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All utopias share one crucial characteristic, namely the critique of contemporary society, either explicit or implicit. This paper shows, however, that there were limits to this critique, as well as to the compassion and imagination of utopian authors. It addresses the crimes that were punishable by death in contemporaneous communities and utopias. The descriptions of executions in utopias are compared to the types of executions in reality at the time and ancient sources. Several early modern utopias have been scrutinized closely, from Thomas More’s Utopia (1516) to Mercier’s L’An deux mille quatre cent quarante (1771) and beyond. Utopias from different countries and languages were analysed to capture the early modern European character of such attitudes. This article argues that death penalty was such an integral part of the early modern era that utopian authors, highly educated and sophisticated humanist scholars, could or would not imagine societies without capital punishment. This proves that early modern utopian writers did not look to the future, but rather to the past to find the ideal model for their societies. [ABSTRACT FROM AUTHOR]

Copyright of Algerian Historical Journal is the property of Algerian Historical Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objective: The aim of the current study was to determine the capability of neurocognitive variables and executive functions to differentiate women with and without fibromyalgia syndrome (FMS). Methods: A secondary diagnostic accuracy analysis was conducted. A battery of neurocognitive and executive function tests (the D2 Attention test, the Rey-Osterrieth Complex Figure for visual perception, "Digits D/R/I" tests of the WAIS-IV battery for working memory, the 5-Digit test for mental inhibition, the Symbol Search for processing speed, and the Zoo Test for planning/decision-making) were collected in 129 women with FMS and 111 without FMS. The area under the receiver operating characteristic (ROC) curve, optimal cut-off point, sensitivity, specificity, and positive and negative likelihood ratios (LR) for each variable were calculated. Results: Between-group differences were identified in ROCF_Copy (p = 0.043), ROCF_Recall (p = 0.004), d2_TR (p = 0.019), d2_TA (p = 0.007), d2_TOT (p = 0.005), d2_CON (p = 0.004), d2_C (p = 0.042), Symbol Search (p = 0.008), Decoding _FDT (p = 0.001), Retrieving_FDT (p = 0.001), and Inhibiting_FDT (p = 0.024). The result showed that FDT-based outcomes (Retrieving_FDT: ROC 0.739, sensitivity 85.3%, specificity 48.6%; Decoding_FDT: ROC 0.724, sensitivity 50.4%, specificity 16.2%; Inhibiting_FDT: ROC 0.708, sensitivity 56.6%, specificity 22.5%) were the variables able to differentiate between women with and without FMS. Conclusions: Although women with FMS exhibited deficits in attention, long-term visual memory, processing speed, and mental inhibition when compared with women without FMS, only mental inhibition scores showed moderate diagnostic accuracy to discriminate between women with and without FMS. Future studies investigating these results in clinical settings are needed to identify the clinical relevance of these findings. [ABSTRACT FROM AUTHOR]

Of all the images generated by the French Revolution it is the guillotine that is the most notorious. From the beginning the apparatus constituted an elaborate visual spectacle, one that not only efficiently dispensed justice but also offered up a form of popular entertainment and ritualised collective vengeance. The paper seeks to shed fresh light on one of the most perplexing mysteries of the revolutionary era. How did enlightened individuals who had helped create the most democratic and egalitarian society yet seen in the world, descend into a totalitarian regime in which many thousands were arrested, tried without appeal and executed? Why did revolutionaries begin to kill one another, and how did the guillotine come to represent an ideal of Revolution? To answer these questions, the paper begins by looking more closely at the relationships between popular violence and state violence in the Revolution, before describing the invention of the guillotine and how audiences had to adjust to a new kind of spectacle, where terror emerges as a principle of government. [ABSTRACT FROM AUTHOR]

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Guarantees of the implementation of the judicial decision issued to cancel the administrative decision of the important issues, especially as it was designed to force the administration to implement the sentence against them, including a cancellation, because the administration sometimes refuses or delays or impedes the implementation of this judgment, and therefore found these guarantees to urge and compel the administration On implementation. These guarantees are divided into two parts which are either amicable guarantees for the implementation of the cancellation rule or that they are unfriendly guarantees for the implementation of the cancellation rule. The unfriendly guarantees include the judicial order issued by the administrative judge to direct the administration to execute and also the threatening fine as a material and threatening means to force the administration to execute

The death penalty debate intensifies when condemned women are considered, at least in part because of the associations society holds between womanhood and motherhood. Consequently, the concept of motherhood inherently permeates every condemned woman's sentence. Using qualitative document analysis, we examine how pregnancy is accounted for in the death penalty statutes and execution protocols. In half of U.S. states, exceptions exist in the statutes preventing executions of pregnant people, but pregnancy is rarely mentioned in execution protocols. The findings highlight aspects of reproductive injustice. [ABSTRACT FROM AUTHOR]

The aim of this study was to quantify the multivariate relationships between clinical, cognitive performance, executive functioning, and psychological outcomes in women with fibromyalgia (FMS) using network analyses. Demographic (age, height, weight), clinical (pain history, pain intensity, and related disability), neurocognitive (D2 Attention test, Rey-Osterrieth Complex Figure for visual perception, "Digits D/R/I" tests of the WAIS-IV battery for working memory, the 5-Digit Test for mental inhibition, the Symbol Search for processing speed and the Zoo Test for planning/decision making) and psychological (depressive symptoms, anxiety levels, sleep quality, pain hypervigilance) variables were collected in 129 women with FMS and 111 healthy women. Network analyses were conducted separately for each group to quantify the adjusted correlations between the modeled variables and to assess their centrality indices (i.e., connectivity with other symptoms in the network and their importance in the network). The network identified 74 associations in FMS women and 46 associations in controls with small differences. The strongest correlations in both groups were found between different attention variables: d2_CON with d2_C, d2_O with d_2TR, and d2_CON with d2_TA. The most central variables were d2_TA, d2_C, and d2_CON (highest strength centrality in both groups) and anxiety levels and pain hypervigilance (highest harmonic centrality in FMS women). The strength centrality of the network was stable for women with FMS (CScor0.7: 0.68) but not for healthy women (CScor0.7: 0.28). This study found that attention variables are most relevant within a neurocognitive network and that psychological variables are most important for the treatment of women with FMS. The clinical implications of the current findings, such as the development of treatments targeting these variables, are discussed. [ABSTRACT FROM AUTHOR]

This study aims to find out the implications of condemnatoir decisions in child custody cases in the jurisdiction of the Denpasar Religious Court, and the obstacles faced in the implementation of the execution of child custody decisions in this jurisdiction. The study employs both normative and empirical approaches, focusing on the norm vacuum regarding the enforcement of Hadhanah (child custody) decisions. The data analysis involves a legal analysis of the normative sources to interpret and evaluate the current laws, complemented by qualitative analysis of empirical data to identify patterns, issues, and challenges in the execution process. The research offers valuable insights into the practical difficulties of enforcing child custody rulings, which could inform legal reforms or improvements in the judicial process to better protect the interests of the child and ensure compliance with judicial decisions. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the challenges and benefits associated with implementing flexitime and dependent care facilities as work-life balance programs within organizations. Employing a qualitative research design with an exploratory methodology, data was gathered through a self-organized direct approach with non-probability purposive sampling, covering 25 organizations in NCR Uttar Pradesh. Findings were categorized into personnel challenges, employer challenges, shared advantages, and requirements for successful implementation of flexitime and dependent care as work-life balance practices/initiatives. The study underscores the importance for human specialists to ensure effective utilization of these facilities, facilitating organizational growth and individual development. It offers practical insights to help organizations address workforce challenges, ultimately fostering a more balanced and productive workplace. The originality of the study lies in its pioneering examination of specific work-life balance initiatives/practices, highlighting the necessity of such research for fostering a forwardlooking approach to workplace enhancement. [ABSTRACT FROM AUTHOR]

Administrative decision is the actual means of expressing the will of public administration. Such a decision is considered one of the important topics in administrative law to keep pace with technological developments in life in general, to ensure that administrative decisions are characterized by flexibility and development, which makes it suitable for all modern developments in administrative life. The recent developments in administrative life force legal researchers to search for new ideas and means, the most important of which is egovernment, which enables public administration to use modern technological means to provide its services to the public. This requires the administration to express its will by issuing its administrative decisions using the same electronic means. Through this research, we are trying to address the most important topic of electronic administrative decision, which is the implementation of this decision. Implementation entails the legal implications of this decision, as we must analyze the essence of the electronic administrative decision and how this decision is implemented towards individuals and the administration itself. Methodology: In this study, we will use the analytical approach and the descriptive approach of administrative legislation related to the subject of the study. [ABSTRACT FROM AUTHOR]

This study aimed to conduct a literature review to determine the reason behind the difficulty of strategy implementation. To achieve this objective, 36 articles were collected from 1980 to June 2023 from previous literature reviews and the results of searching several other leading journals. The result showed that it is necessary to add a strategy alignment category as an important bridge between formulation and implementation. Furthermore, 6 important factors in strategy alignment need to be considered as a key success for effective implementation. The article contributes a theoretical strategy alignment framework and guidance questions useful to practitioners to ensure that the process runs well, thereby allowing an effective strategy implementation.

II. Meşrutiyetin ilanından yaklaşık iki buçuk ay sonra İstanbul’da bir bavul içerisinde Nahiye Eski Müdürlerinden Bağdatlı Ahmed Hamdi Efendi’nin cesedi parçalara ayrılmış bir şekilde bulunmuştur. Vezirhanı’nda bir odada beraber kaldıkları Medineli Taha isminde bir kişi tarafından öldürülen Ahmed Hamdi Bey’e ait ceset Taha ve arkadaşı Mehmed tarafından parçalanmış ve ceset bir bavula koyularak Vezirhanı’ndan çıkartılmıştır. Yakalanmamak ve dikkat çekmemek için İhsan adlı meczup bir çocuğa taşıttırılan bavul polis müdürlerinden Fuat Bey’in dikkatini çekmiş, bavulda çalıntı eşya olduğunu düşünen Fuat Bey bavulu incelemiş, bavulun içerisinden kasıklarından altı olmayan bir ceset çıkmıştır. Önce suçlulardan Mehmed, ardından da Taha yakalanmış, bunun üzerine soruşturma derinleştirilmiş, cinayet mahallinde arama yapılmış, yürütülen tahkikat ve yargılama sonucunda suçluların idam edilmelerine karar verilmiştir. Bu makalede İstanbul’da hunharca işlenen bu cinayet dönemin gazeteleri ve Osmanlı arşivindeki belgeler kullanılarak incelenecek, olayın nedeni, gelişimi, tahkikat süreci ve cezası bağlamında masaya yatırılacak ve olay Osmanlı suç tarihi açısından değerlendirilmeye çalışılacaktır.

Copyright of Al-Adab / Al-ādāb is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case. [ABSTRACT FROM AUTHOR]

Copyright of History Studies (13094688) is the property of History Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this study, the authors show that, starting from the end of the 19th century and the beginning of the 20th century, the necessity for assistance, as well as for international judicial cooperation became a significant one, a fact that was determined by a series of endogenous and exogenous factors. Thus, the economic factor was the most important tool for persuading the states of the world regarding mutual recognition and the easy execution of judgments pronounced in a state, but which must produce at least one part of the effects in another state, so that the exercise of the rights and the execution of the obligations of the parties established by the court of law had to find a „fertile ground" for mutual implementation of effects. Likewise, the necessity to avoid the loss of precious time, the avoidance of unnecessary costs of re-trial in several successive states, in relation to the constant fluctuations of the domiciles of the litigating parties, the imperative of avoiding some judgments that are substantially different in terms of specifics and effects, the desideratum to remove the situation of concurrence of jurisdictions, etc. were among the most significant factors in driving the establishment of an integrated and coherent mechanism for the recognition and mutual execution of judgments pronounced in different regions of the globe and being part of various supranational structures, as well as of international cooperation mechanisms. There could hardly have been a discussion about the concepts of development and diversification of world trade, without the entrepreneurs involved in international trade acts or the natural persons interconnected through a set of civil legal relationships having the certainty that, once they enter into a contractual connection with entities and persons from third countries, the settlement solutions of these disputes, pronounced in one state, could be quickly enforced, under the conditions of an international normative framework and under conditions of reciprocity, in any other state where they find their domicile or the headquarters or where the debtors of the conventional obligations carry out their main activity. The legal factor, determined by the necessity to remove impediments of legal origin in the recognition and execution of foreign judgments, has represented another factor of conceptual union, which made possible the adoption of international cooperation mechanisms in civil matters, in disputes with professionals, in the field of labour or criminal disputes, as well as in the area of consumer legislation. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The legal basis for the functioning of the natural gas market of Ukraine, based on the principles of free competition, proper protection of consumer rights and security of natural gas supply, has been determined by the Law of Ukraine "On the Natural Gas Market" No. 329-VIII dated 04/09/2015. The supply of natural gas to household consumers is carried out on the basis of the standard contract. According to the content of the provisions of the Code of the Gas Transportation System and the Code of the Gas Distribution System, it is understood that, in order to supply natural gas to consumers, its supplier purchases this gas from a wholesaler at a virtual point of sale, and consumers receive it directly from the operator of gas distribution networks at the limit of the balance sheet ownership of their facilities (at destinations). In the context of updating the civil legislation of Ukraine and its harmonization with the law of the European Union, the study of the peculiarities of the execution of the gas supply contract as a type of contract for the supply of energy and the other resources through the connected network is relevant. Taking into account the specifics of the supply object, namely that natural gas is a commercial product that is a mixture of hydrocarbons and non-hydrocarbon components in a gaseous state under standard conditions, the legal nature of the supply contract has certain peculiarities. At the same time, under the contract for the supply of energy and the other resources through the connected network, one party (supplier) undertakes to provide the other party (consumer, subscriber) with energy and the other resources provided for in the contract, and the consumer (subscriber) undertakes to pay the cost of the received resources and to comply with the mode of its use stipulated by the contract, as well as to ensure safe operation of energy and the other equipment. The peculiarities of the execution of the contract for the supply of natural gas have been determined by the legal regime of the commercial product, which is natural gas, and the peculiarities of its supply (no other than through the gas transportation and gas distribution systems in which natural gas is received from various economic entities, as a result of which it is mixed and changes in physical chemical parameters). [ABSTRACT FROM AUTHOR]

Importance of legally binding effect of court decisions and their effective enforcement to ensure the rule of law principle is the prerequisite for criminal liability for non-execution or obstructing execution of judgments or other court decisions. Although the goals of criminalization of the mentioned action are quite clear, it is interesting to whom the legislator imposes the obligation to comply with the decision and if it is possible to be the perpetrator of this crime the person against whom the decision has been issued. The article is dedicated to the study of the abovementioned issue, in which the possible range of persons responsible for the execution of judgments or possible perpetrators of the crime stipulated by the Article 381 of the Criminal Code of Georgia will be identified and analyzed following the existing judicial practice and case law. [ABSTRACT FROM AUTHOR]

Copyright of Prometeo Conocimiento Científico is the property of Puerto Madero Editorial Academica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of CIE Knowledge, Research & Education Magazine / Revista Conocimiento, Investigación y Educación CIE is the property of CIE Knowledge, Research & Education Magazine and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Mortgage is one of the collateral institutions used as collateral for immovable objects, such as land or buildings. Collateral for mortgage rights is a requirement if a debtor wants to get a loan from a bank. The mortgage right will be executed by the creditor if the debtor cannot repay the loan. However, creditors can also be sued for committing unlawful acts in executing mortgage guarantees. In this case, it will be examined whether the creditor in Decision Number 95/Pdt.G/2021/PN SBY committed an unlawful act in executing the mortgage right. This research is normative legal research carried out descriptively analytically and using a statutory approach. From the results of this research, it can be seen that creditors cannot be said to have taken legal action because all the arguments for the debtor's lawsuit cannot be proven, starting from providing credit restructuring, violating standard clauses, and irregularities by creditors in granting credit. Apart from that, the lawsuit filed by the creditor does not meet the formal requirements. [ABSTRACT FROM AUTHOR]

The contract is exposed to numerous circumstances and variables, whether financial, economic, or even political, which have repercussions resulting in contractual imbalance liable to cause economic disruptions for the contracting parties during the execution phase, especially in the context of electronic commercial contracts due to their digital and international nature. Hence, this study delves into the economic impacts encountered by the contract, thus seeking the legal mechanisms outlined by the legislator to address these unforeseen circumstances, thereby safeguarding contractual equilibrium so that the parties can execute the contract fairly for both sides. It is at this juncture that the theory of unforeseeability assume paramount importance, offering significant solutions, notably following their evolution on the legal and judicial fronts. [ABSTRACT FROM AUTHOR]

Au sein de la société, les institutions de recherche en matière d’éducation occupent une position similaire à celle des industries. Elles constituent des indicateurs majeurs des réflexions sur le développement de l’éducation et de la formation. Le présent article envisage dresser un inventaire des institutions d’exécution de la recherche éducative au Maroc en vue de favoriser sa durabilité sectorielle. Les résultats obtenus par une méta-analyse d’un corpus pertinent composé de quarante documents montrent d’énormes changements organisationnels. Deux types d’institutions affiliées aux secteurs d’enseignement supérieur et d’enseignement scolaire conduisent des activités de recherche selon des finalités particulières. L’hétérogénéité des institutions semble un facteur défavorable pour le pilotage, la conduite et l’exploitation des découvertes. Les perspectives intègrent la contribution effective des investigations pour résoudre les vrais problèmes du système éducatif, et assurer la modernisation de l’école.

The Mortgage Rights is a proprietary security right encumbered onto land rights regulated by the Basic Agrarian Act, intended for specific debt repayment, granting a preferential position to certain creditors over others, without reducing the preference of state receivables under the applicable law, should the debtor default. Under the parate execution (parate executie) or enforceable title (executoriale title), the preferred creditor who is the mortgagee, has the right to sell the respective mortgaged assets through a public auction and the debt repayment would then be derived from the sales proceeds. Article 21 of the Mortgage Rights Act, ensures that if the mortgagor is declared bankrupt, the mortgagee still retains the rights obtained under the act. The enforcement of Act Number 37 of 2004 concerning the Bankruptcy and Suspension of Obligations for Debt Payment, (hereinafter referred to as The Bankruptcy and PKPU Act), has caused numerous legal issues, particularly the antinomy between the Mortgage Rights Act and The Bankruptcy and PKPU Act, such as a 90-day bankruptcy stay phase, the suspension of obligations for debt repayment stay phase of 45 days with a maximum of 270 days, a mere 2 months of a time span on executing the proprietary security right, its respective sale conducted by the curator and payment of the debt of the preferred creditor depends entirely on the distribution list of assets that have been approved by the supervisory judge with a legally binding force. The proceeds from the sale conducted by the curator on the said object encumbered with mortgage rights are paid to creditors according to their ranks, whereby the rank of the mortgagee involved does not come first.

The culmination of a civil case in court is marked by the crucial step of decision implementation, commonly known as execution. Execution can only proceed when the decision attains permanent legal force ('inkracht van gewijsde'). While the losing party may voluntarily execute the decision, failure to fulfill stipulated obligations empowers the winning party, the plaintiff, to seek forced execution. Despite the irrevocable legal status of a decision, as signified by its permanent legal force, Indonesian civil procedural law affords opportunities for litigants and third parties to reassess such decisions. This reassessment is facilitated through challenges or rebuttals, as outlined in Article 195 paragraph (6) HIR, Article 206 paragraph (6) Rbg, Article 378 RV, Article 279 RV, and is guided by the Ius Curia Novit principle, as affirmed in Article 10 of Law Number 48 of 2009 concerning Power Justice. Utilizing a normative juridical approach, this study relies on secondary data to explore the nuances of execution and post-decision challenges, drawing on primary legal materials, secondary legal materials, and tertiary legal materials.

The issue of permissibility or non-permissibility of donating body parts of condemned prisoners and sentenced to Qiṣāṣ (Arabic: قِصاص, literally, retaliation) is one of the important and practical issues that must be answered in the light of modern jurisprudence and law. The issue of the possibility of transplanting the organs of condemned prisoners to needy patients has been considered and permitted in many legal systems. This issue can be reviewed in terms of jurisprudence and Iranian law. This study which has been written by descriptive and analytical method examines the important question of what is the approach of Holy Legislator to such an affair? The chapters of the rule of necessity (Arabic: اِضْطِرار) and conflict (Arabic: تَزاحُم) are largely related to this issue. According to the emergency situation in the Islamic society, it will be allowed to remove the organs of condemned prisoners in the operating room, whether their lives and safety are not protected by the law or not. This issue can also be examined from another aspect, such that even in non-necessity situations in cases of unfixed death penalty, the convict can be executed in the operating room instead of hanging, because the reason of the retaliation with the sword is to prevent the convict from being bothered and also that their transplantable organs can also be used. In this case, his/her permission is a condition. This has been authorized by Article 47 of the Regulations for the Execution of Ḥudūd (Fixed Punishments), Capital Punishment, Amputation, Retaliation, Diyāt (Blood-Money), Flogging, Banishment, Expulsion Order (Nafy), Compulsory Domicile and Prohibition from Staying in a Certain Place or Places Adopted on 2019.

La matière relative à la reconnaissance et l’exécution des décisions de justice étrangères relève de la partie du Droit international privé qui traite des conflits de juridictions qui est « l’expression traditionnellement utilisée pour désigner les questions de compétence internationale directe des tribunaux, de procédure applicable à un litige international et d’effets des jugements étrangers. Ainsi, La reconnaissance se définit comme étant l’admission par l’ordre juridique de l’exécution de la décision étrangère. En revanche, l’exécution résulte de la demande portée devant les juridictions de conférer le caractère exécutoire à la décision étrangère. Il existe trois types de décisions qui peuvent être exequaturées en cas de demande à savoir : les jugements étrangers, les sentences arbitrales étrangères ainsi que les actes publics étrangers. Les décisions susmentionnées ne peuvent recevoir la force exécutoire que lorsqu’elles sont prononcées suivant une souveraineté étrangère c’est-à-dire suivant les règles de conflits et la procédure établies par la loi du for, il faudra aussi que la décision ait trait à un litige du droit privé, intéressant aussi les personnes privées en matière civile, du travail ou encore commerciale.