Chronology of Legal Reform (May 1911– June 1940)
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A PPENDIX I Chronology of Legal Reform (May 1911– June 1940) Second Majles (November 15, 1909– December 24, 1911) May 12, 1911 (Jamadi Avval 12, 1329q) Registration of Documents Law (replaced by the law of April 11, 1923). June 6, 1911 (Jamadi Dovvom 8, Examination Law for Members of the Adlieh 1329q) July 18, 1911 (Rajab 21, 1329q) Law of the Establishment of the Judiciary, the Shari‘a Courts and Justices of Conciliation (Qanun-e tashkilat-e adlieh va mahazer-e shari‘ va hokam-e solhieh; referred to in the book as the “organic code”). October 4, 1911 (Shavval 10,1329q) Imperial rescript (farman) establishing the Ministry of Justice. November 10, 1911 (Dhu’l Qada Law of the Principles of Civil Trials (Qanun- e 1329q) osul- e mohakemat- e hoquqi). Parts of this law were amended by the laws of June 23, 1923; the special powers granted by the law of February 17, 1927; and the laws of March 20, 1928, January 1, 1929, March 17, 1930, June 24, 1930, and November 17, 1931. No Majles: December 25, 1911– December 5, 1914 August 22, 1912 (Ramadan 9, 1330q) Law of the Principles of Criminal Trials (Qanun- e osul- e mohakemat jaza’i); passed by decree after closure of Second Majles. (continued ) Source, except where otherwise stated: Majles- e Shawra- ye Islami, “Samaneh- ye Qavanin va Moqararat,” available at http:// rc.majlis .ir/ fa/ law. Accessed March 2009. This website is an electronic version of the Majmu’eh- ye Qavanin- e Majles- e Shawra. It is particularly useful for its annotations, indicating when a law was revised or repealed. I began this table for my own reference in order to negotiate the changes in calendar and sometimes discrepant dates in the secondary sources. I am grateful to Anna Enayat for her help with date conversions and translations of the titles of laws. Apart from the 1911 Registration of Docu- ments Law, all laws in this period are described as “temporary,” either in their titles or in their final article. To avoid confusion, the description has been omitted in this chronology. The law codes of the period sometimes had cumbersome names. I have included the Persian title only where the law is of particular importance historically or there may be ambiguity in its translation. 194 Chronology of Legal Reform (May 1911– June 1940) Third Majles: December 6, 1914– December 14, 1915 March 21, 1915 (Jamadi 5, 1 1333q) Penal Code (Qanun- e jaza‘). Bill presented to Majles judiciary commission whose review remained incomplete by the time the Majles closed in December 1915. July 7, 1915 (Sha‘ban 24, 1333q) Law Concerning Commercial Courts. No Majles (December 15, 1915– June 20, 1921) February 27, 1917 (5 Jamadi Avval The ‘Orfi Penal Code (Qanun- e mojazat- e ‘orfi) 1335q) promulgated by decree. Fourth Majles: (June 21, 1921– June 20, 1923) July 13, 1922 (Saratan 21, 1301) Law for the Examination of Judges and Officials of the Judiciary (replaced by the law of March 1928). August 19, 1922 (Asad 27, 1301) Law Concerning Appeals against Rulings of the Shari‘a Courts (replaced by the law of February 10, 1926). August 26, 1922 (Sonboleh 3, 1301) Law Governing the Establishment of District Conciliation Courts (solhieh- ye nahieh) and Revising Certain Articles of the 1911 Law of the Principle of Civil Trials. December 2, 1922 (Qaws 10, 1301) Press Law. March 20, 1923 (Hawt 28, 1301) Renewal of Temporary Law on Juries of December 2, 1922. April 11, 1923 (Hamal 21, 1302) Property and Document Registration Law (replaces law of May 12, 1911; replaced by the law of February 10, 1930). April 15, 1923 (Hamal 25, 1302) Law for the Employment of Judges in the Adlieh Courts (replaced by the law of March 20, 1928). June 22, 1923 (Jawza 31, 1302) Law Granting Permission to Appoint a Commission to Draft a Penal Code While the Majles Is in Recess. June 23, 1923 (Jawza 32, 1302) Law Concerning the Jurisdiction of Justices of the Peace in the 1911 Code of Civil Procedure (replaced by the law of September 17, 1939). Fifth Majles (February 11, 1924– February 10, 1926) February 14, 1925 (Bahman 25, 1303) Commercial Code (Qanun- e tejarat). March 29, 1925 (Farvardin 9, 1304) Trademarks Law (replaced by the law of June 23, 1931). January 13, 1926 (Day 23, 1304) Public Penal Code (Qanun- e mojazat- e ‘omumi). February 3, 1926 (Bahman 14, 1304) Law for the Establishment of Commercial Courts (amendment of the law of July 7, 1915). Both laws were nullified by the Law of the Acceleration of Court Procedures, June 24, 1930. February 3, 1926 (Bahman 14, 1304) Law of the Disciplinary Court for Judges (replacement of articles 23– 26 of law of April 15, 1923). February 10, 1926 (Bahman 21, 1304) Law Governing Appeals against Rulings of the Shari‘a Courts (replaced by the law of December 1, 1931). (continued ) Chronology of Legal Reform (May 1911– June 1940) 195 Ministry of Justice of Ali Akbar Davar, February 9, 1927– September 16, 1933 [Sixth Majles July 11, 1926– August 13, 1928] February 10, 1927 (Bahman 20, 1305) Dissolution of the judiciary. February 17, 1927 (Bahman 27, 1305) Law Granting Permission to Revise the 1911 Law of the Establishment of the Judiciary, and the 1923 Law Concerning the Employment of Judges. April 27, 1927 (Ordibehesht 6, 1306) New judiciary inaugurated. February 11, 1928 (Bahman 21, 1306) Public Property Registration Law and the Passage of Time (Qanun- e sabt- e ‘omumi- ye amlak va morur- e zaman). March 20, 1928 (Esfand 28,1306) Law for the Employment of Judges and Members of the Prosecutors’ Offices (replaces July 13, 1922 Examination law and April 15, 1923 Employment of Judges law). March 20, 1928 (Esfand 29, 1306) Arbitration Law. May 10, 1928 (Ordibehesht 20, 1307) Civil Code (Qanun- e madani), Book 1. July 7, 1928 (Tir 27, 1307) Law of the Principles of the Establishment of the Judiciary (Qanun- e osul- e tashkilat- e adlieh); replaces the 1911 Law of the Establishment of the Judiciary (Organic Code). July 10, 1928 (Tir 30, 1307) Law of Military Tribunals. January 1, 1929 (Day 11, 1307) Law Amending Articles of the Code of Civil Procedure Concerning the Referral of Litigation to the Shari‘a Court (replaced by the law of December 1, 1931). January 10, 1929 (Day 20, 1307) Law for the Establishment of a Penal Tribunal for State Employees. February 2, 1929 (Bahman 13, 1307) Law for the Establishment of Notary’s Offices. February 5, 1929 (Bahman 16, 1307) Law Concerning the Disciplinary Tribunal for Judges. February 28, 1929 (Esfand 9, 1307) Supplementary Law on the Criminal Offenses of State Employees. March 31, 1929 (Farvardin 11, 1308) Amendment to the Arbitration Law. June 4, 1929 (Khordad 14, 1308) Law Concerning the Shari‘a Courts. June 23, 1929 (Tir 2, 1308) Law Concerning the Statute of Limitations and Immoveable Property. October 3, 1929 (Mehr 11, 1308) Property and Document Registration Law (replaced law of April 11, 1923). February 10, 1930 (Bahman 21, 1308) Property and Document Registration Law (replaced law of October 3, 1929). June 24, 1930 (Tir 3, 1309) Law Concerning the Acceleration of Procedure in the Courts (Qanun- e tasri’- e mohakemat; replaces 1915 and 1925 laws on commercial courts and certain articles concerning conciliation courts). (continued ) 196 Chronology of Legal Reform (May 1911– June 1940) [Sixth Majles July 11, 1926– August 13, 1928] (continued ) July 15, 1930 (Tir 24, 1309) Law Concerning Justices of the Conciliation Courts. July 23, 1930 (Mordad 1, 1309) Law Amending Articles 367–377 of the 1912 Law of the Principle of Criminal Trials. April 28, 1931 (Ordibehesht 7, 1310) Law Revising Article 207 of the Public Penal Code. May 20, 1931 (Ordibehesht 29, 1310) Law on Juries. June 23, 1931 (Tir 1, 1310) Law Concerning Trademarks and Patents. July 19, 1931 (Tir 27, 1310) Supplementary Articles of the Public Penal Code. July 25, 1931 (Mordad 2, 1310) Companies Registration Law. August 15, 1931 (Mordad 23, 1310) Marriage Law. August 1, 1931 (Mordad 9,1310) Law Concerning the Shari‘a Courts. December 1, 1931 (Azar 9, 1310) Law Concerning the Shari‘a Courts. March 14, 1932 (Esfand 23, 1310) Law for the Registration of Properties and Documents. May 3, 1932 (Ordibehesht 13, 1311) Commercial Code (Qanun- e tejarat). May 31, 1932 (Khordad 10,1311) Amendment to the 1912 Code of Criminal Procedure (revising articles 38, 40, 41, 48, 57, 59, 79, and 128– 130). October 4, 1932 (Mehr 12, 1311) Supplementary Amendment to the 1912 Code of Criminal Procedure. September 9, 1933 (Shahrivar 18, 1312) Amendment to articles 435– 436 and 464 of the 1912 Code of Criminal Procedure. Ministry of Justice of Mohsen Sadr, September 18, 1933– October 16, 1936 September 20, 1933 (Shahrivar Amendment to Articles 207– 214 of the Public Penal 29,1312) Code. September 24, 1934 (Day 3, 1313) Religious Endowments Law. February 9, 1935 (Bahman 20, 1313) Arbitration Law. September 12, 1935 (Shahrivar 20, Legal Representation Law (replaced by the law of 1314) January 25, 1937). February 16, 1935 (Bahman 27, 1313) Civil Code, Book 2. and March 12, 1935 ( Esfand 21, 1313) October 6 and 31, 1935 (Mehr 13 and Civil Code, Book 3. Aban 8 1314) Ministry of Justice and Premiership of Ahmad Matin- Daftari October 18, 1936– October 25, 1939 and October 26, 1939– 24 June 1940 December 27, 1936 (Day 6, 1315) Amendment to Sections of the 1928 Law of the Principles of the Establishment of the Judiciary. January 25, 1937 (Bahman 5, 1315) Legal Representation Law (replaces Chapter 2 of the 1928 Law of the Establishment of the Judiciary).