurisprudence principles in developing and
up-to-dating the provisions of Islamic law. However, there have always
been different ideas regarding this topic. Some scholars believe that
intellect has no position in the sources of Islamic law and only the text of
the Quran and the tradition of the Prophet should be followed. On the
other hand, by referring to Islamic texts, it will be clear that the legislator
(God) has always encouraged thinking and understanding. Therefore,
intellect has acquired such a high position in Islamic teachings that it
resulted in creation of one of the most basic principles in Islamic law,
which means “All governed by the rule of reason and intellect will be
ruled by Islamic law”. The main part of this paper will be dedicated to
explaining the position of “intellect” in Islamic teaching and the
credibility of “intellect” as an important source of Islamic jurisprudence.
Secondly, it will be discussed that “wisdom” and “logic" themselves lead
us to have the ability to discover and differentiate between good and
bad actions. Finally, this paper will conclude that by applying the
requirements and creative aspects of this important source of Islamic
law, it will be possible to adopt Islamic regulation in accordance with
new developments in the world and protect of women victims’ rights in
context of Islamic legal system.
The paper attempts to explain the legal position of the fundamental theory of land registration system, so called public confidence theory, as well as its position in Iranian land registration system. This answers the question whether deeds and real property registration system in Iran is compatible with above mentioned theory, which provides the expected functions of the registration and manages accuracy of information contained in the system.
In doing so, it examines the historical and theoretical basics of land registration system, showing –in turn—that in order to ensure legal stability and security in land transactions two basic functions are expected from land administration system: firstly it should provide tools to present valid and indefeasible information (information administration) and, secondly it has to legally protect the owner of registered right.(legal claims administration) Both functions could be realized within the framework of public confidence theory and its consequence.
Reviewing Iranian registration law clearly shows that although this theory along with its results are not known in Iranian legal literature, the legislature has considered it when ratifying this law and the principles of this theory can be seen in different articles of Iranian registration law. However, lawyers and judges’ lack of knowledge about the “basic framework of real property registration system” as well as “the independence of real property registration law from civil law system” has caused the relative regulations be practically interpreted in real property disputes without paying any attention to this theory and its principles. This prevents achieving the expected functions of the registration system. However, this paper concludes that through conceptual development of this theory as well as its recognition by the legal system, it becomes possible to achieve such functions.
freedom and rights that should be provided on the basis of both
international and domestic law. Lack of privacy in the court process and
police investigation is the major complaint of victims of sexual offences and
their family and relatives. Open investigation, the request to explain details
involving their personal and family life, disclosure of private information
and interference with physical, mental or moral integrity are examples of
privacy violation in the process of criminal investigation. The failure to
treat the victim’s privacy respectfully on the part of authorities can lead to
the risk of secondary victimization. The purpose of this paper is to analyze
how the right to privacy has been protected under international law and the
Iranian legal system, particularly with regard to victims of rape. The paper
is divided into three main parts. The first part analyses the definition and
aspects of privacy and the consequences of privacy violations. The second
part explains how International law supports and recognizes the right of
privacy. In the end, some examples of the Iranian legislative approach to
protect this right will be analyzed. This paper will conclude that although
the Iranian legislative system is familiar with the right to privacy and
stipulates some protective strategies in different laws, this right has not
been properly implemented in practice. Finally, this paper proposes to
extend the conceptual framework of privacy and offers some suggestions to
improve protective strategies.