Journal of Legal Research

Journal of Legal Research

Measuring the Capacity of the Family Protection and Youth Population Growth Law to Realize the General Policies of Social Security: With an Emphasis on the Issue of Childbearing

Document Type : Original Article

Authors
1 PhD in Public Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran.
2 PhD Student in Public Law, Faculty of Culture and Social Sciences, Imam Hossein University, Tehran, Iran.
3 B.A in Law, Faculty of Law, Shahid Chamran University, Ahvaz, Iran..
Abstract
Following the raising of the birth rate in the 60 decade, the legislator began to formulate laws to reduce this rate, that he provided the ideal result in a short period of time. The legislator`s goal for balancing population, which was intended for a longer period of time, failed due to decreasing rapidly in the birth rate and process of this rate that continued for a long time. To rise the birth rate again and remedy its detriments, effective actions were not taken by legislator until the beginning of 90 decade. But with beginning this decade, an increasing in population laws can be observed. In this context, for example, we can mention The Protection of The Family and Youth of Population Law 1400(solar) and The General Social Security Policies 1401(solar). This article seeks to answer this question: How much capacity does The Protection of The Family and Youth of Population Law have to fulfill the goal of paragraph 8 of The General Social Security Policies? The authors have investigated this question by descriptive and analytical method and have found conflicting cases between The Protection of The Family and Youth of Population Law and The General Social Security Policies and they are on this theory that findings of this article show the consequences of this law that are not compatible with the aforementioned policies, although logically these two regulations were formulated to increase the rate of childbearing. This inconsistency can be seen in the conflict between some articles of that law and The Harmless Rule and using methods that lead to the ineffectiveness of the government in implementing its programs due to the financial burden arose as a result of the implementation of the law. Therefore, it seems necessary to amend The Protection of The Family and Youth of Population Law and remove its defects. In this regard, the authors have made suggestions for syncing this law with the paragraph 8 of The General Social Security Policies.
Keywords

  • Baughen, Simon. Shipping Law,5th.; UK:Routledge, an imprint of the Taylor & Francis Group; CPI Group (UK) Ltd; Croydon. September 2020: https://doi.org/10.4324/9781315172040 (in english)
  • Bull Hans, Jacob. “P&I INSURANCE AND CARGO LIABILITY”, master thesis, UNIVERSITY OF OSLO, 2009: 1-69. (in english)
  • Ciok, patryk, “The carrier’s liability for damage to cargo in multimodal transport with special focus on the Rotterdam Rules, Studia Iuridica Toruniensia, March 201: 23-52. DOI: http://dx.doi.org/10.12775/SIT.2016.014(in english)
  • Englundh, Erica.“Carrier Liability in Multimodal Transport”. Master Thesis of Laws program 30 higher education credits, faculty of law Lund University, Spring 2015.1-65. (in english).
  • Jia Jia, “Container Carrier’s Liability in International Multimodal,”, Thesis for the degree of Doctor of Philosophy, UNIVERSITY OF SOUTHAMPTON, FACULTY OF SOCIAL SCIENCES, September 2020), (in english)
  • Mattfeld, DIRK CHRISTIAN. The management of Transshipment Terminals Decision Support for Terminal Operations in Finished Vehicle Supply Chains, springer,2006. https://doi.org/10.1007/0-387-30854-7 (in english)

 

  • Mankabady S. “Some Legal Aspects of the Carriage of Goods by Container”, Published by Cambridge University Press on behalf of the British Institute of International and Comparative Law, The International and Comparative Law Quarterly, 23, 2(.1974),317-338. https://doi.org/10.1093/iclqaj/23.2.317 (in english)
  •  
  • M'Baye, Massaia, Evolution of carriers liability in the international carriage of goods by sea, PHD Dissertations, Maritime University, 1990(in english)
  • Niessen, Susan. The Legal Position of Terminal Operators in Hinterland Networks Mixed contracts and third parties. The Netherlands: Paris Legal Publishers, Zutphen,201. DOI: 1016/j.jtrangeo.2010.03.004(in English)
  • Olsson,“Undelivered Goods Under the Law of Carriage of Goods by Sea”. Master Thesis, faculty of law, Lund University. Spring 2013.(in english)
  • Raid, Al-Zude. “Critical evaluation of the rights and remedies of owners of cargoes carried by sea under English law”. PHD Thesis, University of Bristol, 2003 https://doi.org/10.1093/acprof:oso/9780199661770.003.0011 (in english)
  •  
  • Selvig, Erling, , Through-Carriage and On-Carriage of Goods by Sea, The American Journal of Comparative Law,Vol. 27, Spring - Summer 1979. 369-389. https://doi.org/10.2307/840040 (in english)
  •  
  • Thomas, D. “Multimodalism and through transport language, concepts, and categories”. Tulane Maritime Law Journal, 36,2( 2012), 761-778(in english)
  • Wilson, John.f. carriage of good by sea. seventh edition, UK: pearson education limited. 9781405846691 (in english)
  •  
  • Master Thesis, Pro-rata Liability in Multimodal Transport, 1-65, http://dx.doi.org/https://doi.org/10.26190/unsworks/4096 (in english)

website

case:

  • Mayhew Foods Ltd v Overseas Containers Ltd [1984] 1 Lloyd’s Rep 317, pp. 318-320.
  • Captain v Far Eastern Shipping Co [1979] Lloyd’s Rep 595

Regulations and conventions

  • Iran's maritime law
  • Customs Affairs Law of iran 2010
  • Carriage Of Goods by Sea Act 1936
  • united nation convention on the carriage of goods by sea 1978(the HAMBURG rules)
  • International Convention for the Unification of Certain Rules of Law relating to Bills of Lading
  • The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of August 1924