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Open Access Article
1 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
2 - Supervision of Commercial Companies in Iranian and German Law with Emphasis on Shareholders’ Rights
tahereh shokri mansor atashneh alireza mazlumrahniThe current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvemen MoreThe current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders. Manuscript profile -
Open Access Article
3 - Internet Access as Independent Human Right: The Approach of the International Law System and the Iranian Legal System
Khadije akrami Hoda Ghaffari Vali Allah Rostami Mehdi RezaeiIn 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people MoreIn 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. It should be acknowledged, however, that in the system of international law and domestic law of Iran there is no independent human right or citizenship entitled the right to access the Internet. Manuscript profile -
Open Access Article
4 - Analysis of Financial-Legal Dimensions of Competition Between Stock Exchanges Based on Comparative Study of Iran and the United States
saeed aghdam ebrahim dianatinasab Alireza KhaliliAccording to Iranian market law, exchanges as a self-regulatory organization are obliged to set and enforce regulations in their field of activity, while they are classified as for-profit companies through ownership, thus their activities may lead to competition. Recogn MoreAccording to Iranian market law, exchanges as a self-regulatory organization are obliged to set and enforce regulations in their field of activity, while they are classified as for-profit companies through ownership, thus their activities may lead to competition. Recognition of competition requires investigation of the nature, function and duties of stock exchanges and capital market structure as a platform of stock exchange activity in terms of two legal rules means Conflict of public-commercial interests and the theory of separation of government’s authority (Act D’Autorite) and incumbency (Act D’Gestion) acts in the context of competition phenomenon. This is done by studying the laws and regulations, relevant documents and reports and analyzing the legal systems of the two countries based on an analytical-interpretive method and within the framework of comparative law. According to the research findings, competition between exchanges by regulators requires attention to several issues including recognition of commercial and public interests of each of the exchanges, determining the competent authority to recognize conflicts of interest and providing a solution for how to resolve conflicts. In terms of practice, according to the structure and conditions of the Iranian market, creating segmentation in the field of stock exchange activity is a right decision, and unlike the US capital market, there is no possibility of competition between the exchanges Manuscript profile -
Open Access Article
5 - A comparative study of trickery, examples and solutions to deal with it in foreign jurisprudence and Iranian law
dawood Nasiran Babak Mohammadi Ghahfarokhi Masoud ShiraniTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or c MoreTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or cancel an obligatory one or Invalidating the right or proving the wrong, which are the ways to escape from the forbidden and to achieve the lawful and trickery in the terminology of Iranian law means the ability to use the silence or summary of the law in order to acquire the right for the unjust by ways that are against the nature of the law, these different definitions cause The difference is in the examples of trickery and consequently the strategies to deal with it. The present research is carried out in a descriptive-analytical way and aims to answer questions such as: "What are the tricks, examples and solutions to deal with them in Iranian jurisprudence and law?". Examples of trickery in Imami jurisprudence are divided into three categories: examples of real positive and legitimate trickery, examples of true negative and reprehensible trickery, examples of fake trickery. Iranian law can be divided into two parts; He divided examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imami jurisprudence, there is no countermeasure for permissible tricks, but two solutions have been proposed for forbidden tricks; The moral solution is piety, and the jurisprudential solution is the ruling on sanctity, and in Sunni jurisprudence, the only way to deal with the trick of obeying the jurisprudence ruling is by citing the evidence of the Qur'an and narration. Strategies to deal with trickery in Iranian law include: theory of motivation or direction; Good faith theory; the theory of preventing Manuscript profile -
Open Access Article
6 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
7 - A Jurisprudential Explanation of Marriage without Verbal Aqd (Mu’atati) from Imam Khomeini's Point of View
Ahmad Rastgordani Mahmoud Qayoumzadeh (Corresponding Author) Mohammad Rasoul AhangaranMu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but mo MoreMu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but most jurists believe that such a marriage contract (Aqd) is not valid, which was stated by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and the sirah (lifestyle) of Muslims, the view of most jurists is more valid. From the point of view of Imam Khomeini, the requirement of the principle of Mu’atat in every marriage and Iqaa (Those pronouncements which do not require participation of two parties) is that its composition should be turned into the deed. Because the deed, like the word, is a means of valid creation and iqaa. As a result, in this article, the jurisprudential explanation of marriage without a verbal contract (mu’atati) was dealt with from the point of view of Imam Khomeini. For this purpose, the validity of mu’atati marriage has been analyzed by descriptive analytical method and in line with the investigation of this issue, taking into account the views of Imam Khomeini and other jurists. Manuscript profile -
Open Access Article
8 - Legal Position of Changing Sex in Iranian Law and Common Law System
Amir Rezaee Foomani Sayed Mohammad Reza AyatiTranssexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of th MoreTranssexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of them is changing sexuality through surgery.Since Law seeks to control the social relations, the position of law as to this problem must become clear. So the vital question is: what is our legal system’s response? In this paper, after difining changing sexuality legally and medically and explaining jurisprudential and legal opinions, I conclude that in Iranian legal system in the case of necessity the judge can permit changing sexuality. Manuscript profile -
Open Access Article
9 - Intoxication and It's Effect on the Intoxicated's Conducts Rules in Islamic Jurisprudence
Jalal Alavi Naser MarivaniIn Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequi MoreIn Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequired; and by comparison of asleep, neglegant and mad, agreewith not giving obligation to drunk acts and especially according tokhitab al-waz` view, by analysis problem to causation, intoxicatedshould be responsible for the results of their deeds and wards.Majority of jurists by refereeing to rules such as" al-aimtnae` bilakhtyarla yanafai al-akhtyar" related to delibratly drunk, say thatintoxication cann't be an abstacle to giving obligation and drunk andsober are equal in giving obligation. Deliberated drunk is someonewho without having one of the legal excuses such as reluctance,necessity, ignorance; deliberately drink with awareness.From the view point of majority jurists, such person for havingfreewill and awareness in becoming intoxication and also forcommitting legal prohibition, would be recompand to punishmentand results of his/her acts. Opposed to, undelibrated drunk whohis/her intoxication is allowable and it is legal excuses. Such person People healthy and their lineage pure and original. In this case,Iranian and Egyptian legislators by counting some of the instancesof permenant prohibition of marriage in law text, have beenemphasized on it. Manuscript profile -
Open Access Article
10 - Comparative Study of Role of Jurisprudence in Realization of Judicial and Economic Security in Iranian Law and Egyptian Law
Gholam Ali Seifi Zinab Rima AmiraghdamJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of t MoreJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of this principle. The main stage in the judicial system is an activity that we call it judgment. Jurisprudence due to important factors such as independence of judges, respect for acquired rights, common understanding of the law, without discrimination performance has a very important role in the realization of judicial security. The realization of economic security when interpretation of the law is not comply with social and economic realities due to the long process of change and reform of law, jurisprudence can provide an interpretation consistent with the realities of that time and meet the purpose of legal rules to achieve “efficiency”, So important role in achieving it. In this paper, legal security and economic concepts and the role of jurisprudence in their realization with comparative study in the Iranian law and Egyptian law to be examined. Manuscript profile -
Open Access Article
11 - investigating the criminal laws and regulations on children and adolescents in Iranian law and its effect on reducing social harms
sadegh khademi Ali janipour Karam janipourThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's for MoreThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's formula, 152 people were studied as a sample size by simple random sampling. The method used in this research is quantitative and a questionnaire. The data obtained from the questionnaire are analyzed using SPSS statistical software at two levels.In the first level, it has been analyzed using descriptive statistical methods (frequency, mean and standard deviation) and in the second level, using inferential statistical methods (one-sample t-test). findings show that strict laws such as imprisonment along with deterrent laws and alternative social punishments can play an important role in reducing social harms. In addition, the Office for the Protection of Children's Rights approved in 1399 is a new idea that can play an important role in reducing social harms if appropriate approvals are implemented. In addition, pre- and post-penal repair mechanisms play an important role in reducing social harms. Efforts to reduce social harm through domestic laws and regulations can also provide an indigenous model for reducing this social problem. Manuscript profile -
Open Access Article
12 - Obstacles and Challenges of Implementing New Procedures of International Environmental Law in Iranian Law
Fatemeh Sadat Ojaghzadeh Mohammadi Ali mashhadi Alireza ArashpoorThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has MoreThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has been based on compensation for environmental damages in a way that even the treaties and conventions that did not mention compensation for damages in the past were amended in the following editions and sessions. Iran, likemany other countries, is a member of Protocols, Conventions, and Environmental Treaties such as Climate Change Convention, Ramsar Convention, Vienna Convention for the Protection of the Ozone Layer, Basel Convention, Cartagena Protocol, Convention on the Prevention of Marine Pollution, but it (Iran) has not been very successful in Environmental Laws and implementation of Legal Practices in Environmental Protection in such a way that there is not much obligation regarding Environmental Protection and in cases where the government itself is the damaging party (side) to the environment, Real Entities or Private Non-Governmental Organization are in no position to defend or make Environmental Complaints against the Government. Also, Iran’s Legal Policy for the Environmental Compensation of environmental damagesis based on the Theory of Fault and practically there are a lot of problems for the injured party to prove the fault. Therefore, the primary reason for the difficultiesof implementing the Modern Practices of International Environmental Law in Iranian Law is due to the infirmity andapproval of Environmental Laws as well as the lack of obligation of the Government and Institutions to implement the international convention. Manuscript profile -
Open Access Article
13 - Analysis of the duties of mass media from the perspective of Quranic jurisprudence and Iranian law in media propaganda
mohammad heidari narmandi Mohammad Ali Heidari masoud raeThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious com MoreThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious communication in the mass media. The Qur'an is quoted in the media and is briefly as follows: A. The free flow of information is not prohibited, except in cases where an explicit prohibition has been received from the Holy Shari'a or an expedient reason arises from a secondary ruling prohibiting freedom of information and the obligation to censor. B- Justice in information means equality between people in receiving information and prohibition of discrimination in providing information service to the audience of news media are other specific policies in the view of the Shari'a. C- Activation of the information system is another policy that has a positive dimension and a current aspect. According to this policy, the information system should not be indifferent to what is happening in society and should deal with unhealthy news flows and put service to the goals of the Islamic system on its agenda. Manuscript profile -
Open Access Article
14 - A Comparative Study of the Obstacles to Performing the Same Obligation in Islamic Jurisprudence, Iranian and British Law
Mohammad Reza Ashtari Hassan Pashazadeh Salman ValizadehThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation MoreThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation that compels the obligor to perform the same obligation or impede performance of the obligation or claim for damages or other compensations, the obligee has the right to make a claim either for the fulfillment of the same obligation or compensation. As long as there is no obstacle, the obligor performs the same obligation, and the court considers the request of the obligee. However, if it is not possible to compel the obligor to perform the same obligation or due to some obstacles, the judicial process prolongs or costs increase, the court is obliged to follow up. The obligee is also entitled to rescind the contract and doom the obligor to pay penalty for breach of contract. Manuscript profile -
Open Access Article
15 - Examining the principle of joint responsibility of governments in international environmental law and its relationship with the position of the rule of fairness in Iranian law
Mir hasan riazi ‎ Ali Faqih Habibi Ali ‎ Mashhadi Mansour pour NouriThe principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global de MoreThe principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system. In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute. Manuscript profile -
Open Access Article
16 - Transfer of the International Subject of the Contract in Iranian and British Law
Mohamad Mahdi Kazemi Moghdam Tayeb Afsharnia Mohamad Taghi RezaeiThis study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important is MoreThis study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important issues in private law that is considered is the transfer of the subject of the contract. The transfer of the subject of the contract causes the contracting party to leave the legal relationship and another person, called the deputy, to take his place. In such a situation, the contract remains, and the only change that occurs is a foreign replacement in the position of the contracting party. The results indicate that Iranian law, in addition to identifying the forced and consequential transfer of the contract, not only has the necessary capabilities and tools to confirm the voluntary transfer of the contract, but also has a comparative advantage over British law due to its acceptance of the institution of debt transfer. Manuscript profile -
Open Access Article
17 - The Position of Responsibility and Compensation in the Light of Quasi-Criminal Law in the Penal System of Iran and the United Kingdom
MohammadReza Golpayegani Nasrin Mehra Mohammad Ali Mahdavi Sabet Ali SafariThis article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a des MoreThis article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a descriptive analytical method and was investigated using a library method. The results of the article showed that in the criminal system of Iran, the rights of victims of quasi-crime do not have a proper place, and in the legislative policies, the compensation of their losses is not paid much attention, but in the criminal system of the United Kingdom, there are comprehensive regulations regarding the compensation of victims of quasi-crime. In Iran's courts, compensation for non-intentional crimes is done after proving the violation of a legal provision as a result of carelessness or recklessness, and in the courts of the United Kingdom, compensation is done after proving the violation of a legal obligation. Manuscript profile -
Open Access Article
18 - Review the Role of Public Order in the Implementation of Foreign Judgments in Terms of Islam and Iranian law
Hamid Bazrpach jalil Maleki Hasan Pashazadeh Mohammad Reza MojtahediIn this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of MoreIn this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of different countries recognize the concept of public order and consider it as a criterion for limiting the will of individuals. However, they do not agree on the nature of the concept of public order and have found it difficult to know the truth. Contrary to some people's beliefs, public order is not a rule and it is not a legal concept, but one of the main features of social life that is used in the judicial system as a model for creating administrative integration. However, it must be argued that today the enforcement of foreign court rulings in civil matters is accepted in the Iranian-legal system, and in some cases the issuance of the enforcement order is intended in civil matters. Manuscript profile -
Open Access Article
19 - A Comparative Study of Legal Vacancies in the Field of Official Document in Iran and Turkey
Kamyar Shibetzadeh Behshid Arfania Vali RostamiKamyar Shibetzadeh [1] Behshid Arfania[2] Vali Rostami[3] Abstract The present study is a comparative study of cases, origin and effects of legal vacancies in the field of official document in Iran and Turkey. According to the subject documentation presented in t MoreKamyar Shibetzadeh [1] Behshid Arfania[2] Vali Rostami[3] Abstract The present study is a comparative study of cases, origin and effects of legal vacancies in the field of official document in Iran and Turkey. According to the subject documentation presented in this research, the research method is descriptive-analytical and the method of data collection in this article is libraries. The findings of this study indicate that, in a comparative comparison between the two countries, Iran and Turkey in the field of official documents in both countries, special attention has been paid to the official document. It has led to the qualifications and powers of the editors and the performance guarantees for official document envisaged in the laws to be taken into account. In addition, the official document faces many legal vacancies in both countries. [1]- PhD student, Department of Private Law, UAE Unit, Islamic Azad University, Dubai, United Arab Emirates, notary_1023@yahoo.com [2] - Associate Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran, bearfania2121@gmail.com [3] - Associate Professor, Department of Public Law, University of Tehran, Tehran, Iran, vrostami@ut.ac.ir Manuscript profile -
Open Access Article
20 - Legal Challenges of Nano-technology in International law and Iranian law: Legal Solutions
Niloofar Sadeghi Abbas Poorhashemi Ali Mashhadi Ali FaghihhabibiNanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers o MoreNanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers of some Nano-material could lead to environmental degradation or pollution. The rapid advances in Nano-technology have challenged traditional legislative regimes in both international law and national law, including in the field of the environment. The subject of this research is to investigate the legal gaps in nanotechnology, which has been done to determine the legal challenges in the use of this technology and also provide legal solutions. The present article is descriptive-analytical and finally, it has been concluded that if a coordinated effort is made between the various parts of the regulatory system at the national and international levels, it is possible to solve challenges and it can lead to the development of regulations at national and international levels. The development of new and special laws to eliminate the shortcomings of the existing regulatory system is one of the solutions. Manuscript profile -
Open Access Article
21 - Conditions and Effects of the Ruler on Determining the Demand and its Price in Iranian and French law
Gholamreza Rostamifar Saleh Yamrali Ali akbar EsmaieliThe subject of the request and its determination can be studied in jurisprudential texts and the law of some countries such as Iran and France. Determining the claim and its price in legal claims is a very important issue that is also known as the main and basic element MoreThe subject of the request and its determination can be studied in jurisprudential texts and the law of some countries such as Iran and France. Determining the claim and its price in legal claims is a very important issue that is also known as the main and basic element of any lawsuit. Therefore, the purpose of this study is to determine the conditions and effects of determining the demand in Iranian and French law which has been studied in legal dimensions. The authors have used descriptive-analytical and library collection methods. Financial or non-financial demand, the criteria for evaluating the demand price, and the rules of demand determination are very important issues that can be examined. In French law, the demand and its determination can be considered important, and this issue is mentioned in Article 1128 of the French Civil Code, and the criterion and criterion for evaluating the demand and its price is its "tradability". Manuscript profile -
Open Access Article
22 - Prohibition of Gender Discrimination in Women's Employment in Iran(Case Study of Women in District 14 of Tehran)
Mehdi Shabannia Mansour Mahdieh HosseinabadiToday, women's participation in the expansion of social and economic activities has increased significantly, but the income gap between men and women in the labor market is one of the most important discriminations that has been accompanied by increasing women's partici MoreToday, women's participation in the expansion of social and economic activities has increased significantly, but the income gap between men and women in the labor market is one of the most important discriminations that has been accompanied by increasing women's participation in the labor market in recent years; therefore, the purpose of this study is to investigate the prohibition of gender discrimination in women's employment in Iranian law from a statistical point of view. This research is applied in terms of purpose and descriptive and survey in terms of type. The statistical population of the study consists of all women in the 14th district of Tehran. The statistical sample was determined using the Cochran's formula of 384 people. The results showed that the level of attention of politicians and influential people in the legislature to the status and rights of women, including freedom of labor and their right to employment in development programs, is low and gender discrimination in access to opportunities is one of the barriers to wom­e­n'­s freedom and employment. Manuscript profile -
Open Access Article
23 - Controlling, preventing and combating violence against women in Iranian laws
Amirreza Mahmoudi Haleeh MajidiViolence against women, in addition to the harm done to the victim and its short-term and long-term effects on the lives of victims, due to the status and legal position of women in any society, has many political, economic and social consequences. Therefore, considerin MoreViolence against women, in addition to the harm done to the victim and its short-term and long-term effects on the lives of victims, due to the status and legal position of women in any society, has many political, economic and social consequences. Therefore, considering all its negative effects in various fields and consequently, the emergence of legal problems and difficulties in relation to this phenomenon, it is important to know the relevant laws regarding the control, prevention and confrontation with this problem. In this regard, this study first examines the existing laws and regulations related to combating and controlling violence against women in the relevant laws of Iran and by pointing to the existence of inflation in this area and through the challenging the existing gaps and shortcomings and lack of Necessary coordination between the legislative, executive and judicial bodies in relation to the issue and even expressing the strengths of the existing laws, has discussed the issue and has come to the conclusion that the adoption and implementation of the laws without comprehensive consideration or the adoption and implementation of the laws without paying attention to their effects not only has not helped the prevention and prevent and combat with violence against women, but also violated their rights. Manuscript profile -
Open Access Article
24 - nvestigation of Cyberc Robbery Punishment in Iranian Law
Seyyed Mohsen Razavi AslBy development of internet and its effect on different parts of human life, different crimes happen in this context and one of them is robbery. Internet robbery is stealing of other’s data by computer on the web and it has three special bases of robbery which are MoreBy development of internet and its effect on different parts of human life, different crimes happen in this context and one of them is robbery. Internet robbery is stealing of other’s data by computer on the web and it has three special bases of robbery which are robber, victim and stolen. The general elements are material, logical and spiritual. So this kind of robbery has no basical different with traditional robbery and the only difference is the environment and way of doing crime. So we can say that internet robbery has the same laws like traditional robbery. In Iran, There is a common and special relation between computerize robbery and internet robbery. As any internet robbery is a computerize crime but not any computerize robbery an internet kind. Evidence show that even though internet robbery is a crime but its complexity and variety made it difficult to legislate proper rules because of that only article 12 is dedicated to internet robbery and it’s very limited and silent in some cases like robbery hadd. More over in internet robbery retributory responsibility for juridical characters is possible and it’s accepted in Iran c Manuscript profile -
Open Access Article
25 - Guarantees of Unfair Conditions in Additional Contracts; Studying the Legal System of England and Iran
ali akbar garosi Mohammad Reza pirhadiThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party MoreThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party is forced to accept this predetermined order without the right to change or modify its provisions. Unfair contract is a situation where the strong side of the contract misuses its position and imposes one-sided and unbalanced conditions on the other. Although in principle the conclusion of an extension contract is based on the principle of sovereign will and indisputable approach, namely "contractual freedom", but today in the legal system of Iran and the United Kingdom, like most legal systems in the world, it has lost its former footholds. The provision and the imposition of unfair terms on Manuscript profile -
Open Access Article
26 - A Comparative Study on the Theoretical Foundations, Objectives and Practices of Compensation in Civil Liability; in Iranian, French and British Laws
Ahmad Mirzaei Garmi Alireza Lotfi Dodaran Mozaffar BashokouhThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental p MoreThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental principles of civil liability law, has been accepted in Iranian law by some jurists and legal systems, including France and the United Kingdom. However, each of the aforementioned legal systems has adopted different approaches to achieving such a goal. On the contrary, the Iranian legislator did not have a clever and systematic view of civil liability and its objectives, and has not established a coherent system, so that neither the conventional theories nor the judicial procedures in Iranian civil liability law are in line with nature of compensation. Therefore, in this article, in a descriptive-analytical and comparative approach, theoretical foundations, goals and methods of compensation are reviewed, to help establishing a proper civil liability system and remedy legal gaps in the proper implementation of the provisions on compensation in Iranian legal system. Manuscript profile -
Open Access Article
27 - Enhanced administrative requirements specified in Iran in the light of jurisprudential standards
Javad pouralliakbar haneh farkish javanmir abdollahi Arkan sharifiSpecial Administrative authorities as authorities have played a significant role in administrative litigationAnd have been widely used in areas of government activity worldwide, and in Iran for decades, these references have been established and formed , and in Iran the MoreSpecial Administrative authorities as authorities have played a significant role in administrative litigationAnd have been widely used in areas of government activity worldwide, and in Iran for decades, these references have been established and formed , and in Iran they have dealt with a variety of cases of their own jurisdiction. That is, the fact is that in many countries around the world and in Iran the number of these authorities is increasing day by day and in other words these are developing. However , it is evident that the development of the aforementioned authorities, including the need for judicial oversight of those authorities , has , on the one hand, been examined in accordance with the principles of fair trial in the light of jurisprudential standards , and it has been concluded that the development of proprietary jurisdictions without the aforementioned requirements. The administration will face many challenges . Manuscript profile -
Open Access Article
28 - The condition of fetus inheritance in Iranian law, Imamate jurisprudence and other Islamic religions
babak dojheydarlo seyyd bager seyyedi bonabiAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determ MoreAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determining the share of an embryo's inheritance is that the embryo was created before the death of the fetus. The next basic condition is being born alive of fetus, even if he/she dies immediately after birth. But when it is doubtful in which the baby was dead or alive, and there is no reason to prove it, the baby cannot inherit anything. There are differences in opinions between the jurisprudents of Islam, both the Imams and the jurists of fives Islamic religious. Some of them believe in the inheritance right of the fetus after death and some believe that living is the main condition of his/her inheritance. Also in abortion, it is accepted retribution and compensation for the killer, jurisprudents still discussing the inheritance and its extent. With the development of science and technology, new situations such as embryo development in the laboratory, artificial insemination, surrogacy, etc. are also among the most controversial issues among jurists and Lawyers. Manuscript profile -
Open Access Article
29 - Political Security of Citizens in Iranian Jurisprudence and Law and International Documents
sayed askari Hosseini Moghadam sayed ali hashemi khan abbasi mehran sharifi kelarijaniSecurity can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonab MoreSecurity can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonable and proportionate relationship between the actors' wishes to have within a political unit that ultimately gives the actors satisfaction. With the development of human societies, new horizons have been opened in the field of security and new dimensions have been added, one of which is the new dimension of "political security". Whereas some experts consider this dimension of security to be more prominent than other aspects of security. In fact, the security of the political system has always been one of the most important prerequisites for other aspects of security (personal, public, economic, social, etc.), thus being one of the most elaborate and oldest security research topics. Therefore, the issue of security, and in particular political security, is considered as one of the key components of fundamental human rights in all modern societies and has taken on the essence of human rights. This research seeks to recognize the issue of citizens' political security in Iranian jurisprudence and law as well as international documents. In this regard, in the Imamiyyah jurisprudence, the right to exercise and express political opinions is considered to be the most important statement in the political security of individuals and in other comprehensive rights and political freedoms. Manuscript profile -
Open Access Article
30 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
Open Access Article
31 - Judicial and Lawful Approach on the Status of Natural Children
aliakbar izadifard mary mohajeriThe natural children and the legal capacity related to them has been always a matter of controversy in many legal systems. In some legal systems such as France, homogenizing the rights of legitimate and illegitimate children is sought, while in Islamic countries, partic MoreThe natural children and the legal capacity related to them has been always a matter of controversy in many legal systems. In some legal systems such as France, homogenizing the rights of legitimate and illegitimate children is sought, while in Islamic countries, particularly in Iran, the purity of parentage is the matter in legislation relating to children. This article explains the arguments for and against the homogenizing rights of illegitimate children stating that advocates argue for homogenizing of children's rights, whether legitimate or illegitimate, with an emphasis on the principle of individualization of punishment They believe that considering some deprivation for natural children, while they normally have no role in the matter is contrary to justice and anyone should not be punished for the mistakes of others. In contrast, opponents state that the abolition of the statutory deprivation for these children is not only to the detriment of families, but it would weaken the foundation of them and cause in diminution of relative interests and also in damaging the children, who come into the existence through this way. Hence, with an awareness of the adverse consequences of failure to guarantee the generation of illegal relationships outside of the families, the Islamic legislator seeks to protect the health of generations and purity of people in the community. Because, in the Islamic religion, purity of parentage is one of the main intentions, so that many of the provisions have been issued in order to protect and preserve it. Manuscript profile -
Open Access Article
32 - Investigating the security commitment of digital and software systems manufacturers in Islamic jurisprudence, Iranian and European subject laws
Seyed Mohammad Reza Hosseini Alireza mazloomrahni Alireza RajabzadehestahbanatiDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of def MoreDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose. Manuscript profile -
Open Access Article
33 - Examining the claim of entering and attracting a third party in Iranian and American law (federal)
Alireza Sotudeh ali pourjavaheri Ali Jamadi Darush BabaeEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plai MoreEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plaintiff and the main defendant (their dependents), another person is also a beneficiary in the lawsuit, he should enter the lawsuit under the title of "third party"; "Third-party entry" or "Third-party acquisition" will have special provisions. The results of this research showed that in Iranian law, the conditions for filing the said lawsuit are not mentioned in the legal articles related to the third-party claim. But there are two related conditions or the same origin. In order to file these lawsuits, the American legislator has provided three conditions of a common action or legal event, a common judicial or subject matter, and having an interest in the main issue to file these three lawsuits. These conditions of the American federal law are similar to the Iranian procedural law. . Regarding the third entry, the situation is slightly different. The third party cannot always be considered as a defendant, which has been proven both in Iran's civil procedure and in the American federal law. Manuscript profile -
Open Access Article
34 - A Comparative Study of the Dimensions of Refugee Property Rights in International Historical Documents and Iranian Law
Fatemeh Darvishi Mohammad Sadeghi Seyed Bagher MirabbasiThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights a MoreThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission. Manuscript profile -
Open Access Article
35 - A comparative study of the conditions and effects of the dissolution of design and construction contracting contracts in Iranian and British law
mohsen kheiri mohamadreza pirhadi bakhtiyar abasloDissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples i MoreDissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples in the Iranian and British legal systems. In the United Kingdom, the example of the famous GTC contracts, and in Iranian law, the example of industrial design and construction contracts (known as EPC) and non-industrial (known as design and construction) contracts have many applications in this field. We will see that the rules and effects of dissolution of the contracts mentioned in Iranian law, although much more advanced and more carefully written than its predecessor, which is the "general terms of the contract", but the government's view of contract contracts in some cases balance the contract. It has led to the interests of the employer, which will be a major obstacle to the success of the contract and the reduction of claims arising from it. Certainly, using the experiences of other legal systems, including the British legal system in this field, while laying the groundwork for understanding new aspects and lesser-known principles, can enable the domestic legislature to provide an example of a comprehensive contract that explicitly states the obligations of the parties and its effects. Be helped. Manuscript profile -
Open Access Article
36 - Coercive guardianship in Iranian law and a similar institution in American law
hasan falah javad ganji behnam ghanbarporField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial MoreField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial affairs. And the minor's non-financial status and his legal representation, whether during the other's lifetime or after his death. According to the civil law, the father has compulsory guardianship, but the mother is deprived of the right of guardianship over her child, unless the mother becomes the special guardian according to the will of the father. This is despite the fact that in many countries, the benefit of the child is often considered and not the gender of his parents. In the previous laws of America, as in Iran, it was the father whose role in custody was important, and the mother was deprived of all custody rights of her child. Therefore, in this research, we are going to examine what is the position of coercive guardianship in Iranian and American law?Method: This article has been done in a descriptive-analytical way.Finding and Conclusion: Legal custody is a right and obligation that is given to parents to make important decisions in the child's life after divorce. With the passage of time and changes in the laws, the mother also had rights and duties alongside the father. The benefit of the child is the most important change in custody rights, and the courts should give custody to the most qualified person, either the father or the mother, based on the hypothesis of the best interest of the child. . The examination of the legal system of Iran and the United States shows that there are basic similarities and some important differences in the two legal systems of Iran and the United States regarding guardianship and guardianship of children. Manuscript profile -
Open Access Article
37 - Lease contract and its relationship with the right of goodwill in the laws of Iran and Egypt
zakiye soltan alireza lotfi dodran davood andatrzField and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and MoreField and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and has common characteristics in the laws of Iran and Egypt. As a type of lease contract between lessor and lessee, goodwill has always had dark and ambiguous points in it.Method: The research method is descriptive and analytical.Findings and Conclusion: In Iranian law, goodwill is associated with the lease contract, so if goodwill is transferred to the lessee, the owner does not have the option of renting it to a non-lessee. Also, in the leases subject to the Law of Landlord and Tenant Relations 1376, goodwill does not exist independently of the lease relationship and is a matter that is realized only by the existence of the lease contract; Therefore, if there is no reason for the occurrence of the lease contract; The claim is not required to prepare an official peace document. The characteristics and common characteristics of the lease contract in Iranian and Egyptian law are: exchangeability of the lease contract, consensuality of the lease contract, necessity, temporaryness, gradualness, etc. Manuscript profile -
Open Access Article
38 - A comparative study of assignment of contract in Iranian legal system and common law with emphasis on lease contract
amir abbas kavoosi Hassan Badini Nejad ali AlmasiThe assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed i MoreThe assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed in the contractual position of the assignor as a substitute. The most vital effect of the secondary transfer of the lease contract is the same as the voluntary transfer of the contract of the third party, for the method of subrogation of the buyer in the secondary transfer of the lease, it is clear that it is the buyer's representative in the same tenant in relation to the transfer of the right to receive rent and the right Termination and discharge to him is disputed and disputed in the courts. The findings of the research indicate that in the English legal system, with the secondary transfer of the lease contract to the buyer, he is obliged to conclude and accept the terms of the lease contract, and despite the contractual legal transfer to the buyer, the seller also becomes responsible. The research method is descriptive and analytical. Manuscript profile -
Open Access Article
39 - Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law
Pari khaledi Bahareh ShafieiIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of MoreIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading. Manuscript profile -
Open Access Article
40 - Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Mohammad Ojagh Mohammad Ali Safa Mehdi BahrehmandAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in ord MoreAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority. Manuscript profile -
Open Access Article
41 - The place of motivation and ideology in defining terrorist crimes in Iranian law and comparing it with international documents
mazaher khajevand mina jafariOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of MoreOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of coordination in the fight against it. The fundamental question that arises in this regard is what are the characteristics and elements emphasized in the crime of terrorism? What is the place of motive and ideology in the definition of terrorist crimes in Iranian law compared to international documents? The present article is a descriptive-analytical and examines the question using the library method. The results of the study indicate that systemic violence, motivation (ideology), organization and lack of legitimacy are the most important characteristics of the crime of terrorism. International documents, including the UN General Assembly definition of terrorism, mention motive as a feature of terrorism, but in Iranian criminal law, the basis is not an independent criminal title for terrorism and emphasizes the systematic violence of terrorism in creating public terror. In Iranian criminal law, terrorism is mainly dealt with as moharebeh. Terrorism is considered in international documents or as an international crime in itself. Manuscript profile -
Open Access Article
42 - A comparative study of the nature of sports contracts in Iranian and English law
Abdullah Dolah Mehdi Firoozabadian Gholamreza YazdaniThe present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to MoreThe present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to answer the question that the nature of sports contracts in Iran and England What is? Pay attention to the fact that by examining the elements of the sports contract and comparing it with other similar contracts, the legal nature of the sports contract can be determined. It seems that in a general summary, the legal nature of sports contracts in Iranian law is one of private contracts, and it is a lease contract for individuals, and by determining this nature, the challenges that existed in similar contracts will not arise in this case; because the private contract has a broad meaning and includes all the matters discussed in the sports contract; Also, although it has limitations, it does not have a negative effect on the sports contract; Rather, it causes its consistency; But in English law, the legal nature of sports contracts is subject to the rules and regulations of the labor law. Manuscript profile -
Open Access Article
43 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile -
Open Access Article
44 - A Comparative Study of the Principles and Types of Installment Sale in Iran and Islam the Vienna Convention 1980
jalal soltanahmadi Joseph EBRAHIMIone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention also Moreone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention also defines it. It did not offer an installment contract, but according to Article 73, a contract in which "delivery of goods is step-by-step and frequent" is deemed an installment, and this view is reflected somewhat in the arbitrators’ options. The current article, while examining the concept of installment sale, has probed the principles and types of installment sale and the objections to it at the same time, likewise. The results of the investigation show; Installment sales in Iranian law have different terms and conditions than the Vienna Convention, and in some cases, the actions of the Vienna Convention regarding installment sales are against the regulations and rules accepted in Iran's legal system. However, this difference does not indicate the superiority of the provisions related to installment sale in Iranian law; in the general concept of the rules related to installment sale in Iranian law, it has ambiguities and the only way to benefit from the quality of installment sale is to remove its responsibility from the banking sector; Because the banking instructions regarding installment contracts are completely inconsistent with usury-free banking operations, and in this field, except for a few installment contracts, they are completely identical to usury operations. Manuscript profile -
Open Access Article
45 - Study of Privacy in Civil Rights and Imami Jurisprudence
Taraneh Mehdi alinia Gabriel Hope abbas samavatiProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizens MoreProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizenship rights in an analytical-descriptive way. With the investigations conducted, it is found that the sharing of privacy in Islamic jurisprudence with citizenship rights is more than its differentiation. The findings in this paper show that the concept of privacy in Islamic jurisprudence and citizenship rights are equal and their differences in the fundamentals and theories accepted by these two are important. The results of the implementation of Islamic jurisprudence and citizenship rights show that the basis of citizenship rights in the manner of compensation is based on the rule of law, but in citizenship rights the theory of fault is considered, on the other hand, there are significant differences in the protection of privacy violations and the prevention of privacy violations, but in principle, the acceptance of the privacy of the two is not inconsistent. Manuscript profile
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