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Open Access Article
1 - Analyzing the American laws and regulations regarding privatizing and providing Access for third party to Oil and Gas Pipelines and Facilities in the USA
Atefe Ghasemi Mehdi Piri Alireza HasaniIn the mid of 19th century, the oil and gas industry has been known as one the most profitable industries in the United States of America. Besides the economic importance, the other most important topic that must be considered and analyzed is the transportation of oil a MoreIn the mid of 19th century, the oil and gas industry has been known as one the most profitable industries in the United States of America. Besides the economic importance, the other most important topic that must be considered and analyzed is the transportation of oil and gas products through pipelines and other transportation methods, creating access for third parties, how to keep this market and industry competitive and how to protect the environment against oil and gas pollution. This article has analyzed the most important laws and regulation enacted by the Congress and other outstanding governmental regulatory agencies and foundations regarding privatizing and creating access for third parties to the pipelines and has concluded that the base and philosophy of these regulation is to require the governments of states and system operators of private sectors to provide non-discriminative with reasonable tariffs for the demanders in this industry and market. Manuscript profile -
Open Access Article
2 - Designing a hybrid model for classification of imbalanced data in the field of third party insurance
Mahnaz Manteqipour parisa RahimkhaniThe major part of Iran's insurance industry portfolio is the field of compulsory civil liability insurance of motor vehicle owners against third parties. Therefore, detecting the behavior of this insurance field will be effective in order to provide better services to t MoreThe major part of Iran's insurance industry portfolio is the field of compulsory civil liability insurance of motor vehicle owners against third parties. Therefore, detecting the behavior of this insurance field will be effective in order to provide better services to the customers of the insurance industry. Predicting the claim rates for insurance policies, based on the features saved for each insurance policy, is one of the problems of the insurance industry that can be solved with the help of data mining techniques. Insurance is designed using the law of large numbers. In simpler words, a sufficient number of insurance policies are issued, and a small part of this number of insurance policies deal with claims. From the sum of the issued insurance premiums, the cost of claims will be compensated. Therefore, the insurance industry is faced with imbalanced data. The imbalances of insurance industry data causes many challenges in data classification. In the field of third-party insurance and in the data set of this research, there are 14 features for every policies and the data imbalance ratio is 1 to 0.0092, which is considered severe imbalanced.MethodIn this research, we deal with the classification of severe imbalanced data in the field of third party insurance. To overcome the problem of imbalanced data, two hybrid models with different architectures based on 5 basic Gaussian Bayes models, support vectors, logistic regression, decision tree and nearest neighbor are designed. First proposed hybrid model is using random sampling from whole dataset and applying a resampling method for classification and second one selects samples from each labels separately and apply a classification model on the whole selected data. The results of these models are compared. ResultsThe obtained results show that the proposed hybrid models can predict the occurrence or non-occurrence of traffic accidents better than other data mining algorithms. The popular measures such as precisions and recalls of two proposed hybrid models show that second hybrid model has higher performance. And in ensemble phase, the number of models in simple voting as a hyper parameter can be adjusted based on the company's strategy. Also, the use of decision tree to ensemble basic models to build a combined model provides better results than simple voting of basic models.DiscussionTo do more research on the problem of imbalance data classification more complicated resampling data algorithms could be applied and the results be compared. Manuscript profile -
Open Access Article
3 - Jurisprudential and legal review of the third party obligation to pay the wife's dowry
behnam ghanbarporامروزه مسائل پیرامون مهریه در جامعه، یکی از چالشی‌ترین مباحث حوزه حقوق خانواده به شمار می‌رود و افزایش نرخ آمار زندانیان مهریه از یک سو و محقق نشدن وصول مهریه از سوی زنان به واسطه فقدان توانایی مالی همسر و یا اثبات اعسار و تقسیط آن از سوی دیگر سبب بروز مشکلات فراوانی د Moreامروزه مسائل پیرامون مهریه در جامعه، یکی از چالشی‌ترین مباحث حوزه حقوق خانواده به شمار می‌رود و افزایش نرخ آمار زندانیان مهریه از یک سو و محقق نشدن وصول مهریه از سوی زنان به واسطه فقدان توانایی مالی همسر و یا اثبات اعسار و تقسیط آن از سوی دیگر سبب بروز مشکلات فراوانی در این خصوص در محاکم خانواده شده است، این پژوهش که به روش توصیفی و تحلیلی تهیه و تنظیم شده است، در صدد بوده تا بتواند برای رفع این مشکلات راهکارهایی را ارائه کند، بنابراین راهکار استفاده از ظرفیت شخص ثالث و تعهد ثالث به پرداخت مهریه در این خصوص مطرح گردید. یافته‌ها و نتایج پژوهش نیز نشان داد که با توجه به پشتوانه فقهی موضوع از یک سو و انطباق آن با پشتوانه مبانی‌های حقوقی از جمله ماده 10 قانون مدنی و اصل حاکمیت اراده و آزادی قراردادها، می‌توان این مساله را به عنوان یک راهکار در مساله مهریه پذیرفت ومی‌تواند راهگشای زوجینی باشد که به هر علت، زندگی مشترک آنها با چالش روبرو شده و موضوع مهریه یکی از آن چالش‌ها می‌باشد.؛لذا به کارگیری این راهکارعلاوه برآن که موجبات وصول مهریه زوجه را فراهم خواهد نمود، مقدمات تعدیل مهریه را جامعه رقم خواهد زد؛ زیرا متعهد هرچند پدر زوج باشد ضمانت از مهریه نامتعارف و سنگین نخواهد کرد Manuscript profile -
Open Access Article
4 - The Sanction for Breach of Contractual Obligations in Detriment of Third Parties
Reza Fotohi Rad Seyyed Mohammad Ghaboli Saeed MohseniAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third par MoreAccording to the principle of privity of contract and that the contract does not establish any right or obligation with respect to third parties except in exceptional cases, this question arises that if breach of contractual obligation result in damages to the third parties what action or actions they can to do to prevent the losses or to claim compensation of damages? This study after analysis of different aspects about this issue, has achieved to this consequence that in cases that the sole solution for the prevention of damages to the third parties is binding the promisor to specific performance of contract, using such solution by the third party does not face any barrier. Moreover, in the case of occurrence of damages to the third party, he/she can exploit some rules such as deception and causation to claim the damages from the promisor. Manuscript profile -
Open Access Article
5 - Representation of third party beneficiary exceptions in the contract
Parviz BagheriReciting of the Third Party Beneficiary Exceptions in the Contract The privity of contract principle, ascertains that the effect of the agreement only puts on the parties of that contract. In the other word, the effectiveness of the contract only goes to the part MoreReciting of the Third Party Beneficiary Exceptions in the Contract The privity of contract principle, ascertains that the effect of the agreement only puts on the parties of that contract. In the other word, the effectiveness of the contract only goes to the parties and their legal representatives. However, there exist some exceptions to this principle which the scope will be determined by the contract itself or by the law on the ground of third party beneficiary. Beneficiary is among the conditions of the dispute submitted to the court. This condition and the capacity of the plaintiff are the fundamental conditions in which the Iranian legislator encounters with challenges. Among the new challenges of the third party beneficiary in contract, is the era of intellectual property of patent law pooland licence contract. The question here is that how can be possible to apply the third party beneficiary in such contracts? The fuduli (unauthorized) arrangement of the others’ property and its sale is the other issues that need to be more scrutinized in the matter of beneficiary. Another question is that is beneficiary in third party beneficiary distanced from the privity of contract principle? Such as; the beneficent of the third party in the case of third party obligation, because according to this principle this is a right for the parties and the third person does not have such a right. The present paper tries to open a new horizon to the beneficiary in the contract and discuss the existed challenges and find suitable answers to the mentioned questions Manuscript profile -
Open Access Article
6 - Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction
Reza Zarei Leila RahimiThe main axis of this writing and what causes dispute are that in some cases after the fact of two or more successive transactions towards the object of transaction, the transferor of ownership measures for termination of base transaction. Lawyers and tribunals have not MoreThe main axis of this writing and what causes dispute are that in some cases after the fact of two or more successive transactions towards the object of transaction, the transferor of ownership measures for termination of base transaction. Lawyers and tribunals have not consensus in confronting such a case and concerning the circumstances of possession of first purchaser and consecutive possessors, so they issue contradictory judgments that will harm the rights of the third party beneficiary. Hesitation about set of related articles to this subject in civil code especially article 454 and also scrutiny in scholars and lawyers make it clear that legislature follows opinions of lawyers and scholars that separate legal options and contractual options from each other and makes his possessions not operative but it should be noted about executing legal options by beneficiary of an option that the above - mentioned possession is in lieu of property destruction of contract subject due to validity of possessions by the customer. Therefore, vendor is merely entitled of counterfeit. We tried to consider that various promises and divergence of Islamic jurisprudence and subjected law are classified according to nature of aforesaid possession. They are analyzed by explaining foundations and their side effects and relying on legal provisions and rules and they are also explained correctly. So, the influence of the present analyze on application step (judicial precedent) is undeniable. Manuscript profile -
Open Access Article
7 - Transactions with the right of informal restitution with a jurisprudential attitude
Ali Talebi Najatullah Abrahamian mansor aminiSince in the judicial procedure of Iran, the current government considers ordinary documents as valid, many people conclude a transaction with the right of extradition through an ordinary document in order to escape from the restrictions stipulated in Article 34 of the MoreSince in the judicial procedure of Iran, the current government considers ordinary documents as valid, many people conclude a transaction with the right of extradition through an ordinary document in order to escape from the restrictions stipulated in Article 34 of the Registration Law. Some judges, referring to the provisions of the Civil Law regarding conditional sale, consider the transaction with the right of restitution to be valid, and some others subject this transaction to the provisions of Article 34 of the Registration Law. In terms of balance of exchange, this article identifies two different types of transaction with normal restitution rights: transactions that are subject to a valid exchange contract in terms of the principles of exchange contracts and contracts that do not have the characteristics of an exchange contract. Judges should recognize the transaction with the right of restitution in the event that it falls under the characteristics of the sale of a real condition, and refrain from recognizing the transaction with the right of virtual and unreal restitution, and include these transactions in the mortgage contract to protect the creditor or the buyer Manuscript profile -
Open Access Article
8 - The Role of Non-Governmental Organizations in Development
Seyed mehdi AlvaniIn the present circumstances and from the economic, political, and cultural perspectives, governments' objectives cannot be attained without the participation and cooperation of all the people. The shaping of non-governmental organizations or “third parties” MoreIn the present circumstances and from the economic, political, and cultural perspectives, governments' objectives cannot be attained without the participation and cooperation of all the people. The shaping of non-governmental organizations or “third parties” is rooted in the need for cooperation between the state and society. Without augmenting the government's size, these organizations strive to solicit the help of the people, the government and the private sector in order to pave the way for social growth and development. The present article seeks to introduce the nature, concept, and types of non-governmental organizations, while delineating their role in development. Moreover, the effective management of these organizations is described by the author. Manuscript profile -
Open Access Article
9 - Investigating the compensation of emotional damages to a person as a result of causing physical harm to relatives
babak peyman mehdi zare babak khosraviniaBackground and Aim: In the recent past, it was believed that the legal system, unlike physical damages, could not measure mental suffering or internal anxiety, and therefore such damages could not be compensated. Courts were reluctant to issue compensation in cases that MoreBackground and Aim: In the recent past, it was believed that the legal system, unlike physical damages, could not measure mental suffering or internal anxiety, and therefore such damages could not be compensated. Courts were reluctant to issue compensation in cases that resulted in emotional harm without causing physical harm. In modern times, this belief has changed fundamentally, and psychological damage is the same as real physical damage and can be caused by physical actions. Of course, this does not mean that the law accepts any moral damages and orders compensation.Method: The present study was conducted by descriptive-analytical method.Findings and Results: One of the cases to consider is when a person suffers from psychological injuries, but this injury is not due to physical injuries, but as a result of seeing or hearing the news of injuries to another person suffers psychological damage. The material presented in this article concludes that in fact a person who suffers from abnormal sad reactions due to the loss of a loved one is entitled to compensation from the reader whose carelessness was the direct cause of such complications. Manuscript profile -
Open Access Article
10 - The special and exceptional situation of Tari lawsuits in the appeal stage with a look at French law
abas puryani abolfazl dankob reza zarei samanganA ancillary action one that occurs during the hearing of a lawsuit (the main lawsuit) and is one of the most important lawsuits in the judiciary; Because it has its own unique legal effects. Preliminary lawsuits have an exceptional and special status because according t MoreA ancillary action one that occurs during the hearing of a lawsuit (the main lawsuit) and is one of the most important lawsuits in the judiciary; Because it has its own unique legal effects. Preliminary lawsuits have an exceptional and special status because according to the rule of prohibition of accepting new claims and lawsuits in the appeal stage, prohibition of interference by persons other than the parties, prohibition of litigation that was not considered in the first instance and non-acceptance of new lawsuits by the court Appeals, either by the parties or by a third party, no new claims can be filed at the appeal stage; In Iranian law; In some special situations, the legislator has initially provided for the filing of such lawsuits at this stage, among which situations such as; Violation of the authenticity of the documents expressed by the litigants, the possibility of filing a counter-suit and bringing a third party, a new direction or cause at this stage, new reasons and allegations of forgery at this stage and new claims and defense at this stage and exceptions such as third party and Named a third party in the appeal phase. In French law, the French legislature has made it possible to make a new claim in some cases, such as claims of the other party, issues arising from the entry of a third party or matters that later occurred or were discovered. In this descriptive-analytical study, an attempt has been made to examine the..... Manuscript profile -
Open Access Article
11 - Causes of Economic Network Survivability of Terrorist Organizations in the Middle East in Political Communication Era
Tahereh Ebrahimi far امیر حامد آزادFunding is operating engine of terrorist organizations (national and international Salafist armed organizations) in the Middle East. However, some of these organizations, such as Taliban and ISIS, with the establishment of the so-called state, have loaded the costs of w MoreFunding is operating engine of terrorist organizations (national and international Salafist armed organizations) in the Middle East. However, some of these organizations, such as Taliban and ISIS, with the establishment of the so-called state, have loaded the costs of welfare spending of their dominated areas to costs of their war and survival. Hence, consideration of different patterns indicates that national and International Salafist armed organizations, by benefiting from a vast financial network of NGOs, have achieved self-government. But it seems true that this autonomy is based on the determination of some governments to use these organizations for certain changes in the international system in order to achieve their relative benefits. Based on this pattern, the terrorist organizations in the Middle East, by serving the interests of one or more state actors, continue funding their network and thus have retained their survival. Relying on the doctrine of realism regarding the anarchic international system, the only way to undermine or destroy the national and international organization of Salafist financial network in the Middle East is implementing a strategy for increasing the costs of changes in the international system and prevent certain governments to the benefits that result from this process. Manuscript profile
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