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Open Access Article
1 - Routing improvement to control congestion in software defined networks by using distributed controllers
saied bakhtiyari Ardeshir AzarnejadSoftware defined networks (SDNs) are flexible for use in determining network traffic routing because they separate data plane and control plane. One of the major challenges facing SDNs is choosing the right locations to place and distribute controllers; in such a way th MoreSoftware defined networks (SDNs) are flexible for use in determining network traffic routing because they separate data plane and control plane. One of the major challenges facing SDNs is choosing the right locations to place and distribute controllers; in such a way that the delay between controllers and switches in wide area networks can be reduced. In this regard, most of the proposed methods have focused on reducing latency. But latency is just one factor in network efficiency and overall cost reduction between controllers and related switches. This article examines more factors to reduce the cost between controllers and switches, such as communication link traffic. In this regard, a cluster-based algorithm is provided for network segmentation. Using this algorithm, it can be ensured that each part of the network can reduce the maximum cost (including delays and traffic on links) between the controller and its related switches. In this paper, using Topology Zoo, extensive simulations have been performed under real network topologies. The results of the simulations show that when the probability of congestion in the network increases, the proposed algorithm has been able to control the congestion in the network by identifying the bottleneck links in the communication paths of each node with other nodes. Therefore, considering the two criteria of delay and the degree of busyness of the links, the process of placing and distributing the controllers in the clustering operation has been done with higher accuracy. By doing so, the maximum end-to-end cost between each controller and its related switches, in the topologies Chinanet of China, Uunet of the United States, DFN of Germany, and Rediris of Spain, is decreased 41.2694%, 29.2853%, 21.3805% and 46.2829% respectively. Manuscript profile -
Open Access Article
2 - The Theory of Resistance in New Constitutional Thought
mohammadreza tajik aref masoudiThe concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle remini MoreThe concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle reminisces political power limits to rulers, and makes citizens manned with utilities to influence their decisions. The origin of this theory can be traced to the ideas of the most important political philosophers like Thomas Hobbes and John Locke. Hobbes in his theory, de facto, realizes the existence of "focus and some points of resistance" to be sublimating the spirit, but Locke considers the power of the government to be conditioned by the obedience and the practice of rules; in case of disobedience may legitimize the rights of people to revolt and dissolve. Therefore, resistance used to be the natural, ethical, and fundamental right of citizens that can only be resorted in case of breeching or dissolving of the basic principles, or the acquiescing of the majority. This study accounts for the processes of organizing the theory of resistance, based on the "right of resistance" of every member of the society, and considers the thought of constitutional quest as its first theoretical carrier. Manuscript profile -
Open Access Article
3 - Third Party Objectionable Judgments
Ebadollah Rostami Chalkasari Mahmud KohaniPrincipally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for pr MorePrincipally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them. Manuscript profile -
Open Access Article
4 - Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Fatemeh Jameei Nader Khavandgar Hirad MokhayeriThe significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on h MoreThe significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on his/her behalf. Representation is divided into kinds based on the validity of the basis and its cause, and one of the most important of which is contractual representation. Since the existence of two wills is necessary in concluding any contract, the contractual representative declares his/her will on behalf of the original party and in some cases may participate in the contract on his/her own behalf and in his/her own right and deal with him/herself. Therefore, in the present study, in order to clarify the various dimensions of such a deal, in response to the question of what is the nature and legal status of such a deal in the Iranian legal system if a deal is made by contractual representatives including lawyers, directors of commercial companies, dealers and brokers, it should be said that such a deal was accepted as a contract and in the case of a lawyer, it shall be valid and effective by observing the client’s interests, in the case of managers of commercial companies and dealers, it shall be valid and effective by observing formalities, but the broker's dealing with himself/herself is not valid and he/she can only have a share in the deals of the parties. All of which were examined in detail in this article. Manuscript profile -
Open Access Article
5 - Legal Status of Contracts Contradicting Conditional Agreements
Mohammad Mohammad Baramai Abbas AsgariAbstract: Although in conditional contracts the effects of contract appear after realization of the conditionality of the contract, that does not mean the conditional contract lacks its effects before realization of the conditionality. Therefore, in alienative contracts MoreAbstract: Although in conditional contracts the effects of contract appear after realization of the conditionality of the contract, that does not mean the conditional contract lacks its effects before realization of the conditionality. Therefore, in alienative contracts, the effect of conditional contract before meeting its conditions shall be attributed to the buyer as a sort of conditional ownership. Perhaps it is because of such right for the promisee in the conditional contract (before meeting the conditions) that any contract contradicting with it may be pronounced non-effective or void. However, a review of the statements of evidence of each one of the three reasons for nullity, ineffectuality and authenticity of such contracts it can be claimed that any contract contradicting conditional contract is sound and valid. This, however, does not mean ignoring the promisee’s rights in conditional contract; rather, by virtue of the conditional contract, the object of transaction along with the buyer’s legitimate right in conditional contract will be transferred to the promisee as is. Of course, for final decision on the conditional contract, the parties should wait for the final status of the conditionality in the contract. In case of failure to meet the conditions, the real right of the buyer in conditional contract over the object of transaction will be null and void and when the conditions are met, one should see when the effects of the conditional contract will be valid. In the meantime, there should be a distinction between formation and validity of the contract vis-à-vis the promisee of the conditional contract. Manuscript profile -
Open Access Article
6 - The Nature and Conditions for Transfer of Professional Soccer Players
Seyed Hamid Reza MousavipourAbstract: The transfer contract of professional soccer player is the most important contract in this sport. According to this contract, the player is committed to play for a certain club within a certain period of time for a specified sum of money. Conclusion and termin MoreAbstract: The transfer contract of professional soccer player is the most important contract in this sport. According to this contract, the player is committed to play for a certain club within a certain period of time for a specified sum of money. Conclusion and termination of this contract are subject to special international and domestic rules and regulations that are quite distinctive from other contracts. Like a person’s hiring contract, this contract is a binding obligation that will be enforceable after signing of the two parties. The contract parties are the professional player and the sports club that must possess capacity to sign a contract. This contract is of binding obligation, thus it shall be only null and void with the consent of the parties or upon a justifiable excuse. Meanwhile, the contract parties should act based on bona fide. In this research work, we will first review the nature of contracts in Iranian law and then proceed with studying conditions for validity of the contract according to the international and domestic rules and regulations. Manuscript profile -
Open Access Article
7 - Justice Based on Emerged Conventions: A Critical Analysis of Skyrms’ Idea of Social Contract
Last two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hu MoreLast two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hunt and evolution of social structure (2004)، are attempting to lay such explanations of justice by evolutionary game theory. The purpose of this paper is to present and evaluate the analytical framework and foundations of Skyrms’ idea. Accordingly، the paper، based on theoretical and analytical method، finds basic building blocks of Skyrms’ account of the social contract and then examines those foundations. Research findings show that skyrms seeks to naturalization of concepts such as justice; Project that meet with shortcomings such positive conception of values and inner inconsistency. Manuscript profile -
Open Access Article
8 - renegotiaton in upstream contracts of the oil industry from the perspective of law a
Rahele Seyed Morteza Hosseini Bahram Taghipour Mehdi Abbasi Sarmadi Fatemeh AmiriBecause of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes wi MoreBecause of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes will overcome, in such a way that it is difficult for one party to fulfill the obligation, while the other party may benefit from these conditions. In such a case, re-negotiation is one of the solutions that can help resolve this problem. What many of these contracts today are of interest to the parties. Using this method, the parties can review the contract and allow it to continue to be implemented, the parties are required to observe ethics and goodwill to pave the way for an agreement to resolve the problem and exit the stalemate. . Re-negotiation may be entered in the conditional condition at the time of the conclusion of the contract or after agreement of the terms of the parties. This condition will stabilize the contract, and this will encourage foreign companies to invest in oil projects, which will result in economic development of the host country. In fact, this is a condition of a dispute resolution mechanism that prevents the liquidation of the contract in the event of a change of circumstances. However, observance of ethics and good faith requires the contracting party to seriously negotiate and make rational and enforceable proposals. Manuscript profile -
Open Access Article
9 - Examining the appropriate pattern of moral hazard in the non-financial terms of oil and gas contracts
Davood Baghaee Babak Vosoughifard Homayoun HabibiToday, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil productio MoreToday, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil production in the Third World countries, with the participation of mainly capitalists from industrialized countries. For this reason, the legal nature of these relationships has been the subject of many discussions. On the one hand, the general and economic aspects and its moral hazard for the host country and the private aspects of capitalism have added to the difficulty of the discussion. The financial and non-financial conditions of such contracts have changed dramatically in different periods of history, creating many patterns. The political and economic changes in the world, in turn, have brought about changes and changes in the context of these relations and its moral hazard. A survey of the first form of these oil relations, signed under the title "Concession Concession" of capital investors with oil-rich governments, has revealed that today's conventional contracts can outline the different aspects of morality in these contracts. In this paper, the study of the appropriate model of moral hazard in the non-financial conditions of oil and gas contracts in Iran is carried out in a descriptive-analytical manner.. Manuscript profile -
Open Access Article
10 - Legal and ethical solutions to deal with corruption in concluding international trade agreements
Bahram Taghipour Mehdi Abbasi Sarmadi Azam Mahdavi Pur Mohammad Taghi EbrahimiThe purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is th MoreThe purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is the corruption that exists in the conclusion of international business contracts in the legality of the conclusion of the contract? What are the most important examples of corruption in international trade? What is the most important anti-corruption solution in international business contracts and in general, international trade? The results of the research show that the involvement of illegally brokers and brokers in international commercial contracts leads to the invalidation and ineffectiveness of these contracts due to their influence and the existence of bribes. Bribery, leakage, transaction collusion, fraud and fraud, commercial exploitation, illicit proceeds, money laundering, theft and seizure of property and committing other financial distortions by public officials and abuse of duty are the most important examples of corruption in the field of international trade. The accurate implementation of international instruments and domestic anti-corruption laws and the development of preventive criminal and non-judicial education is the most important way of tackling corruption in international trade. Manuscript profile -
Open Access Article
11 - Explanation and application of the principle of non-discrimination in B-group contracts
Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of thes MorePublic-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of these contracts and has led to the formulation of rules and regulations governing their implementation and enforcement by governments. In fact, the current framework for the classification of contracts in the form of a eBay contract. She. T is engineered and engineered according to their needs and the legal principles are not respected. Therefore, the current classification has several major disadvantages, including disregard for the nature of contracts, disregard for the principles of contracts, and disregard for the principles of division in law. Careful examination of these contracts shows that some of these contracts are so different from the BWT contract that they cannot be classified as a BWT contract and the proper division of these contracts into a B group. And the subgroup of Group B contracts. She and Dee. Bi. Is Manuscript profile -
Open Access Article
12 - Ethical Analysis of a Comparative Study of the Rulings of Traditional and Electronic Contracts in Iran and Antitrust
mahmoud erfanicommerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has onl Morecommerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has only changed the pillars of this contract. United Nation’s Commission on International Trade Law (UNCITRAL) has provided three important documents on e-commerce as follows: “ANCITRAL Sample Law on E-commerce”; “ANCITRAL Sample Law on E-signature”; “The United Nations Convention on the Use of Electronic Communications in International Contracts”. ANCITRAL sample law on e-commerce, major changes in communications, and in particular, in electronic and computer-based communications on trading, led ANCIRTAL to put the issue of electronic commerce on an agenda from the early 1980s. E-commerce consists of series of legal issues which finding an answer to them, in legal systems, is an irrefutable necessity. One of these issues is the termination of electronic contracts. Since the traditional contracts, in our country, are in their early stages, it is desirable to take advantage of the patterns that international institutions have put forward in this regard. Offering functional suggestions in relation to the topic can be considered as the goals specified in this study Manuscript profile -
Open Access Article
13 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharniaIn spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contra MoreIn spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contract is undeniable. In principle the freedom of contracts, In the event of unforeseen events and a radical change in the circumstances of the conclusion of the contract, the possibility of termination or revision has been provided to the party experiencing unforeseen difficulties or losses as a modification of the contract. Given that the principle of contract freedom is rooted in ethical principles, Thus, clarifying the ethical principles of contract law will be effective both in negotiating and concluding and enforcing it, and in limiting the principle of free will and sovereignty. The study of institutions such as possession of property, prohibition of abuse of power, prohibition of harm to others, indecency, and other institutions clearly show that their main and major basis are ethical principles and principles. Therefore, in the present study, after expanding the conceptual space of the research topic, we will examine the modification of the contract and its governing principles. The research method is descriptive-analytical and data collection is in libraries. According to the research findings, modification of the contract is a concept that is accepted in both national law and Islamic jurisprudence, Because the principle of contractual freedom permits the parties to the contract to impose any correct condition in the contract, it is possible to modify the contract in Imamieh jurisprudence by resorting to the three jurisprudential principles of " the juristic rule of “negation of harm and difficulty ", " prohibition of detriment " and " the juristic rule of “what is possible " but in Iranian law Modifications to the contract can be accepted on the basis of " occurredlesion theory " and "theory of change of circumstances". Manuscript profile -
Open Access Article
14 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
Masoumeh Ghadirian Mozafar Bashokouh Alireza Lotfi DudranThe upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna MoreThe upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile -
Open Access Article
15 - Investigation of Environmental Ethics and Legal in Oil Contracts
مسعود طاهری Masoud alborzivarki Abdollah KiaiThe deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes th MoreThe deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes the environment Life has led environmentalists to the theoretical foundations of human interaction with nature, including ethics. The consideration and observance of the principles of environmental ethics that are in line with the ideals of divine ethics and at the same time include economic development and prosperity are more serious than ever in explaining the theory of appropriate environmental ethics, It is one of the necessities of protection and exploitation of the environment. The environment is anything around us that affects us and we can influence them. From Islam's point of view, the most important are: justice in the environment, environmental development, environmental protection and prevention of environmental degradation and pollution, destructive effects of development plans, optimal consumption , Environmental health, the creation of a recycling system, and so on. Given the status of the oil industry in today's world, it should not be left out of control and ignored by human and environmental damage, but should seek solutions. To reduce these damages. Today, refineries emit millions of pollutants into the air, posing a serious threat to human health and the environment. In this article, while considering the ethical and legal principles of the environment, the environmental considerations in oil contracts and the position of Iranian laws and regulations are examined. Manuscript profile -
Open Access Article
16 - Consistensy between Contractualism and Rule-Utilitarianism on Parfit and its valuation
Seyed Taghi Agha Miri Seyed Ahmad Fazeli Mohsen JavadiUtilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism MoreUtilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism treats the two differently. Parfit utilitarianism is not only different from other forms of utilitarianism, but also distinct from normative utilitarianism, rooted in the principles of general principles based on his rationality, objectivism, and anthropology. He has the same view of contractualism. Parfit says:A)Agreed general moral principles ,B)followed the rational principles that people agree on. Principles must be chosen that can be rationally formulated so that no one can easily dismiss it.This kind of contractualism wants to show, firstly, the existence of moral knowledge and, secondly, the objectivity of moral values and propositions by relying on rationality.Parfit tries to build utilitarianism and contractualism on the maximum of rationality. Manuscript profile -
Open Access Article
17 - The role of religious beliefs and doctrines In compliance with the contractual obligation
shahnaz seifollahi mahmud ghayumzadeh Hossein HabibiTabarResponsibility literally means to be obligated or committed to do something. Duty refers to something that is legally or customarily incumbent on someone. Homework also means burdening someone with hard work and suffering. Commitment means taking on a job as well as mak MoreResponsibility literally means to be obligated or committed to do something. Duty refers to something that is legally or customarily incumbent on someone. Homework also means burdening someone with hard work and suffering. Commitment means taking on a job as well as making a covenant. Right also means share and share. Each of these words is somehow related to each other. For example, unless someone has a duty, he will not be responsible for doing it or not, and he will not be held accountable. The word homework is also associated with responsibility and duty; Because in all three cases, something is the responsibility of the person that its implementation is necessary and obligatory. Naturally, a person's divine human personality and his or her faith beliefs will play a key role in commitment and fulfillment of extraterritorial duties. In the present article, using a descriptive-analytical method and based on qualitative content analysis, the role of the individual's spiritual and doctrinal personality in the commitment to fulfill duties and contracts has been explained and ambiguities have been answered in this regard. Manuscript profile -
Open Access Article
18 - Contract Research Model Nonoccurrence with the Research and Technology Organizations Mission in Technology Development
Reza BandarianDue to the Research and Technology Organizations (RTOs) lack of relation with industry and their tendency to do activities more closer to the universities, which had led to their inefficiency in carrying out their primary mission, since thirty years ago, governments in MoreDue to the Research and Technology Organizations (RTOs) lack of relation with industry and their tendency to do activities more closer to the universities, which had led to their inefficiency in carrying out their primary mission, since thirty years ago, governments in many countries by cuts the RTOs governmental budget have directed them to financing through industry research budgets, and in some cases, through cut the state budgets, the RTOs were forced to acquiring income (in order to self-sufficiency). Accordingly, another type of research organizations as Contract Research Organizations (CRO) was formed. In this paper, in order to answer the question of whether a contract research model is consistent with the RTOs mission in technology development or not. First, the issue had reviewed historically and then the process of contract research and independent research and their characteristics were investigated and based on that the conclusions and recommendations are offered. The results shows that carrying out the technology development research by the RTOs in the form of a contract research between the industry firms and the RTOs, due to conflict with the requirements of technology development and working conditions of the RTOs is not a good choice and independent research approach is recommended as the most suitable method. Manuscript profile -
Open Access Article
19 - Confidentiality agreement: a reliable way to prevent disclosure of IPRs owners' confidential information
Mostafa Bakhtiarvand Akram AghamohammadiIPRs owners, especially inventors, from the creation of idea up to its commercialization are often faced with disclosure of confidential information delivered to third parties during license agreement negotiations. In fact, the main purpose of confidentiality agreements MoreIPRs owners, especially inventors, from the creation of idea up to its commercialization are often faced with disclosure of confidential information delivered to third parties during license agreement negotiations. In fact, the main purpose of confidentiality agreements is to protect different types of IPRs including know-how, trade secrets, etc. with a view to prepare the background for proper and effective supervision and management of their exploitation. The use of non-disclosure agreements in high-tech sector, specifically for computer and internet companies is a common in license agreement negotiations. On the other hand, researchers and inventors in knowledge-based companies may be faced with challenges like disclosure of confidential information in the process of acquiring IPRs protection. The important point is the ignorance of many idea owners and inventors as to how such agreements are concluded. When delivering confidential information, non-disclosure agreement covers merely this information and is concluded for its protection before license agreement is concluded or during license agreement negotiations. Signing and entering into such agreements, without knowledge of laws and their characteristics, may cause dangerous and heavy obligations for parties. In this paper, with an analytic-descriptive approach, we define non-disclosure agreement, its necessity, function, types and common terms and conditions. The results of this paper indicate the necessity of delivering accurate and efficient information to IPRs owners regarding entering into confidentiality agreements and the need to modify the current legal structure in order to protect their rights. Manuscript profile -
Open Access Article
20 - Evaluating the Effectiveness of the Contractual and Relational Role of the Government in Achieving Strategic Innovation through Outsourcing Information Technology
hossein shabani Reza EhteshamrasiIn this paper the effectiveness of the contractual and relational role of governmental in achieving strategic innovation through outsourcing of information technology (IT) has been studied. The main purpose of this research is to examine the quality of customer-supplier MoreIn this paper the effectiveness of the contractual and relational role of governmental in achieving strategic innovation through outsourcing of information technology (IT) has been studied. The main purpose of this research is to examine the quality of customer-supplier relationships and the probability of achieving strategic innovation. The research method is descriptive (non-experimental) and correlation research is a type of path analysis. The statistical population of this research is all employees of Qazvin Azad University. According to the size of the statistical population, Morgan table has been used to determine the sample size. 317 employees in Qazvin were selected as research sample. Data gathering was done through library and field surveys by standard questionnaire. The validity of the questionnaire has been used through content validity method. Cronbach's alpha coefficient was calculated for a scale of more than 0.7. The reliability of this desirable scale was evaluated by content reliabality. The results show that both hypotheses have been accepted, indicating that there is a significant relationship between the quality of customer-supplier relationship and strategic innovation with regard to the mediating role of the contractor and the relationship between the governments. Manuscript profile -
Open Access Article
21 - Investigating the role of social undermining in the Workplace Bullying and Violation of psychological contracts
akbar bahmaniOne of the effective factors on the occurrence of phenomena such as deviant behaviors, pessimism and job dissatisfaction in the organization is the perception of employees about the non-fulfillment of promises given by the organization, which occurs in violation of psy MoreOne of the effective factors on the occurrence of phenomena such as deviant behaviors, pessimism and job dissatisfaction in the organization is the perception of employees about the non-fulfillment of promises given by the organization, which occurs in violation of psychological contracts. Supervisors are in the workplace. Therefore, the purpose of this study is to analyze the effect of Workplace Bullying on the violation of psychological contracts with the mediating role of social undermining. It is a survey. The statistical population of the present study is the corporate employees of a government organization of 400 people. Due to the limited number of statistical population, 196 people were selected as a sample using a simple random sampling table using a simple random method. Field methods have been used to collect initial data and information to confirm or refute the research hypotheses. Among the various methods used to determine the validity of the measurement, face validity and content validity were used for this study. Cronbach's alpha coefficient and combined reliability were used to assess the reliability. In this study, the data collected by the questionnaire were analyzed using SPSS and lisrel software for statistical analysis. The results show that Workplace Bullying is 0.41 on social undermining; 0.71 has a significant effect on psychological contract violation and finally social undermining with a path coefficient of 0.69 on psychological contract violation at 95% confidence level. psychological contract with a path coefficient of 0.36 on social wear at the 95% confidence level. Manuscript profile -
Open Access Article
22 - عدالت اجتماعی، حبس، نیمه¬آزادی، مجازات، سیاست کیفری، عدالت قراردادی
nafise jalali iraj goldozian hosein gholami doon -
Open Access Article
23 - An Efficient Approach for Resource Allocation in Fog Computing Considering Request Congestion Conditions
Samira Ansari Moghaddam سميرا نوفرستي مهري رجاييCloud data centers often fail to cope with the millions of delay-sensitive storage and computational requests due to their long distance from end users. A delay-sensitive request requires a response before its predefined deadline expires, even when the network has a hig MoreCloud data centers often fail to cope with the millions of delay-sensitive storage and computational requests due to their long distance from end users. A delay-sensitive request requires a response before its predefined deadline expires, even when the network has a high load of requests. Fog computing architecture, which provides computation, storage and communication services at the edge of the network, has been proposed to solve these problems. One of the fog computing challenges is how to allocate cloud and fog nodes resources to user requests in congestion conditions to achieve a higher acceptance rate of user requests and minimize their response time. Fog nodes have limited storage and computational power, and hence their performance is significantly reduced due to high load of user requests. This paper proposes an efficient resource allocation method in fog computing that decides where (fog or cloud) to process the requests considering the available resources of fog nodes and congestion conditions. According to the experimental results, the performance of the proposed method is better compared with existing methods in terms of average response time and percentage of failed requests. Manuscript profile -
Open Access Article
24 - The principle of freedom of contract in dealing with its limitations
elham ahmadi bani -
Open Access Article
25 - Socio-cultural impact assessment of establishing Marvdasht sports complex (Tehran municipal region7)
Khalil Mirzaei Marjan Pakdaman Farzad Abbasi neda AzimiThe present study seeks to respond to Qasr-Heshmatieh neighborhood residents’ needs regarding sports facilities. Some of the most important goals of this project include impacts such as direct and indirect empowering and informing the residents on health issues, providi MoreThe present study seeks to respond to Qasr-Heshmatieh neighborhood residents’ needs regarding sports facilities. Some of the most important goals of this project include impacts such as direct and indirect empowering and informing the residents on health issues, providing access to sports facilities, establishing public spaces and increasing social interactions in those spaces, increasing perceived safety and health for the residents of Qasr-Heshmatieh neighborhood due to the existence of a safe place for doing sports, improving residents’ physical health due to easier accessibility to sports facilities and equipment compared to the past, increasing the visits from other parts of the region to use the facilities and building new interaction, etc. The present study is descriptive in terms of process and applied in terms of the research objective. Documentary and field study were also used for data collection. However, it must be mentioned that the present study can also be categorized among assessment studies. The establishment of Marvdasht sports complex in Tehran municipal region 7 has both positive and negative impacts. The positive impacts include increasing social relations, social capital, safety for women, health, participation in sports activities, reducing addiction rate, change in the lifestyle, employment, creation of new jobs, revenue gain for the municipality, and reducing noise from teenagers and the youth, while negative impacts include environmental pollution, increased traffic, parking space shortage, and congestion and crowdedness in the neighborhood. Manuscript profile -
Open Access Article
26 - Obstacles to the principle of the rule of will and the place of good morals in banking contracts
Ali Dizaji Behshid Arfania ali reza mazloom rahniThe principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted i MoreThe principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted in the lack of will and sovereignty of the will, but are rooted in materials that are themselves relative and variable, so these obstacles can not be considered as obstacles to the rule of will, but these obstacles in the implementation and effectiveness stage. Are effective in position. Of course, this does not mean giving too much credit and expansion, because the need for supervision in the legal world is undeniable, but supervision does not mean restraint. As a result, the conditions stated in the banking contracts should not contradict the bank rules and regulations. In any case, observance of the bank rules is necessary and necessary, and if a special condition or rule is included in the contract contrary to the banking rules, the customer can The court will request its annulment. The aim of this study was to investigate the barriers to the flow of the principle of the rule of will in banking contracts in a descriptive-analytical method. Manuscript profile -
Open Access Article
27 - Iran's criminal policy in criminal security agreements in the Criminal Procedure Code of 1392
roya ghasemiJudicial authorities of the prosecutor's office play an important role in the formation and formation of criminal cases, and failure to comply with the requirements of a fair trial at various stages of the criminal process, especially the preliminary investigation stage MoreJudicial authorities of the prosecutor's office play an important role in the formation and formation of criminal cases, and failure to comply with the requirements of a fair trial at various stages of the criminal process, especially the preliminary investigation stage, can lead the trial to an unfair decision. Accordingly, the old position of the prosecutor's office has changed from two hundred years ago to the present day, and a great change has taken place in the new criminal policy in this regard. Thinkers' views on criminal policy are consistent, and without a rational criminal policy, there can be no answer. Iran's criminal policy is often repressive and coercive against criminals, and Iran's legislative policy is dichotomous, and sometimes legislative and judicial criminal policy are in conflict. The necessity of criminologies cannot be denied, but the anticipation of temporary punishments such as long-term detention and even non-departure from the judiciary, etc., is partly due to ignoring the teachings of criminology and criminal sociology. Judges are often hesitant to apply such punishments to avoid the consequences of criminal misconduct. Crime prevention is the most effective part of criminal policy, but prevention is not considered very important in Iranian law, and coercive politics is currently facing a serious challenge. Manuscript profile -
Open Access Article
28 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi MasoulehOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio MoreOne of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript profile -
Open Access Article
29 - The effect of self- awareness on the creation of life quality in the architecture of religious places (case study: DezfulJam’e Mosque)
Ahmad Sarrafzadeh Minou Ghareh Baglou Mohammad Ali KayNejadHuman has always been in interaction, one of its aspects is the communication with himself. In this relationship, on one hand, human is placed as a self- aware being and on the other hand, as the real self. In such a way that common sense is affected by his existential MoreHuman has always been in interaction, one of its aspects is the communication with himself. In this relationship, on one hand, human is placed as a self- aware being and on the other hand, as the real self. In such a way that common sense is affected by his existential nature and affects the quality of life. The goal of the research can be considered to evaluate the biological aspects affecting the internal relationships of self- knowledge between human and the architectural body. Biological quality is created at different levels and shapes the environment in interaction with humans. The method of this research is a combination of qualitative and quantitative factors. So that, in the qualitative review, the topic is addressed using descriptions, observations and library studies, and in its quantitative aspect, it benefits from numerical data and analysis using the scientific method of Codas. The findings of the research show the formation of an internal relationship that has affected the quality of life and architectural environment. so that in each of the senses affecting self- awareness, Different quality levels are created. In this regard, it can be concluded that the purposeful design of architecture in order to shape the quality of life is influenced by the common senses of faith and time with the greatest impact, the sense of unity, presence and place with an average impact, and the sense of safety and awareness with the least impact. So that it is formed in a direct relationship between independent components (spatial physical perception, collective behavior, psychological) and connected components (common senses) and is a platform for achieving a desirable life. Therefore, this issue can be considered as a result of the internal relationship between three aspects of self- awareness, common senses and architecture, which is formed according to the relationship between independent and dependent components in architecture. Manuscript profile -
Open Access Article
30 - Investigating the moral and social approach of the semi-liberty system according to the law on reducing the punishment of imprisonment
nafise jalali iraj goldozian sayyed reza MosaviOne of the tools of criminal policy is the institutions that pave the way for the return of criminals to society. Prison punishment, although inherently an opportunity that creates the necessary readiness to return and the prisoner on the verge of re-entering the commun MoreOne of the tools of criminal policy is the institutions that pave the way for the return of criminals to society. Prison punishment, although inherently an opportunity that creates the necessary readiness to return and the prisoner on the verge of re-entering the community from the ability to readjust. It should be noted, but it should not be forgotten that the prison environment is an environment with all the possibilities of rehabilitation. Basically, it enables and confronts the offender, especially in long-term convictions, when he leaves prison. This led the legislature to approve for the first time in the Islamic Penal Code adopted in 1392 a system called the semi-liberty system in Articles 56 and 57. This legal establishment is in the interest of some defendants who grant this establishment to Defendants is subject to several conditions. In the present article, while examining the semi-liberty system in the law approved in 92 and examining the legal and religious principles and stages of its implementation, this system was examined in reducing the punishment of imprisonment 1399 and it was found that this system in which the convict consents to the amount of punishment It is a condition that not only tolerance is for the accused, but also for the society and the government, because with the release of the accused from prison, the society will have more labor for prosperity and production, and on the other hand, the government will reduce the cost of prisons. It is a clear example of criminal justice being contracted in Iran. Manuscript profile -
Open Access Article
31 - A Jurisprudential Approach To The Nature Of The Medical Contract
Keyvan Rezayi Seyyed Mohammad Asadi nejadThe medical contract expresses the mutual cooperation of the patient's will with the doctor or treatment group. And due to the integration of the two fields of law and medicine, it is of special importance. Of course, this agreement is not the only reason for creating a MoreThe medical contract expresses the mutual cooperation of the patient's will with the doctor or treatment group. And due to the integration of the two fields of law and medicine, it is of special importance. Of course, this agreement is not the only reason for creating a legal relationship. In medical emergencies, due to the lack of a healthy will on the part of the patient, it may not be possible to realize an effective agreement. In this case, the permission of the law replaces the permission of the patient, and exceptionally, the law creates this relationship. It is very likely that there will be a difference between the doctor and the patient, Therefore, knowing the "legal nature" of the contract and using the general and specific rules of the chosen contract, Not only does it have intrinsic value in theoretical discussions, but it also makes it scientifically come from the stage of theorizing into the field of practice. And finally, this method is a way to solve the disputes of the parties. In the review and analysis of a contract, it is particularly important to know the "legal nature" in comparison with the secondary rights and obligations arising from that contract. In the analysis of this contract, there are two theories of "definite contract" and "indefinite contract". It seems that in this contract, by which the doctor finds the very dangerous position of the authority to seize the body and life of the patient, The obligations of the doctor and the patient towards each other are an "indirect and secondary" effect and precede the existence of another legal entity called "proxy". And knowing this concept due to the necessity, including: compliance with jurisprudential and legal principles and principles, preserving the patient's dignity, as well as compliance with the ethical principles of medicine, is the beauty of this contract. Manuscript profile -
Open Access Article
32 - An online scoring system using distributed ledger technology based on smart contracts
سیده الهام موسوی خوThe online rating system on most websites provides users with a rating for products and services. The lack of trust in the correctness and non-manipulation of data has caused users' satisfaction to not be provided as it should be. Considering that the existing online sc MoreThe online rating system on most websites provides users with a rating for products and services. The lack of trust in the correctness and non-manipulation of data has caused users' satisfaction to not be provided as it should be. Considering that the existing online scoring system deals with a central server, all score data is stored in a central server; Therefore, all score data can be deleted, changed and manipulated by the system administrator to change the score results in favor of the service or product provider. In this research, the online scoring system using distributed ledger technologies has been introduced as a proposed system to solve all the weaknesses in the current systems. Distributed ledger technologies are a type of technology that works in a decentralized manner and there is no focus from any entity on this technology. There are different types of distributed ledger technologies. Among distributed ledger technologies, block chain technology is chosen for the proposed scoring system due to its smart contract support. In the proposed online scoring system, the performance criteria of a node are unknown and therefore cannot be used directly to optimize the segmentation results. To solve the performance problem caused by the difference of nodes in the blockchain without knowing the different characteristics of the nodes, we propose a new segmentation method called NoRS. This proposed method consists of four phases: NoRS schematic, scoring mechanism, segmentation strategy, transaction confirmation, creation and release of new block. Therefore, by reviewing the transaction process reports, we evaluate the nodes and assign them to different committees based on the score corresponding to each node; With this process, the ratio of different nodes within the committee is balanced to improve the blockchain transaction efficiency. The advantages of the proposed scoring system compared to the existing systems are that the proposed system works in a decentralized manner and the information cannot be manipulated. Also, the privacy of the scorers is preserved and the transparency of the data is guaranteed. Manuscript profile -
Open Access Article
33 - A comparative study of the concept of home among children of two cities (Shiraz and Noujin)
Fahimeh Abbasi Tahereh Nasr Keivan Mohamadpur<p>Abstract The concept of “home” transcends its physical existence, manifesting as an intellectual image. In essence, a house is a place to live and reach peace and comfort. The term “house” encompasses two distinct aspects of meaning and concep More<p>Abstract The concept of “home” transcends its physical existence, manifesting as an intellectual image. In essence, a house is a place to live and reach peace and comfort. The term “house” encompasses two distinct aspects of meaning and concept, which are different from each other. The aspect of the house meaning is an objective reality of a place where a person resides, but the concept of the house is a mental perception. Understanding the concept of home necessitates a thorough analysis of each individual's mindset regarding their living space. The purpose of this research is a comparative assessment of the home concept among 9-10-year-old children residing in Shiraz and Nojin cities. The research methodology involves content analysis utilizing argumentative analogies along with information gathering through library and documentary studies, Persian and Latin articles, and field research. By analyzing and examining thirty samples of children's drawings from these cities, it is possible to identify the similarities and differences in their mental images of the home concept. Result of this examination and analysis is anticipated several conceptual codes can be obtained. From the summation of these conceptual codes, the home concept among the children of these cities can be found, encompassing themes such as peace, comfort, comfort, security, and prosperity.</p> Manuscript profile -
Open Access Article
34 - The Role Of Good Faith Principle In Iranian Law And International Commercial Contracts (During Negotiation, Conclusion, Performance And Interpretation Of Contracts)
Nazila TaghaviGood faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we ca MoreGood faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we can infer a general rule for observing good faith in laws and make the parties to the contract obliged to observe it in all stages of the contract, including negotiation, conclusion, performance and interpretation. In fact, legal examples such as options, provisions regarding coercion and necessity, non-reliability of defects, deals of bankrupt merchants after acceptance, etc. can be considered as evidence of accepting this principle in Iranian law. On the other hand, according to Article 1-7 of the Principles of International Commercial Contracts, the parties must act in accordance with good faith and fair dealing. Therefore, the principle of good faith must be observed in all stages of the contract. The function of this rule can be seen in various provisions of these principles. Manuscript profile -
Open Access Article
35 - Legal Effects of Gamete Transfer Contracts (Egg and Sperm)
seyyedeh maryam asadinejadNowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and withou MoreNowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and without addressing its fundamental principles, it becomes difficult to establish legal rights for them. Therefore, in the jurisprudential examination, we first address the issue of permissibility or prohibition of using these artificial insemination methods, and then examine the legal status of these methods that determine the lineage of these children, and finally discuss the legal rights and obligations of the parties involved in the artificial insemination contract, as determining the child's lineage will clarify other issues such as custody and guardianship. New fertility or artificial insemination is a therapeutic approach that was developed in the late twentieth century to treat infertility in couples. This therapeutic method began in 1765 and eventually led to the treatment of infertility in humans, and among the methods used in this regard is the use of a surrogate or second husband's womb to place the fetus for growth until the moment of birth. Manuscript profile -
Open Access Article
36 - Draft of the 25-year Comprehensive Cooperation Plan between Iran, China and its Benefits and Shares with the Principle of Denying Sabotage.
Hadi Abangah azgomi Milad Ramezanin Erfan Yousefi qale roudkhaniThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famou MoreThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famous prophetic hadith "Islam prevails and is not prevailed upon," and the consensus of scholars. One of the practical applications of this principle is that regulating relations between Muslims and non-Muslim nations should always prioritize the legal rights of Muslims over non-Muslims. The Islamic Republic of Iran, which has established its government based on Islamic jurisprudence, has been striving in recent years to prove its religious, political, and economic independence and not sign any agreements contrary to Islamic law, jurisprudence, and the country's interests. However, some scholars and politicians challenge this principle of jurisprudence regarding the signing of the 25-year cooperation agreement between Iran and China. Some believe that implementing this agreement goes against Islamic jurisprudence and the country's interests, while others believe that it does not violate the principle of "negation of the path" and is in the country's best interests. Therefore, this article aims to describe and compare the advantages and disadvantages of this agreement with Islamic jurisprudence, the principle of "negation of the path," and the country's interests using a descriptive method. Manuscript profile
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