What we are going to discuss in this branch of law is to answer to these question: what are our rights and duties? And in facing the problems how can we settle our disputes in a civilized and logical way?
Here there is another main division: substantive and procedural law. Substantive law is a part of applicable law and in fact essence of it which defines rights and obligations. For instance consider 18 years old boy whose father is dead and he has a mother, an aunt, a girlfriend, a car and a house; he is Persian and lives in Tehran. In order to be a little familiar with the concept of substantive law I want to ask you a few questions: how much will he inherit? Will his aunt heir anything? Should he remain in custody of his mother? Dose his girlfriend have any right to ask him for money? What if his girlfriend becomes his wife? Does he have to be able to afford her clothes, foods, house, etc.?Or even a servant for her? What if he unintentionally kills someone? Is he qualified to be a member of parliament, mayor or president? Can he vote in any elections? These and millions of questions can arise about a single person in a society which should be responded by substantive law; in fact every matter that is qualified to be a subject of law Is a beehive with a millions of potential sectors; every sector in facing with another sector of a subject of law can arise a lot of question; it may sound a little abstract! Consider that boy and girl in our previous case as two beehives with characters which have already explained: let's know something about our imaginary girl: she is 16 years old, she has a father and grandfather, in her father's house she has an exclusive servant, etc.
Everybody has a lot of relations with a lot of humans, things or even abstract rights called intellectual properties; in each case we should examine a lot of other situations and relations to respond a single legal question that can be the same in other sciences with different elements. For example in responding our earlier question about servant, by these elements in girl's life and based on our current law we should say yes.
What I'm trying to say is this: in all substantive divisions of applicable law whether domestic or international such as tort, property, contract, criminal, public international law, etc. we are trying to locate a place for rights and duties and define them.
In procedural law we define ways to show how a person whose right is violated or claims whose right has been violated should return to his or her previous location in the plan of rights and duties; in order to understand better consider this case: A's leg is broken unintentionally when B was riding a bicycle; in this case that is a case of tort law, A's right (health)is violated, B refuses to pay for his curing costs thus A has no resort unless public forces; he wants to go to the court, but what should he do there? How should he start to sue? How should he handle in the middle of it and how should he finish it? We use rules to do our jobs regularly, assume what would happen if we didn't have rules in courts? In our case B can deny hurting A, to getting his right back what can A do? Is testifying acceptable in this case? What kind of evidence can help him? Is it possible to torture B to get confession from him? Is it possible for judge to be a member of family of one of them? Can court sentence even if B refuses to come to court? For starting to sue who should pay? Although by these questions you may think we are defining rights and duties so we are in substantive division of applicable law, but you should not forgot that these rules are not in position of locating rights and obligations, they are just trying to show how we can again achieve our rights.
In simplest language procedural law is established to help suitor, litigant and society (by prosecutor's deputy) to save their rights.
By this little introduction we can enter applicable law and this would be our future discussions plan: first we will start with civil matters and its procedure, then we will continue with commercial law, afterwards criminal law and its procedure, then public law and private international law; then we will leave our country to see what is going on in the world by examine public international law, and at the end we would consider human as a human being in respect of human law. Please follow us to give us enough strength and hope to move forward. Bye bye….
Here there is another main division: substantive and procedural law. Substantive law is a part of applicable law and in fact essence of it which defines rights and obligations. For instance consider 18 years old boy whose father is dead and he has a mother, an aunt, a girlfriend, a car and a house; he is Persian and lives in Tehran. In order to be a little familiar with the concept of substantive law I want to ask you a few questions: how much will he inherit? Will his aunt heir anything? Should he remain in custody of his mother? Dose his girlfriend have any right to ask him for money? What if his girlfriend becomes his wife? Does he have to be able to afford her clothes, foods, house, etc.?Or even a servant for her? What if he unintentionally kills someone? Is he qualified to be a member of parliament, mayor or president? Can he vote in any elections? These and millions of questions can arise about a single person in a society which should be responded by substantive law; in fact every matter that is qualified to be a subject of law Is a beehive with a millions of potential sectors; every sector in facing with another sector of a subject of law can arise a lot of question; it may sound a little abstract! Consider that boy and girl in our previous case as two beehives with characters which have already explained: let's know something about our imaginary girl: she is 16 years old, she has a father and grandfather, in her father's house she has an exclusive servant, etc.
Everybody has a lot of relations with a lot of humans, things or even abstract rights called intellectual properties; in each case we should examine a lot of other situations and relations to respond a single legal question that can be the same in other sciences with different elements. For example in responding our earlier question about servant, by these elements in girl's life and based on our current law we should say yes.
What I'm trying to say is this: in all substantive divisions of applicable law whether domestic or international such as tort, property, contract, criminal, public international law, etc. we are trying to locate a place for rights and duties and define them.
In procedural law we define ways to show how a person whose right is violated or claims whose right has been violated should return to his or her previous location in the plan of rights and duties; in order to understand better consider this case: A's leg is broken unintentionally when B was riding a bicycle; in this case that is a case of tort law, A's right (health)is violated, B refuses to pay for his curing costs thus A has no resort unless public forces; he wants to go to the court, but what should he do there? How should he start to sue? How should he handle in the middle of it and how should he finish it? We use rules to do our jobs regularly, assume what would happen if we didn't have rules in courts? In our case B can deny hurting A, to getting his right back what can A do? Is testifying acceptable in this case? What kind of evidence can help him? Is it possible to torture B to get confession from him? Is it possible for judge to be a member of family of one of them? Can court sentence even if B refuses to come to court? For starting to sue who should pay? Although by these questions you may think we are defining rights and duties so we are in substantive division of applicable law, but you should not forgot that these rules are not in position of locating rights and obligations, they are just trying to show how we can again achieve our rights.
In simplest language procedural law is established to help suitor, litigant and society (by prosecutor's deputy) to save their rights.
By this little introduction we can enter applicable law and this would be our future discussions plan: first we will start with civil matters and its procedure, then we will continue with commercial law, afterwards criminal law and its procedure, then public law and private international law; then we will leave our country to see what is going on in the world by examine public international law, and at the end we would consider human as a human being in respect of human law. Please follow us to give us enough strength and hope to move forward. Bye bye….
man!u r a genius!how could u explain all that stuff in this easy way of yours is killing me.you have written perfectly comprehensible.thanks and...why not forget about law for a little while and write some other stuff?like a story?or a page of your diary?or anything but LLLAAAWWWW?bye bye
پاسخحذفhey dude
پاسخحذفyeah, not bad at least for a while
thanks again