Editor in Chief’s Note   

In this issue some aspects of Ashoora(the tenth day of Moharram-the day of martyrdom of Imam Hussein, peace be upon him) is set forth by editor in chief as follow: It is interesting for steersmen of judgment area to know that one of the important subjects which set forth in Ashoora sermon is the subject of justice and fairness. The words of thirst, martyrdom and humanity weren’t the only words of Ashoora, but it had been heard also the words of prayer & justice, as prayer was the word of Ashoora’ night and justice was the word of Ashoora’ day. Now by passage of 1328 years of the day of martyrdom of Imam Hussein (peace be upon him) everybody follow the same justice which said honorable Imam fought for it.
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A Selection of Latest Legal Approvals
1. The Law for Amendment of law of conservation of agricultural lands & gardens approved June 21,1996
2. The Law for Restriction of Demolition the Ministry of Education Buildings
3. Precedent Verdict No.691 dated Oct 3,2006 of General Board of Supreme Court .
4. Precedent Verdict No,692 dated Oct 10,2006 of General Board of Supreme Court concerning to necessity of having a Work Permit of Ministry of Health for producers of prescription glasses.
5. Instructions for completion of necessary judicial personnel for deprived areas amongst qualified administrative employees.
6. Executive By-law of manner of managing the security detentions.
7. Executive By-law of temporary detentions.
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Disciplinary Warning
* Judgment No.244-246 dated Sep 2,2006 drawn up by branch No…. of Judges’ Disciplinary High Court: “disciplinary violation out of lack of observe the regulations of note 1 of Article 14 of the Lessor-Lessee Act approved 1978 “
* Judgment No.232 dated Sep 4,2006 drawn up by branch No….of Judges’ Disciplinary High Court : “disciplinary violation out of issuance of judgment without holding the notification of time to defendant”
* Judgment No 230,dated Sep 2,2006 drawn up by branch No….of Judges’ Disciplinary High Court: “restitution of disciplinary violation concerning accused judge and issuance of verdict of acquittal of him”
* Judgment No 254,dated Sep 4,2006 drawn up by branch No….of Judges’ Disciplinary High Court : “judicial degradation because of investigating of counterclaim without receiving the latest defense”
* Judgment No 256,dated Sep 5,2006 drawn up by branch No….of Judges’ Disciplinary High Court : “lack of judge supervision to the registry office of the court’ affairs concerning to setting the time for investigation &….is violation”
* Judgment No.231,dated Sep 4,2006 drawn up by branch No…of Judge’ Disciplinary High Court: “plea of accused judge….traverse of a disciplinary indictment ….result of issuance of verdict of acquittal of him”
* Judgment No.204,dated Aug 20,2006 drawn up by branch No…of Judges’ Disciplinary High Court: “lack of delivering the original documents (for comparing them with the original documents) is not caused the issuance of writ of rejection by registry office of the court”
* Judgment No.326,dated Oct 23,2006 drawn up by branch No…of Judges’ Disciplinary High Court: “traverse of a disciplinary indictment and issuance of verdict of acquittal of accused judge”
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Article
prepared by legal deputy &judicial development of the Judiciary
In this issue in order to removal of hearing lengthening, some of related problems is set forth:
- Inefficiency of notification system
- Lack of quantity & quality proportion in judicial units
- Inaccessibility of judges to rules & regulation
- Lack of continuous control & inspection
- Low incentive of judges & personnel
- Lack of meeting the petitioners’ objections
- Lack of use of suitable technology
- Low quality of judges verdicts
- Lack of systematic active in assistance &guidance Units
- Absent of judges in the determined times or their hourly leaves
- Lack of suitable arrangement for sending the rogatory commission
- Use of unlegible , deficient & unintelligible words in notifications & warnings
- Carelessness of directors of offices to defects of petitions
- Invoked files and restitution them
- Unlegible & imperfect judicial inquiries
- Lack of dispatch the prisoners of Prison Affairs, on time
- Irregular system of setting the time for hearing
- Unsuitable response to inquiries by respondent authorities
- Disarrangement in judicial documents & forms
- Disappear of files or some of their papers
- Difficulties in expert reply
- Difficulties concerning to medical jurisprudence
- Powerlessness of disciplinary force in arresting the accusers
- Lack of presenting opinion of arbitrator, on time (in the case of family files)
- Nonattendance of legal representatives of departments &organizations during the hearing process
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One Vote, One Experience
Second Part
A) First section of brief of reward case of Hemophiliacs
1. Lack of providing the Blood Refinery with the Virus Removing System, is the fist section of said case. Dr.farhadi-Langrodi one of the officials of the Blood Refinery is the main accuser of this case, during the process of interrogation of the experts of Supervision of Medicine, for example Mrs Malekolketab & Mrs Monirazam Anaraki , and authorities in charge of the Blood Transfusion Organization like Dr farhadi and Dr.Sheibani (second accuser of this case)it has been revealed that Organization of Blood Transfusion without license which should be issued by Supervision of Medicine Office and without having a virus removing system was produced blood factors. So after that patients who used of said blood factors contaminated with hemophilia virus. It have been collected many documents which attached to this case and proof said claim. Meanwhile attorneys of Organization of Blood Transfusion tried to by receiving governmental inquires pretend this organization is exempted from receiving license, but legal office of Health Ministry believe that holding a license is necessary for producing blood factors by Organization of Blood Transfusion. According to Article 2 of charter of Organization of Blood Transfusion producing the various blood products with the supervision of Health Ministry, is one of the responsibilities of Organization of Blood Transfusion and technical official of said organization is bound to do it well but it is evident that until year of 1997 this organization hadn’t technical official and so during this time many tragic events took place for patient who used of said products.
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Around the Table
The following questions were discussed in the around table, the commission majority or unanimity of votes are as follows:

369-If part of a land which has been introduced as a waste land by the seven-member board, exceptionally is announced as share of its owner and then the mentioned land is settled within city limits, can the mentioned land be announced as a waste land by the commission of Article12?

Opinion of majority of votes of the members of the current commission in the session dated Nov. 23, 2006

The Commission of Article 12 has no authority to take a decision about the mentioned land again, because the seven-member board, that is part of government, determined for it before and its determination is definite. Moreover the lands which had been transferred by government since Feb.11 1989 aren’t the subject of Civic Land Act, so in the situation that the mentioned land is settled in the city limits, the commission of Article 12 act as representative of seven-member board and second consideration about the kind of mentioned land hasn’t legal justification. But if the owner of mentioned land do anything to develop it on the appointed time based on Civic Land Act his land can be returned.


370- Is executing the civic Land Law caused to halting the approving of city limits by Interior & House Ministers and its confirmation by board of ministers?

Opinion of unanimity of votes of the members of the current commission in the session dated Nov.23,2006

According to Article 2 of Civic Land Law approved Sep.13,1987,, this law apply to lands which are within the city limits ,because in conformity with single article of said law distinguishing the waste lands and revoking their documents related to lands which have been settled outside of city limits, is on the charge of Agricultural Ministry. Also said law execute based on some other laws included of Note 1 of Article 4 of Country Divisions Orders &Definitions Law approved 2003,Aarticle 99 of Law for Municipality approved 1967 and Law for Definitions of City& Suburb& Village Limits and the manner of determining it ,approved Jan.4,2005. In addition according to Article 17 of said law House Ministry is responsible for its executing.
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Writing Criticism of One Verdict
Mohammadreza Khosravi
In this part which gradually changed into serially articles we merely review the court judgments from a writing point of view but it can be reviewed technically and from a legal point of view, for example in this section we review a judgment which has rendered by public Court of Rodsar on Sep of 2005: From a technically &legally point of view this judgment is not acceptable and has many error, since it has been set forth so complicated ,the main story of case is incomprehensible .I believe that when a case has many accuser it is better to set forth the main story step by step and then continue with mentioning of the names of accusers and their charges. But from a writing or editorial point of view also this judgment has many errors as follows that many of them was mentioned in the past.
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Foreign Part
Belgium
Last part
Javad Tahmasbi
In this part the following subjects are set forth:
-Supervisory & Decision-making Authorities out of The Judiciary
1. Justice High Council
A) Jurisdictions of Justice High Council
B) Manner of choosing the members of Justice High Council
C) Board of Directors
D) Commissions
2. Court of Arbitration
A) Members of Court of Arbitration
B) Duties of Court of Arbitration
C) Judicial inquiry of Court of Arbitration
3. Governmental Council
A) The competences of Governmental
B) Hearing Formalities
C) Selecting the Governmental Council’s Judges
4. Supervisor Committees
A) R-Committee
B) P-Committee
-University & Attorneys
1. Louvain La Neuve University
2. Bar Association
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Article
Timesharing
Saeed shariati
first part
The terminology of Timesharing means that transferring the temporary ownership which based on Islamic law it is not acceptable in the form of Sale Contract.
By studying the jural texts and with regard to people common law, the terminology of sale apply to contract which based on it an original property, in lieu of something, transfer to another one and after that relation between first owner with the original property will be cut forever and instead of it the relation between the new owner and original property will be establish, in other words permanent transferring of original property is one of the main specifications of sale contract, fundamentally temporary transferring is contrary to specifications of sale contract.
The main difficulty of transaction of temporary ownership is that, the subject of such contract of settlement is consist of transferring the temporary ownership to several persons and since temporary ownership is not acceptable in Islamic law so such contract is not legitimate.
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Thesis
Prepared by Reza Bani hashemi
Acquaintance & Carrying out of Foreign Judgments in Iran & England Law:
In this thesis similarities & differences between the Iran & England law systems in the fields of acquaintance and carrying out of foreign judgments are set forth as follow:
A) Similarities:
1) The competence of court which render the judgment is recognized according to principles of International Law of two said countries. Of course it is evident that because of the existing differences of competence bases, maybe a foreign court in England be introduced as a competent court but same court (concerning to same case) be recognized as a disqualified court.
2) Finality of judgments
3) Civil subject of judgments
4) Lack of possibility for recognition & executing the tax and penal judgments.
B) Differences:
1) Reciprocal treatment: Iran courts are not authorized to issue the order for executing the foreign judgments without recognizing them, also the acceptable theoretical base of Iran law system is reciprocal treatment but it isn’t as a necessary provision in England.
2) Issuance of execution order by foreign court: this provision is expected in Iran law but on the basis of England law principles it isn’t necessary
Competence of law which is dominant over the nature of dispute: In law system of Iran considering the competence of dominant law over the nature of dispute is one of the necessary provisions but on the basis of England law system only the competence of court which render judgment is necessary .
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Article
Dr.kashani
Letter of intent hasn’t any record in religious jurisprudence and during the collecting of volume one of Civil Law in the year of 1928 was not accomplished any foresaw in the field. In the year 1928 by approving the Registration Code and people obligation for execution of an official instrument, obstacles such as finance and municipally clearance certificate caused to people tent to letter of intent. Decade of 1961 was the beginning point of using of letter of intent in contracts and it was developed gradually. During the first years(for ten years)letter of intent had not been accepted as a binding contract by the courts and the courts were not rendered a judgment regarding action for execution of an instrument. But gradually it turn into a binding instrument and during the same years before the Islamic Revolution of Iran the courts on the basis of letter of intent have rendered the judgment for execution of official instrument. However, now we face with many problems in the field of letter of intent and it seems that for preventing of interpretation and various religious jurisprudence approving a fluent law in the field is very necessary.
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