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      • Open Access Article

        1 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
        Maryam  Tafazoli Mehrjardi Behshid Arfania
        Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their righ More
        Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child. Manuscript profile
      • Open Access Article

        2 - Comparative study of moral damage in Iranian and Egyptian law
        Hasan  Ajdari Nejad Ali  Almasi Iraj  Pour Erfan
        For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter More
        For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it. Manuscript profile
      • Open Access Article

        3 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
        Masoumeh  Ghadirian Mozafar Bashokouh Alireza  Lotfi Dudran
        The 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 More
        The 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

        4 - Moral approach to compensating for the spiritual damage caused by the decline of reason in jurisprudence and Iranian law
        Mohammad  Ferdosi Pour MOhammadReza Kazemi GolVerdi Hossein  Ahmary
        The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurist More
        The development of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of compensation for spiritual damage is the definition of moral damages. Jurists and jurists have tried to provide a logical definition of spiritual damage. Damage is not limited to financial losses, but spiritual damage damages and damages the most important dimension of human personality, which is its spiritual and spiritual dimension. However, in jurisprudence, compensation for material damages in both positive and negative types has been strongly and frequently considered and revised in Iranian jurisprudence and criminal law. However, the issue of "spiritual damage" still has much to do with the current laws and even jurisprudence. This article seeks to pay attention to the importance of reason in Islamic penal laws and criminal procedure and the methods of compensation for damages due to its loss or decline, using a descriptive-analytical method and considering jurisprudential and legal sources. Finally, with the aim of removing ambiguity from Qunin and emphasizing the spiritual rights of reason and by examining and analyzing the legitimacy of "spiritual damage" and how to compensate it by studying the current laws, especially the new criminal procedure and Islamic Penal Code, as well as civil liability and Its application to the rules of jurisprudence, such as the rule of no harm, the denial of hardship, pride and waste, as well as the examination of the rule of reason, we will conclude that spiritual damage can be claimed. Manuscript profile
      • Open Access Article

        5 - Comparative Study Of Realm Of Civil Liability Of A Minor Guardian In Iranian, England And French Law
        Maryam  Tafazoli Mehrjardi Behshid Arfania
        The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development More
        The principle of personal responsibility is accepted by different sharia and legal systems. Therefore, no one can bear the burden of another sin, and this principle is in the law of civil liability. Therefore, with the evolution of human social life and the development of civilization and urbanization and moving away from tribal life, the principle of collective civil responsibility has been shaken, and whoever causes harm to another must compensate the loss himself.In Iranian, England and French law, Civil liability resulting from a minor harmful act is one of the examples of liability resulting from a non-harmful act. Therefore, in Iranian law, those who are in charge of caring for, care or educating a minor, if they fail in this task and as a result, the minor harms another, are guilty according to Article 7 of the civil liability law, and they will be obliged to compensate the damage and if he has not failed, he will be examined according to Article 1216 civil law. This rule is an exception to the principle of personal civil liability. Therefore, the purpose of civil liability in all three countries is to compensate the victims; If the terms and conditions of minor civil liability are met, the injured party has the right to seek redress from the guardian. The minor guardian, like any other civil liability, is only liable for damages attributable to himself resulting from the minor act. Manuscript profile
      • Open Access Article

        6 - Principles of State Civil Liability for Environmental Pollution
        Sayed Ahmad Asgari Arjnky
        Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On More
        Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile