Obligations

Open Access Article

1 - Law governing obligations in electronic contracts
Rahim Abdoli Tayeb Afsharnia Alireza Rajabzadeh Estahbanati

10.30495/jlap.2022.67334.1666

The electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form More

The electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form and compatibility with the rules and regulations of civil law regarding contracts is one of the new topics, the recognition and study of which depends on the formal structure of the electronic environment and well-known communication technology concepts in this field. . Determining whether a binding contract is concluded in the relationship between the parties or is done in accordance with the applicable law. Although e-commerce law does not seem to conflict with the general rules and regulations of civil and commercial law, there is considerable coherence and coordination with the formal and technical concepts and rules of legal resources in applying these rules to the legal issues of e-commerce contracts. This research is theoretical and content analysis and by referring to legal and related sources, an attempt has been made to provide relevant laws. Today, the law governing the contract is outside the scope of national law, and it is not necessary that the law governing the election of the parties to the contract be related to the contract, and also the laws governing the contract can be changed with conditions, As a result, concluding these contracts in a different and new environment has different rules governing different contracts and obligations, which are discussed in this article. Manuscript profile

Open Access Article

2 - Evaluating the possibility of harmonizing the regulations governing electronic contracts with international regulations.
elahe ekrami SHOKROLAH NIKVAND

10.30495/jlap.2023.21853

In some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, More

In some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, e-mail address, validity period of the offer and terms of cancellation in her offer, while according to the civil law, none of these cases are the responsibility of the seller. The purpose of this research is to investigate these differences and their causes, weak points or strength, and how to combine laws in some cases. The research method in this article is descriptive and analytical, and method of collecting information is library. Considering the non-personality and additional nature of electronic contracts and the possibility of their internationality, the law of electronic commerce has been prepared by adapting the international model laws in order to unify the regulations and harmonize most of the countries. Based on this, despite the terms of termination in these contracts, there is no place to invoke the civil law termination cases. Also, electronic documents such as normal and official documents are recognized as valid. It is appropriate for the judiciary to step in this direction. Manuscript profile

Open Access Article

3 - A Comparative Study on Duties, Powers and Obligations of Labour Inspectors in Iran Labour Laws and International Labour Standards
Seyed Mohammad Hashemi Ali Hajivand

  Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, m More

  Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, making policy and preventiveimportant duties. Hence, In order to enforce these duties in premises, they, inaddition to have certain rights and powers, should enjoy the stability andindependence of the employment, so that they exercise their duties andpowers in impartial manner and free of undue pressures and constraints fromoutside the system, in order to protect the manpower, economic sources andenvironment of work that are, nowadays, considered as essential elements ofsustainable developments. Therefore, labour inspectors, as representatives ofthe State in thr world of work, are empowered considerable rights legalpowers that their proper enforcement of these rights and duties constitutesthe fundamental to the authority of inspectors and inspection system as awhole.Instead of these rights and powers, labour inspectors also undertakethe obligations that consist of: the compliance to the principle of theimpartiality in the process of the inspections, preservation of professionalsecrecies concerned with employers, confidentiality regarding the source ofcomplaints and professionalism and competency. Manuscript profile

Open Access Article

4 - The Model for Assessing and Prioritizing Effective Requirements in Marketing and Augment of Tax-payer satisfaction in National Tax Administration of Iran
H. Nezakati Alizade, R. Golzar Adabi

In this research for the first time in Iran; we try to distinguish effective factors of customer satisfaction by prioritizing requirement of the tax organization with the use of Kano and SERVQUAl models. We determine that the tax is the most important finance More

In this research for the first time in Iran; we try to distinguish effective factors of customer satisfaction by prioritizing requirement of the tax organization with the use of Kano and SERVQUAl models. We determine that the tax is the most important finance policy instrument to achieve economic growth social equity and regulation of many economic sectors. The last experiences of the tax system in Iran and other countries indicate that customer cooperation is the most effective way to achieve the goals of tax organization in every country. In this research, by use of three hypotheses exploratory research project; surveying research and accidental sampling the necessarily statistical information of 297, people from the north, south, west, and east tax administrations was collected by the reliable method (standard, approved by supervisor and advisor) and a valid questionnaire (by use of Cronbach alpha indication with the result of 85 percent). The achieved results indicate that prioritizing the tax organization is based on SERVQUAL factors (reliability, responsiveness, tangible, assurance, empathy); Kano model (basic, performance, attractive requirement), and the integration model. Manuscript profile

Open Access Article

5 - The Concept of Iitlaq in the Fiq'hi (Islamic Jurisprudential) Term of Velâyat-e Faqih
Seyyed Javad Varaei

10.30495/jijl.2022.67472.1544

Velayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" More

Velayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" does not have the same meaning in Fiq'hi "Islamic jurisprudential" terms. An overview shows that this word is used differently according to the topic under discussion. At least six meanings and concepts of this word can be seen in the phrases of fuqahā (Islamic jurists), which is a sign of the relative nature of its meaning and concept. The Velayat that "it is not bound by expediency", "in addition to the public sphere, it also includes the private sphere", "beyond the scope of the necessary affairs of the society, it contains all public affairs", "in addition to the implementation of Sharia rulings, tries to enact laws in the realm of Sharia principles", "in addition to the implementation of rulings, establishes laws in the realm of Sharia Mubah "permitted" and obligations" and "Velayat over the property of the Imam (AS)" is referred to as Velayat-e motlagh-e (absolute guardianship). This variety of usage shows that the assignment of iitlaq in the term Velayat-e motlagh-e does not have the same meaning and concept and it has a different meaning depending on the topic under discussion and in dispute. The purpose of this research paper is to show relativity in the idea of iitlaq in the Islamic jurisprudential term of Velayat-e motlagh-e. The research method will be descriptive-analytical based on reliable Fiq'hi "based on Islamic jurisprudential method" sources. Manuscript profile

Open Access Article

6 - Modeling the underlying factor of taxpayer behavior when receiving training in order to improve social capital (case study: legal entities of Tehran)
Foroogh moezzi mohammad ali keramati mohammad ebrahim mohammadpur zarandi

10.30495/jisds.2023.75246.11955

 One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfi More

 One of the factors that has recently been mentioned in order to improve social capital from theeconomic aspect is the fulfillment of tax obligations through education and culture. It seems that the mostimportant result of training taxpayers is to improve the fulfillment of tax obligations, which can lead to theimprovement of social capital. The present research tries to examine one of the important aspects for thefoundation and improvement of tax implementation in the country, which is the training of the tax plan in theeffectiveness of tax implementation. To detect the effects of educational programs on taxpayers' behavior(fulfilment of tax obligations and business results), the factor-based modeling approach, which is a part-towhole approach, has been used. This research is of applied type and its statistical population consists of legalentities of Tehran city and by examining articles in foreign and domestic scientific databases in the field ofresearch, factors were identified and through the tax organization database and questionnaire during the periodof 2014 to 2019, the desired information has been collected. After identifying the factors, the relationshipbetween them and the relationship of the factors with the environment and finally modeling the basis factor andimplementing it in AniLogic software, it was concluded that the training courses held for each taxpayer canimprove the taxpayer's perception of the amount of tax that has been assigned to him. Decrease, which will leadto the fulfillment of tax obligations and improvement of social capital and changes in profitability and costlevels.  Manuscript profile

Open Access Article

7 - The role of Cultural Engineering in Development of Citizen's Ethics
دکتر هاشم نیکو مرام دکتر اسماعیل کاوسی حوریه سادات

Introduction: citizen ethics are a set of rules and social customs which can provide the possibility of a good and coordinate life without any tensions with each other or environment in large, medium and small cities. So  the viewpoint and ethical approach of  More

Introduction: citizen ethics are a set of rules and social customs which can provide the possibility of a good and coordinate life without any tensions with each other or environment in large, medium and small cities. So  the viewpoint and ethical approach of  authorities and residents of these cities  can help  to institutionalize  this  approach by cultural engineering , and can provide possibility of calm  pass  to sustainable development  and  eliminate Inappropriate  situations to  appropriate ones for  future generations. This research reviews the relationship between cultural engineering and developmentof citizen ethics. Method: This research is descriptive in terms of performance and is done by using correlation method and is considered as an applied research in terms of goal.  Results: Having considered the indexes such as social obligations, professional obligations and personal interests in the theoretical studies of research in ethics area, the result has shown that the social obligations are most influenced by culture in ethics area andSocial obligations and personal   interests were shown to have been most influenced by cultural engineering techniques. Conclusion:  The results demonstrated that cultural engineering does have an effect on promoting ethical and moral values .In other words the development of citizen’s  ethics by cultural engineering is considerable. Manuscript profile

Open Access Article

8 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat Mirtorabi

10.30495/jest.2020.23942.3304

Environmental regulation is one of the most important subset of social regulation.  The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community More

Environmental regulation is one of the most important subset of social regulation.  The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community may decide that one of its collective goals is to sustain the quality of its waterways. It might achieve this by promulgating a binding legal rule prohibiting any person from dumping waste exceeding a specified quantity into its public waterways, and imposing a financial penalty on any person who violates this rule. However, the same collective goal might also be achieved by imposing a system of tradeable permits that allows certain amounts of wastes to be dumped into public waterways upon payment of a specified sum.This research is based on library studies and descriptive analytical method and a new approach is sighted.Purpose of this study, is to explain the role of environmental regulation as a facilitator of the administrative structure in good condition along with social interaction. Also, is considered explaining the importance of regulation and rule-making.Regulation is including important social standards and strong enforcement of legal obligations in the community. The fundamental standards, is consistency in the field of public law and seems important approach is environmental Protection and Citizens adherence to environmental obligations. Manuscript profile

Open Access Article

9 - Investigating the Fundamental Principle of Deterrence in International Environmental Law
Mohamad Zaker Ardakani Alireza Arashpour

10.30495/jest.2019.45943.4756

International Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence More

International Environmental Law, which is a Branch of public International Law, is Primarily Based on Preventive and Precautionary Measures, and its Ultimate Goal is to protect the Global Environment from Pollution and Damage to Human Health. The Principle of Deterrence is a Fundamental and Universal Rule in Development-Oriented and Sustainable Policies Related to the Exploitation of Natural Resources and Ecological Aspects of Countries, Which on the one Hand Focuses on Pollution Prevention and Precautionary Measures in the Face of the Environment and Natural Resources. On the Other Hand, it includes Systematic Protection Measures and the Cooperation of Countries and Other Persons under International Law with Regard to Environmental Activities and the Exploitation of Natural Resources, Under National Sovereignty and Jurisdiction. Therefore, Violation of the Principle of Deterrence, Due to the Limited Environmental Resources and the Long Process of its Replacement, Leads to Improper Use of Natural Resources and Causes Numerous Damages to Environmental Components, Including Water, Air, Soil, Plants, Wildlife, etc. Which are Sometimes Irreparable and Ultimately Threaten Human Life and Health, Although Repairing the Damage and Compensation Requires Exorbitant Costs and Long Periods of Time, Sometimes Intergenerational Manuscript profile

Open Access Article

10 - Environmental Diplomacy in the Light of International Convergence: an Effective Approach towards International Law Sustainable Development
Ali Zaree sobhan tayebi Shima Naderi

10.22034/jest.2019.15683

Today, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the ne More

Today, environmental protection and sustainable development are two essential axes in the path of human life. In this process, international actors, namely governments and international organizations, play a major role. Commitment to international commitments and the need to adhere to the rules of the law are two crucial foundations in explaining the role of environmental diplomacy in achieving sustainable development. Development and environmental protection will certainly not be on a sustainable path unless regional interactions and international cooperation take a serious turn. This study is based on bibliographic and descriptive approach and is based on the evaluation of new sighted. Along that, environmental diplomacy is known as an effective method to natural resources and ecosystems conservation. So, environmental discussions are very much important international convergence reason. Therefore, international community can lead to global environmental conservation strategies with that convergence attitude. This research aims to determine the international environmental law evolution firstly and government’s roles in front of environmental challenges lying international convergence and legal fundamentals. So, environmental threats and hazards, display an illogical human act, that can be solved under the shadow of international convergence and moving to environmental conservation and global peace. Manuscript profile

Open Access Article

11 - Reinsurance: taking advantage of internationalization opportunities in line with social security
Fatemeh Hashemi Jamshid Edalatian Shahryari Jalal Haghighat Monfare

Due to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalizat More

Due to its nature, the insurance industry is one of the most key social phenomena in order to ensure social security. Among these different forms of insurance, reinsurance has a greater impact on social security. Considering the expansion of the phenomenon of globalization on the one hand and considering the effective role of reinsurance as one of the public policy tools in guaranteeing social security, this research is conducted with the aim of designing a reinsurance model to enter international markets. This study is practical in terms of its purpose, which was conducted with a qualitative approach in terms of its nature and form of implementation. The statistical population of this research includes 10 insurance industry experts who were selected using targeted non-probability sampling. The main tool for data collection was a semi-structured interview and a Delphi questionnaire to screen indicators. Content analysis method and MaxQuda software were used to analyze the obtained data. The results of qualitative analysis by Max Kyuda software showed that the dimensions and components of reinsurance model design in international markets include investment, international marketing, strategies, market development, internationalization, internationalization attitude, international entrepreneurship and entering international markets. Also, for these components, 48 indicators were finally approved by the experts. The results of the analysis of sub-categories of the research showed that the indicators of compliance with international obligations, clarification, welcoming ideas and creativity about circumventing sanctions, attention and importance to information technology, establishing favorable communications and introducing oneself at the international level are among the most have priority. Manuscript profile

Open Access Article

12 - Financial crisis and profit smoothing technique
Behrooz Ghorbani mehrdad ghanbari babak jamshidinavid Alireza Moradi

The financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the More

The financial crisis is a long-term process which affects many financial and operational aspects of companiesand the financial reporting system has played a major role in this process by employing different accounting methods.The purpose of this study is to analyze the financial crisis by applying the method of smoothing the profit and considering the effects of the variables of the positive accounting theory.This research is a semi-experimental analytical researchWhich is applied in terms of purpose and is classified as descriptive research. Data were analyzed using a sample of 144 listed companies in Tehran Stock Exchange,during the period of 10 years (2007 to 2016), the data were combined and the multivariate regression model was analyzed.The results of the first to third hypotheses indicate thatthere is no significant relationship between the lack of liquidity, the inability to fulfill obligations and the failure of the operation with the profit smoothingand the reason for this is that the companies did not pay much attention to the use of smoothing in the context of the financial crisis.There is also a significant and inverse relationship between bankruptcy and profit smoothingwhich shows that companies facing bankruptcy by smoothing the profits seek to improve the conditions of bankruptcy. Manuscript profile

Open Access Article

13 - Breach of Obligation to Provide Information in the Contractual Relations of Iranian-British Law
Shahram Ghasemi Seyyed Hekmatollah Askari Ranjbar Sahraiey MassoudReza

The parties of a contract are required to express their available information to the other party. What is the legal nature of the obligation to inform, the fulfillment conditions and cases of its violation? The principle of good faith and the necessity of cooperation in More

The parties of a contract are required to express their available information to the other party. What is the legal nature of the obligation to inform, the fulfillment conditions and cases of its violation? The principle of good faith and the necessity of cooperation in contracts and agreements in creating a balance in the knowledge and position of the parties is the basis for the birth of this contractual obligation. The goal is to support the elimination of one-sided ignorance and establish balance and exchange justice. Based on the type of contracts, depending on whether we consider the obligation to provide information as an obligation by the means or the result, the violation of the obligation is of two types: positive (failure to express information effective in the conclusion or execution of contracts) and negative (failure to express information effective in the conclusion and execution of works). Divided and refrained from stating the facts, the civil liability of the contract is established based on the principle of full compensation for the damage and the balance of the position of the ignorant party against the world. Manuscript profile

Open Access Article

14 - Obstacles and Requirements For the Implementation Of the Revolutionary Civilization System
ali mohseni shanbeh bazari saeed eslamee kamal pooladie

Great revolutions in order to build civilization need long-term strategies and plans in order to achieve the set goals and ideals, therefore, recognizing and analyzing the problems and obstacles facing revolutions along with the requirements for realizing these goals is More

Great revolutions in order to build civilization need long-term strategies and plans in order to achieve the set goals and ideals, therefore, recognizing and analyzing the problems and obstacles facing revolutions along with the requirements for realizing these goals is one of the important prerequisites for building civilization. Thus, investigating and understanding these obstacles and requirements, emphasizing the Islamic Revolution of Iran, is one of the goals of the present research. What are the obstacles and requirements in the civilization process of the Islamic Revolution of Iran? The hypothesis of the research emphasizes the existence of internal structural obstacles and external cultural obstacles in the path of civilization of the Islamic Revolution of Iran. In this research, a qualitative method with a descriptive-analytical approach was used in order to present a pathological writing about the obstacles and requirements facing the goals of the Islamic Revolution, based on the theory of Spragens Research Method" based on documentary and library methods, and the collection of materials through Many books and articles have been scanned. The findings have confirmed the claim of the research hypothesis and have shown that the Islamic revolution is facing various internal and external obstacles to achieve its civilizational goals.Keyword: Islamic revolution, civilization, civilization, obstacles, requirements, Manuscript profile

Open Access Article

15 - Reflection of Accuracy Rule on the Law and Jurisprudence
Ruhollah Kiani Seyyed Mohamad Sadegh Tabatabaei

Accuracy rule is one of the most important items in the jurisprudence principles that has many usages and is used in all transactions(contracts and unilateral obligations), worships, speeches and beliefs. The accuracy rule is referred and used in the new and doubtable c More

Accuracy rule is one of the most important items in the jurisprudence principles that has many usages and is used in all transactions(contracts and unilateral obligations), worships, speeches and beliefs. The accuracy rule is referred and used in the new and doubtable contracts such as conveyance of goodwill or key-money purchase insurance, or transfer of copyright or editing that the public conditions and proofs are exist. This rule not only has been taken into consideration in the legislation area, individual and social rights but also has been confirmed and emphasized as a governing rule in the ethic, individual and social customs and manners. It affects on living problems of the people and even prevents from system difference, distress and constriction. Therefore, we see that it has a noticeable reflection on the regulations and laws. It should be added that this rule is supported and aided by all sources of Islamic laws(Quran, Tradition, Consensus and Wisdom). In this text it is tried to discuss more about this item(accuracy rule)in the law and especially its effects and reflection, because it has been discussed less than the other issues. We hope that we can step forward in this way. Manuscript profile

Open Access Article

16 - A Survey on the Bases and Conditions of Insolvency Option
Mostafa Elsan

In the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment More

In the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment of price and option of unfulfilled sale in part. Insolvency option is one of these rights which enacted for protection of the party who has to fulfill his promise or is willing to fulfill his contractual obligation. This legal option to terminate of contract is based on Islamic jurisprudence and predicted in the article 380 of Iranian civil code. In addition, there are articles in Iranian commercial code which relating to the right to retention or retaking of goods which loan or sold to bankrupted merchant. This paper has analyzed the subject in Islamic jurisprudence and Iranian related Acts. Manuscript profile

Open Access Article

17 - Official Rights of Judges of Justice and Rule of Prohibition of Receiving Fees for Obligations
Abdol Reza Mohammad Hosseinzadeh Hojat Azizollahi Mohammad Reza Rezvan Talab

10.22034/ijrj.2019.546210

One of positions with high social significance is judgeship which is considered as reference of obviating conflicts between people. In Islam religion, commissioning this position is obligatory for those who are competent. It is well known among jurisconsults that receiv More

One of positions with high social significance is judgeship which is considered as reference of obviating conflicts between people. In Islam religion, commissioning this position is obligatory for those who are competent. It is well known among jurisconsults that receiving fee for obligations is unlawful. For proving this illegality, Quran Ayahs have been adduced that citing them is not sufficient.  Along with these ayahs, some traditions have been mentioned on remonstration of fee for judges who have introduced it hard and illegal, that these traditions may be considered warden on the judges who are appointed by oppressor sultan. In contrast, some for ordering the license of receiving fee for obligations have adduced reasons such as respecting Muslims action and predicating return reasons and invalidity of prohibition reasons which seem defendable. But since the current duty of judges of justice according to law is merely accommodating the claims with legal clauses, they could be called legal expert not legal judge, so in judicial aspect, receiving fee by them is treated permissible. The present study investigates these topics and concludes that receiving fee for judgment has no judicial barrier.   Manuscript profile

Open Access Article

18 - Examining the role of trust (interpersonal and institutional) in citizens’ commitment to civic duties and obligations in Kerman city
Alireza Sanatkhah Mohamad Jalal Kamali Navid Fatehi Rad Zahra Mirzaee

10.22034/ssyj.2021.1916607.1153

Manuscript profile

Open Access Article

19 - The impacts of Donald Trump's policies on the fulfillment of the American Dream in international system
Mohammadreza Asl Javadian Arsalan Ghorbani Sheikhneshin Seyed Ali Tabatabaei Panah

10.30495/pir.2022.1949115.3431

Since Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in More

Since Donald Trump took office as US president, the American foreign policy experienced a new era and the discourse approach chosen by the US government, according to some pundits, challenged the foundations and structures the US foreign policy had built as a hegemon in the world. This paper tries to explain the repercussions of the Trump administration's measures on the "American Dream" at the global level through an explanatory formative method. The question of the paper focuses on the impacts of Donald Trump's policies on the fulfillment of the "American Dream" in international system. It is hypothesized that by disregarding the multi-polar order which governs the international relations and also the US withdrawal from international treaties and obligations, the "American Dream" is weekend and has diminished US position in the international system. The results show the Trump administration in the dimensions of multilateralism include; Abandoning international law and establishing unilateralism, NAFTA reform, withdrawal from the Paris Agreement, Trans-Pacific Partnership, and JCPA, review of coalitions, alliances and military commitments, disregard for liberal economic values, review of security commitments India and the Pacific, etc., undermined the American dream. Manuscript profile

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20 - Analyzing the role of credit containers in regulating financial legal relations With a comparative study of Shia jurisprudence and the legal system of Iran and France
ali shariati mehr ebrahim abdipoor ebrahim delshad

10.30495/alr.2022.1961242.2391

 Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to t More

 Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to the general topic of "property" in the first volume. However, the topics related to the rights of obligations, contrary to being separate in the Roman-Germanic system, are included under the title of "contracts, transactions and requirements" as well as "claiming contracts" despite being modeled on jurisprudence and with the aim of combining the two systems, under the general title of "property". are The present research aims to introduce and place credit containers in realizing the effects of financial legal relations.Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: From the point of view of subjectivity, ordering the financial legal relations of individuals in jurisprudence is explained by the two credit containers of "liability" and in the western system, these relationships are regulated by the credit container of "property".For this reason, the philosophy of creating credit vessels, in addition to the mentioned case, is to create minimum dependence of property on individuals and also to give it authenticity in order to facilitate the demand and transfer from one person to another. Therefore, in order to combine property rights and obligations rights, the civil law has established some kind of communication and interaction between credit vessels in order to regulate financial legal relations. Manuscript profile

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21 - Evolution of States' obligations in protecting biodiversity in international open waters
Pegah Nik Far Lialestani Hasan Savari Mohammed Hussain ramezani Ali Mashhadhi

10.30495/alr.2022.1928333.2065

Field and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the n More

Field and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas.Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner.Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever. Manuscript profile

Open Access Article

22 - The International Obligations and Responsibility of States for Access to Treatment and Vaccines for Emerging Global Diseases; Study Case: Covid-19
shahin Mozaheri Jebeli mohsen mohebi mohamadreza alipoor

10.30495/alr.2023.1928262.2064

Field and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law More

Field and Aims: International responsibility, as one of the most basic international legal institutions, creates rights and obligations for members of the international community, especially governments, which provides the basis for the establishment of the rule of law in the international community. In this regard, he first discussed the nature of human rights, the right to access medicine and vaccines, and examined the obligations and role of international community cooperation in dealing with and controlling global diseases, including Covid-19, and then examined the international responsibility of governments towards Violation of obligations related to access to treatment and vaccines for global diseases for people under their sovereign authority has been discussed and subsequently the international responsibility of governments in the field of dealing with newly emerging diseases, including Covid-19, is discussed. Method: The present research has been scrutinized, analyzed, and investigated using a descriptive and analytical method based on documentary studies with a survey tool. Findings and Conclusion: International Health Regulations (2005) along with some rules of the Agreement on the Application of Sanitary and Phytosanitary Measures (1994), the core of the obligations between international organization of governments to control and deal with global diseases, including covid-19, and on the other hand, paying attention to the importance of the cooperation of governments in dealing with global diseases, commitment It is against the international community and neglect and negligence on the part of the governments in this field, including treatment, Manuscript profile

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23 - Comparative comparison of women's convention with women's human rights in Iran's domestic laws
masoumeh ramezani tahere ebrahimifar Ardeshir Sanaei

The current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descri More

The current research aims to investigate the approach of the Women's Convention as well as Iran's domestic laws to the issue of women's human rights, by using a qualitative method based on collecting information from library sources (documents) and the analytical-descriptive method, and aims to answer the question that the Women's Convention and Also, what is the approach of Iran's domestic laws to women's human rights and how have the examples of these rights appeared in the aforementioned legal sources? The findings of this study indicate that legal conflicts in the fields of citizenship, women's residence and housing, family rights, cultural rights, right to employment, right to inheritance, political rights (right to be elected), legal capacity, equality before the law and so on.It can be seen between Iran's laws and the provisions of the Women's Convention, which is mainly due to differences in interpretations and the existence of some legal ambiguities; These conflicts have caused the Islamic Republic of Iran not to join the United Nations Convention on Women, and this non-adherence has fueled claims that this country is a "violator of women's rights"; However, the claim raised has not had a significant legal basis and influence in international forums and courts, but what is trying to make this claim appear more legal are political bases and factors such as the influence of the West against Iran, a political and selective approach to the category. Human rights in Iran are anti-Islamism and the West's stubbornness towards Iran, Manuscript profile

Open Access Article

24 - Breach of U.S Extraterritorial Obligations through Unilateral Economic Sanctions against Iran and Competence of International Human Rights Bodies
Amir Maghami Ali Akbar Jafari Nadoushan

US Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. More

US Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. The present descriptive-analytical paper shows that these sanctions violate extraterritorial commitments to respect to human rights and international cooperation by US. Among international human rights organizations, the Human Rights Council has the authority to hear them through Universal Periodic Reports (UPR) procedure or through special procedures. The council can also address individual complaints about human rights violations due to sanctions, in which case, in addition to the US government, third-party States with international Responsibility can also be sued. The competence of other international human rights organizations and even the International Criminal Court (in terms of the relationship between crimes against humanity and human rights) is further assessed. Manuscript profile

Open Access Article

25 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam Moradi

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the More

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile

Open Access Article

26 - Synthetic Collateralized Debt Obligations and Kth to Default Swaps Valuation Using Copula Model
Alireza Saranj

In this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this rese More

In this paper, I present an approach for valuing credit default swap (CDS), tranches of synthetic collateralized debt obligations and kth to default swaps. One-factor gaussian copula model is utilized to model default correlation for each pair of companies. In this research, I analyze the effect of different hazard rates and different default correlation between each pair of names on the spread to buy protection for multi-name credit products. The findings in the valuation of a tranche of a CDO show that if the correlation is low, the junior equity tranche is very risky and the senior tranches are very safe. As the default correlation increases, the junior tranches become less risky and the senior tranches become more risky. The valuation of kth to default swaps also shows that as the hazard rate increases, the spread of all swaps increases. Also, increasing the correlations between all firms while holding the hazard rate constant lowers the cost of protection in kth to default CDS if k is small and increases it if k is large. Manuscript profile

Open Access Article

27 - One Common Way to Deny the Validity of an Arbitration Agreement is to Invalidate the Original Contract or to Terminate theOriginal contract
mehdi asgharimoghaddam مصطفی ماندگار مصطفی السان

One common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is inva More

One common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is invalid or Since the original contract has been terminated, the arbitration contract must also be considered as terminated and as a result the arbitrator is not competent to deal with the dispute. If a transaction is terminated as a result of termination or cancellation and as a result of the original of the transaction or contract it is dissolved, the foreseeable arbitration clause will, like all other obligations and conditions, be void unless the parties to the dispute Going to the principle of a contract or transaction and terminating the validity of a dispute may be disagreed that it must be treated in accordance with Article 636 of the Old Civil Procedure Code. And the mere insertion of an arbitration clause in a contract that has been terminated or annulled is not an obligation for the court to refer to arbitration. In the present study, the author attempts to investigate the ambiguities in the arbitration terms and the effect of claiming the termination of the contract on the arbitration condition, as well as to find legal vacancies around it using a descriptive-analytic method. Manuscript profile

Open Access Article

28 - The General Condition of “Power Over Submission” from the Viewpoint of Imamiyah Fiqh and Iranian Law
Seyed Amir Mahdi Amin سیدحسن شبیری زنجانی

The concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, More

The concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator. Manuscript profile

Open Access Article

29 - The Liability of the Guarantor Regarding the Damage of Payment Delay in case of Bankruptcy of the Main Obligor
karim noormohamadi Reza Partovizade Benam

One of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this de More

One of the jurisprudential-legal issues that has been of great interest and the discussion about it has become very important today is that anyone who commits to something and does not fulfill his commitment on the due date, if the obligor suffers as a result of this delay. The obligor must compensate for the damages caused by the delay. If this obligation is common, the legislator has proposed the term "damage for delay in payment" regarding the bankruptcy of the obligor and the obligations of the guarantor and has made it subject to special conditions. The issue of late payment damages is one of the topics that has been raised in the field of jurisprudence and law, and in terms of discovery, it has brought with it many developments and legal positions from jurisprudence and legal authorities. On the one hand, it is very difficult to ensure economic order in today's world, without taking into account the delay penalty, and on the other hand, the suspicion that the said legal institution is against Sharia and the necessity of matching the legal regulations with the provisions of the Holy Sharia based on the fourth principle of the Islamic Republic Constitution. Iran demands more exploration around the mentioned issue. Manuscript profile

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