law

Open Access Article

1 - The Effect of 1% Law in Industry- University Relation Development
hossein salaramoli

In this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 More

In this report, our review of work carried out to evaluate and analyze the parliamentary act defines as law of 1%, which has played a critical role in Iranian S&T development during last three years. This act has been legally confirmed by Islamic Parliament since 2007 in annual budget plan and this confirmation repeated three successive years with small changes. The main job was in practice since 2008, based on this rule more than 530 governmental companies, institutes and banks should increase their S&T investment up to one percent of their annual operational income. In general, during years 2007 to 2010, more than 9762 research priority introduced by these companies and 5247 research projects have been signed. The total amount of these projects was about 8300 B Rls ($830 M). Also in this work, the opportunities and challenges have been reviewed and few comments recommended for annual budget of 2011- 2012 (1390). Manuscript profile

Open Access Article

2 - Reflection of the Constitutional Era in Nasim-e Shomal and Ahmad Shouqi's Poetry
GHsem Sahrai علي نظري

The people's awakening and awareness, seeking liberty and justice, wanting rules, fighting against oppression, patriotism, and in other words demanding the Constitutional situation were among the most important events in contemporary Iran and some of the other neighbori More

The people's awakening and awareness, seeking liberty and justice, wanting rules, fighting against oppression, patriotism, and in other words demanding the Constitutional situation were among the most important events in contemporary Iran and some of the other neighboring countries. The writers of this article intend to reveal this common theme in the poetry of two contemporary poets; Nasim Shomal- the Iranian poet and Ahmad Shoqi; the Egyptian one. Though Nasim Shomal and Ahmad Shoqi lived in two non-neighbor countries with different languages; there are many common concepts and themes related to the Constitution observed in their poetry which show the common cultural and social aspects in both the Iranian and the Egyptian nations. They expect the Constitutional and the parliament system to have deserving, functional and knowing rulers; a system which provides the people's welfare and progress and happiness and blocks any kind of oppression and tyranny. But unfortunately the Constitutional system does not develop in the living era of these two mentioned poets as it is expected and fails. The anti-constitutionals gain power over the parliament and the other governmental positions and therefore the country is threatened by chaos and turmoil. For these reasons both of the poets encourage and call people to protect their countries. Manuscript profile

Open Access Article

3 - Formation of International Cooperation in Confrontation with Terrorism: Strategies, Opportunities and Challenges
Reza سيمبر

This article emphasizes the idea of global cooperation for confronting the phenomenon of international terrorism and it also argues that the failure to reach a consensus over the definition of terrorism is the main obstacle for overcoming this problem in global level. T More

This article emphasizes the idea of global cooperation for confronting the phenomenon of international terrorism and it also argues that the failure to reach a consensus over the definition of terrorism is the main obstacle for overcoming this problem in global level. This article also argues that a more effective role can be taken by the United Nations and international law to confront terrorism. The United Nations should fight poverty, inefficient governments and underdevelopment, whether or not these issues are related to the terrorism phenomenon. In confrontation with terrorism, the United Nations should show terrorist acts as undesirable and detestable as possible, so that there would be less motivation for committing such acts. In other words, the crucial question posed here is: what are the main strategies of the international community for confronting international terrorism? The article argues that these two strategies can complement each other and pave the way for more international cooperations. Manuscript profile

Open Access Article

4 - The Antigone of Sophocles and Athenian Democracy
مصطفي يونسي

The main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn More

The main purpose of this article is to find the relation between political implications of Sophocles’s Antigone and “Athenian Democracy”. To do so, we have used a structuralist approach the main feature of which is exploring binary oppositions in the text which in turn results in finding the oppositions within the political-social life that provides a ground for the creation of the text. From the point of view of political thought, the most prominent opposition in the tragedy of Antigone which creats a network of oppositions around itself, is the one drawn between “family”- with its values- and “political system” and the relationships among the citizenry. The importance of this opposition has been confirmed by Christian Meier, Jean Pierre Vernant, Charles Segal, and even Micheal Zelnak.It reveals a transition to the epoch of citizenry’s relations. It also caused the confrontation between “unwritten divine laws” and “man-made written laws”, the opposition that is the main focus of the present article. Manuscript profile

Open Access Article

5 - Economic Theory, Constitutional Law, and Justice
abolfazl pasbani

Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable pot More

Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable potentials and offers good solutions, its capabilities have been exaggerated and, according to Amartya Sen, it manifests a kind of transcendental institutionalism. However, attention to unofficial institutions can be more fruitful. Manuscript profile

Open Access Article

6 - Anxiety and Political Action (Case Study: The Boy Students of Law and Political Science Faculty, University of Tehran)
Aliapshraf Nazari Hanif Amoozadeh Mahdiraji

The impact of human emotions not only effect on their daily life, but also influence on political behavior. Hence, high ranked of mass people or politicians make decisions based on their emotions. It is not reasonable to believe that people`s reaction based on their log More

The impact of human emotions not only effect on their daily life, but also influence on political behavior. Hence, high ranked of mass people or politicians make decisions based on their emotions. It is not reasonable to believe that people`s reaction based on their logical thinking. Some psychological factors such as anxiety (As an effective factor inside humans) could make people`s behaviors in their lifecycle. therefore, human`s political believes will also be affected by these motivators. In paper, this issue has recognized that anxiety has a dual effect on different levels of political behaviors. In one aspect, increase in anxiety will make direct effect on political behavior, and on the other hand, if anxiety breaks its red line, it will have decreasing effect on political behavior of society by motivating defensive mechanisms, and as a result society isolation and surveillance will appear. By using proper tools, defensive mechanisms could be controlled and political behavior of the society will turn back to its equilibrium point. Finally a dynamic system model has been described for this purpose. Manuscript profile

Open Access Article

7 - Power and the Commune: Priority of Power to Right in Political Philosophy of Spinoza

Baruch Benedict Spinoza’s theoretical constellation formulates a theory of right and law that prepares bases for his special rationalism and humanism that is specific to republican political philosophy. This philosophy of right and law relies on metaphysics of power and More

Baruch Benedict Spinoza’s theoretical constellation formulates a theory of right and law that prepares bases for his special rationalism and humanism that is specific to republican political philosophy. This philosophy of right and law relies on metaphysics of power and prefigures the “Multitude” and the “Commune”. This philosophy of right and law is one of the many unique aspects of Spinoza`s practical philosophy. Spinoza`s theory of right as articulated in his political essays Ethica and Tractatus Politicus is as following: The more right extends, the more power extends and since society or commune produces more power, it produces more right. This unique aspect of practical philosophy of Spinoza relies on some aspects of old theory of right and law. In other words, the right and law theory of Spinoza can be considered one of Spinoza’s bonds with old traditions. The right and law Spinoza theory relies on “power” and considers “Multitude” and “Commune”. Manuscript profile

Open Access Article

8 - Measuring the internal coherence of political regime elements in Plato's laws
Seyyed Khodayar Mortazavi

This article examines the internal logic and relation of elements of the existing regime in Essay of the Laws based on their duties and powers, using the theory of "Spragens" and taking into account the crises in the society. The result of the work is to draw a model of More

This article examines the internal logic and relation of elements of the existing regime in Essay of the Laws based on their duties and powers, using the theory of "Spragens" and taking into account the crises in the society. The result of the work is to draw a model of the political regime in which we see a combination of the main elements of the two regimes, monarchy and democracy, and its most important goals are to ensure the prosperity and security of the members of the society. In this regime, the institution of the monarchy is at the top, but powerful council institutions such as the Night Council, Law Guards, and the City Council composed of experienced elites are foreseen, which, although they adjust the role of the king in the administration of affairs, in many cases, their duties overlap and paradoxical. In general, the arrangement of the institutions of this regime is such that due to the lack of internal coherence, it deprives the citizens of the possibility of dynamism and fundamental innovation or prosperity, and perpetuates a static and rigid state in various aspects of life. Also, this regime can be seen as a model between two ideal and real societies, which, although it is far from the model of the Republic, its real actualization is also very unlikely. Manuscript profile

Open Access Article

9 - Legalization of Public and Private Sphere Theory, with Emphasis on Hannah Arendt’s View
Samaneh Rahmatifar

The comparative study on political theory of the public and private sphere with law provides a basis for restriction of law and state and redraws public-private law boundary. Research method is descriptive-analytical. That is, firstly, the private and public sphere, acc More

The comparative study on political theory of the public and private sphere with law provides a basis for restriction of law and state and redraws public-private law boundary. Research method is descriptive-analytical. That is, firstly, the private and public sphere, according to Hannah Arendt's theories, are described by identifying its elements. And, secondly, the elements in two spheres are analyzed in accordance with law framework and its branches generally. And, finally, the level of recognition of private and public sphere in legal system of Iran is measured. The private sphere is an area of human life that is intertwined with elements such as intangible ownership and presidency of the family, and the tendency to conceal and naturally de-legalization. Civil society is a part of private sphere; it is an area of human self-control activity into non-governmental groups. The public sphere is an area of policy-making by citizens through free conversation and action. In the legal system of Iran, the private sphere is supported overall; independence of civil society is not guaranteed, despite implicit recognition. Government makes policy, then citizens work within its framework after getting governmental permission. Manuscript profile

Open Access Article

10 - Comparising the components of democracy with the criteria of good governance in the light of international law
Akbar Savari Samaneh Rahmatifar Shahram zarneshan

The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the pr More

The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the prescriptions of international institutions for national systems and democracy is one of the long-standing social aspirations of nations. The research method is descriptive-analytical with a genealogical approach; In this way, after describing democracy and good governance, in terms of their history in international law, the components of good governance as the principles of democracy are measured through the comparative method. The result shows that the components of good governance have the potential to become indicators of the principles of democracy and, by objectifying democracy, make it possible to measure the degree of democratic legitimacy of states in terms of international law; Thus, in international law, a legitimate state is a democratic state, and democracy means the domination of good governance over all relations between citizens and the state. Manuscript profile

Open Access Article

11 - Modeling the Inter-arrival Time of Packets in Network Traffic and Anomaly Detection Using the Zipf’s Law
Ali Naghash Asadi Mohammad Abdollahi Azgomi

10.7508/jist.2018.02.003

In this paper, a new method based on the Zipf’s law for modeling the features of the network traffic is proposed. The Zipf's law is an empirical law that provides the relationship between the frequency and rank of each category in the data set. Some data sets may follow More

In this paper, a new method based on the Zipf’s law for modeling the features of the network traffic is proposed. The Zipf's law is an empirical law that provides the relationship between the frequency and rank of each category in the data set. Some data sets may follow from the Zipf’s law, but we show that each data set can be converted to the data set following from the Zipf’s law by changing the definition of categories. We use this law to model the inter-arrival time of packets in the normal network traffic and then we show that this model can be used to simulate the inter-arrival time of packets. The advantage of this law is that it can provide high similarity using less information. Furthermore, the Zipf’s law can model different features of the network traffic that may not follow from the mathematical distributions. The simple approach of this law can provide accuracy and lower limitations in comparison to existing methods. The Zipf's law can be also used as a criterion for anomaly detection. For this purpose, the TCP_Flood and UDP_Flood attacks are added to the inter-arrival time of packets and they are detected with high detection rate. We show that the Zipf’s law can create an accurate model of the feature to classify the feature values and obtain the rank of its categories, and this model can be used to simulate the feature values and detect anomalies. The evaluation results of the proposed method on MAWI and NUST traffic collections are presented in this paper. Manuscript profile

Open Access Article

12 - An Automatic Thresholding Approach to Gravitation-Based Edge Detection in Grey-Scale Images
Hamed Agahi Kimia Rezaei

10.52547/jist.9.36.285

This paper presents an optimal auto-thresholding approach for the gravitational edge detection method in grey-scale images. The goal of this approach is to enhance the performance measures of the edge detector in clean and noisy conditions. To this aim, an optimal thres More

This paper presents an optimal auto-thresholding approach for the gravitational edge detection method in grey-scale images. The goal of this approach is to enhance the performance measures of the edge detector in clean and noisy conditions. To this aim, an optimal threshold is automatically found, according to which the proposed method dichotomizes the pixels to the edges and non-edges. First, some pre-processing operations are applied to the image. Then, the vector sum of the gravitational forces applied to each pixel by its neighbors is computed according to the universal law of gravitation. Afterwards, the force magnitude is mapped to a new characteristic called the force feature. Following this, the histogram representation of this feature is determined, for which an optimal threshold is aimed to be discovered. Three thresholding techniques are proposed, two of which contain iterative processes. The parameters of the formulation used in these techniques are adjusted by means of the metaheuristic grasshopper optimization algorithm. To evaluate the proposed system, two standard databases were used and multiple qualitative and quantitative measures were utilized. The results confirmed that the methodology of our work outperformed some conventional and recent detectors, achieving the average precision of 0.894 on the BSDS500 dataset. Moreover, the outputs had high similarity to the ideal edge maps. Manuscript profile

Open Access Article

13 - Jurisprudential and Legal Study of the Concepts of Right and Decree
Seyed Alireza Foroughi

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right More

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right of administratorship, right of custody and the like. Although these are interpreted as right in the literature of the jurisprudents, they are all examples of decree. Second, right in its particular sense is vis-à-vis property and decree. Therefore, it has been said that the jurisprudents who put right in front of property and decree, they mean a type of religiously obligatory decree, which is also called religious decree or the decree of the Legislator. However, in cases we consider decree in its general sense, either obligatory or enacted, it is clear that right (like property) is a type of enacted decree. Therefore, decree in its general sense is attributable to its particular meaning (second meaning). On this basis, when right is compared and contrasted with decree, the denotative meaning of the two is involved and when in jurisprudence, jurists talk about the effects and consequences of right, like the capacity to waiver, and transfer, they mean that right possesses these effects as an enacted decree and its independent rational validity. On the contrary, the obligatory decree lacks such characteristics. This paper is an attempt to study the relationship between obligatory decree and enacted decree, and as well as the viewpoints of theoreticians at law and the independent viewpoints. Attempts also have been made to discuss the criteria for distinguishing right from decree and the procedure and criteria for judgment when doubt is raised about right and decree. In case of the absence of criteria, what shall be the basis for performance? Manuscript profile

Open Access Article

14 - A Review of the Impact of Bona Fide on Waiving the Liability of the Physician in Iranian Law (In Comparative Study with Canadian Good Samaritan Law)
Zahra Tabesh

Abstract: Due to its ancient history and special criticality, the medical profession has always been accompanied with serious legal challenges in the balance of rights between the physician and the patient. It is for years that bona fide is being used as a criteria and More

Abstract: Due to its ancient history and special criticality, the medical profession has always been accompanied with serious legal challenges in the balance of rights between the physician and the patient. It is for years that bona fide is being used as a criteria and a guarantee for the enforcement of law by the Iranian-Islamic jurists and law experts. Despite the fact that medical acts are considered bona fide in nature, in the judicial procedure and system of Iran, it is difficult to approve the good intention of all people rendering medical services. Therefore, despite a long history of bona fide and the liability of the physicians, a review of this principle in comparison with the Good Samaritan Law in Canadian law - as its common law likeness – could open new horizons to clarifying the liability of the physicians. According to the findings of this study, Good Samaritan Law is applicable as a liability outside the terms of the contract and only in emergency conditions and chiefly in the case of a non-physician. However, bona fide has a broader and more general coverage that can include – in case all requirements are met – all areas of liability of the physician. The demonstrable aspect of bona fide in creating rights for claiming a fee by the service provider is a strong point with this principle and a priority over the Good Samaritan Law. Manuscript profile

Open Access Article

15 - Mortgage of Jointly Owned Property in the Jurisprudence of Five Religious Schools of Law and in Iranian Law
Saeed Farsad

Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mea More

Abstract: Mortgage of jointly owned property (indivisum) is permissible according to Imamiyah, Maliki, Shafi’i, and Hanbali (except Hanafi) schools of Law because it is an instance of the rule of dominion. This is because conclusion of the mortgage contract does not mean possession of the jointly owned property. It is clear that submission of the jointly owned property to the mortgagee, in cases where it requires possession of the shares of the other partners, requires obtaining their consent. In cases where the mortgager submits the property to the mortgagee without the consent of the other partners, he shall be considered legally responsible for that. However, in cases where the submission of property means evacuation, the submission of the property does not mean possession of the shares of other partners, thus according to the jurisprudence of the above-said schools of law it does not need their consent for evacuation. This paper intends to study these issues in the jurisprudence of the abovementioned five schools of law and in the Iranian law. Manuscript profile

Open Access Article

16 - Legal-Jurisprudential Analysis of Conditional Sale Option in Relation to Transactions with Right of Restitution
Saeed Karami

Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge ( More

Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge (rahn) contract. The conditional sale can be analyzed in two ways: First, the conditional sale involving the contractual relationship between mortgagor (seller) and mortgagee (buyer) stipulated in Article 34 of the Law on Registration of Deeds; Second, the conditional sale that does not govern the contractural relationship between the seller and buyer, and it is a real sale under articles 485-462 of the Law. The conditional sale governing the contractural relationship between the mortgagor and mortgagee is an instance of transaction with the right of restitution (Article 33 of the Law). This is why the law has considered the request for registration of the property in conditional sale as a right for the debtor, because in this type of conditional sale the buyer does not intend to conclude a contract of sale. Any negligence of this criterion will raise ambiguities: First, any conditional sale will be taken as the one with the right of restitution, whereas it is otherwise. Second, the real conditional sale has been well stipulated in Article 399 of the Civil Code; therefore, all sales stipulated in Article 399 of the Civil Code must be considered as the transactions with the right of restitution. It is clear that the existence of the element of option in a sale contract does not mean it is an instance of transaction with the right of restitution. Articles 33 and 34 of the Law on Registration of Deeds are not exclusive to provisions of Article 459, because this article is not about the conditional sale governing the contractual relationship between the mortgagor and mortgagee, whereas articles 33 and 34 of the Law govern such relationship. Manuscript profile

Open Access Article

17 - A Study of the Procedures for Liquidating Bankrupt Banks (A Comparative Study of American and Iranian Legal Codes)
Mohammad Isai Tafreshi Khadijeh Shirvani

Abstract: It was after the 1929 Great Recession in the United States that the world economy suffered heavy losses and Iranian officials began paying attention to the bankruptcy of the banks and its highly negative impacts on the national economy. Consequently, the lawma More

Abstract: It was after the 1929 Great Recession in the United States that the world economy suffered heavy losses and Iranian officials began paying attention to the bankruptcy of the banks and its highly negative impacts on the national economy. Consequently, the lawmakers came to the conclusion that rules and regulations on bankruptcy of the commercial corporations are not sufficient for verifying bankruptcy of the banks – which are considered commercial corporations in kind. On this basis, the United States has tried to consider certain rules and regulations for bankruptcy of banks, thanks to their role in national economy and their differences from the commercial corporations. The bankruptcy code for banks and financial institutions in the United States is called Resolution Regime. It is the government’s legal framework that resolves a failed bank in an orderly way to prevent the collapse of financial markets and the country’s financial system, to continue key services by the banks and to prevent the burden of bankruptcy on the government and taxpayers. In Iranian law, the bankruptcy regime of the banks is not a hundred percent apart from the bankruptcy of the corporations. In case of the bankruptcy of a bank, the Trade Law rules and regulations on bankruptcy will be considered as general rules and other monetary and banking rules and regulations will be particular ones. In case of the silence of the particular laws, the general rules and regulations will be applicable in case of the bankruptcy of the banks. In U.S. law, liquidation is the last step to deal with a bankrupt bank, while in Iranian law - since there is no substitute method for liquidation - the bankrupt bank starts liquidation immediately after receiving the order of bankruptcy. Manuscript profile

Open Access Article

18 - Investigating the status of woman in Islamic ethics, emphasizing the right of custody and women's employment in the rights of Islam and humanity
Ilnaz Ali Nejad seyed mahdi salehi reza nik khah sarnaghi

The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and pri More

The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and priority of the parties arises for the care of the child, which is similar to the circumstances, in the absence of the necessary conditions for the custody to be transferred to the opposite party. At the same time, today one of the indicators of human development is the extent to which women are present and how they play their roles in various fields of activity, which has a serious impact on other actions. The issue of protecting women's rights and non-discrimination on the basis of gender is a special issue. Success in this case needs to be paid for employment that is being tackled. For this reason, custody and employment are two related concepts, in which the maintenance and upbringing of the child requires income, which is realized with the aim of improving the continuous education of children based on the active participation of women in employment. Its apparent manifestation and manifestation in Islamic law is more evident than its application to human rights. Manuscript profile

Open Access Article

19 - Guarantee for divorce, legal, moral and legal mediation
mahmud ghayumzadeh Tahereh Pour Nemati Shams Abad

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the j More

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the jurists , Jurists and ethical educators, in order to prevent the collapse of this basic institution of society, in order to secure the family from social anomalies, hands, to achieve various developments, and always at various dangers, including the fall and decline of morality. There are a number of rights and duties in the family. Whether among the various sciences that examine the family and its role in the upbringing of children, ethics is a matter of great responsibility, and perhaps all of the family-related sciences, including social sciences and law-based science, and morality-based psychology, and their own ethics Based on the Islamic teachings and verses, and given that the religious knowledge of the Islamic Shari'a has been given the most attention, the maintenance and preservation of the family center as the safest society of the pillar, it can be said that the science of ethics, The basis of the writing is the rights of the family. Manuscript profile

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20 - Civil liability of a lawyer to a party and his religious and moral rights
Alireza Karimi Larimi seyed hosein safaii

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that More

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that the lawyer of the judiciary in contrast, the legal conflict, will have responsibility or not? There has long been no consensus on this matter, and a traditional view holds that even the notion of responsibility for a lawyer will eliminate his focus on defense and prevent this concern in the area of responsibility for the good defense of the lawyer, but the new theory and career requirements and the lawyer's profession leads to the recognition of the attorney by providing conditions, and the legal assignments, as well as the affirmation of the third party's liability for the lawyer, are suing. Manuscript profile

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21 - Coming on the concept of transitional justice in the field of international law and the role of human and moral dignity in its development
Seyed Najmuddin Qureishi Abbasali Kadkhodaee Mojtaba Babaei Fatemeh Sohanian

The most important issue that occurs after a state change is through a process of disorderly progress towards stability and comprehensive development. Some lawyers in the field of international law have long believed that this is due to the implementation of mechanisms More

The most important issue that occurs after a state change is through a process of disorderly progress towards stability and comprehensive development. Some lawyers in the field of international law have long believed that this is due to the implementation of mechanisms that are based on human dignity And ethics, and they call it the process of transitional justice. This process is a prerequisite for achieving lasting peace, providing justice and human dignity in countries that have witnessed massive crimes against humanity. But in terms of the concept of transitional justice and its implementation methods, due to the newness of this concept and the variety and sometimes the mechanism of conflict, there is no consensus among the experts in this field. The difference in view in many cases has led to a different implementation of the transitional justice process. In this article, various views of this area and its effects on the implementation of transitional justice are discussed. Manuscript profile

Open Access Article

22 - 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

23 - The senses of citizenship obligation at criminal law of iran
Abbas Zera,at Meysam Nematollahi

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has More

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has recognized ,but that which has the citizen at criminal law with due attention to sovereigntialitical nature of criminal law has dutes which does not acting citizens can use criminal sanctions. With review of criminal law can say that the citizen at criminal law as other area of public law has duty ,the duty to impeach the crime and to be witness and the duty to presence at court are some duty that can mention beside the knowledge of law and care of citizen health. Manuscript profile

Open Access Article

24 - Impact of globalization on the conflict of laws from the perspective of ethics
Abdolmahdi Heidari Nejad Ali Almasi

In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected More

In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript profile

Open Access Article

25 - Legislative ethical review of Iran's international obligations in the fight against terrorism
Alireza Ansari Behzad Razavi Fard javad tahmasebi

The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite More

The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite the wide-ranging nature and features of the phenomenon of terrorism, it has only become a controversial international, regional, and domestic debate for decades. Despite the fact that today all countries condemn the sound of terrorism, unfortunately, the topic of terrorism is more political than legal. Therefore, the phenomenon of terrorism has become one of the most important security concerns of nations and governments around the world. The prevalence of the phenomenon of terrorism is not limited to a particular region or states, but from a small, less developed country to the world's largest powers, somehow face this security problem. Manuscript profile

Open Access Article

26 - Examining Ethical Ethical Patterns from the Point of View And judicial procedures in the international system
Seyyed Hossein Mousavi Seyyed Baqer Mir Abbasi Mahmoud Bagheri

International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatur More

International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatures on the planet. For this reason, the theoretical foundations determining human interaction with nature, including ethics, are of interest to environmentalists. The explanation of the ethical theory of the environment from the perspective of judgments and judicial procedures in the international system, from the requirements of conservation and exploitation From the global environment. The common environmental ethics are based on a range of intrinsic value foundations that are human-centered and ecosystem-based, but in recent years, the proper interaction of man with the natural environment and the solution to the environmental crises of the world in the return Search for the basics of judicial procedures in the international system. In this article, we try to elucidate environmental ethical considerations in relation to the two fundamental questions of ethics about the "global environment" and "international judicial procedures" and to show why explanation of environmental ethics based on the view of the legal system Internationally, there is a more comprehensive view of environmental protection. Hence, "In recent years, ethical factors in international environmental law have been considered as part of the international community's public order. And has also become increasingly prominent in the work of the International Court of Justice. "This issue was of particular importance in terms of accessing the healthy environment as a human right. Also, issues related to ethics in the environment, commitments and responsibilities of countries, environmental perception as common property, and so on, caused countries, as the main determinants of international law, to take effective steps with the cooperation of other actors in international affairs To regulate the behavior of countries and other international actors in the field of the environment. Manuscript profile

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27 - Explaining the Foundations and ethical Principles of Consumer law from the Viewpoint of Islamic Law
rasul shojaei Jalil Ghanavati touraj taqizadeht ahmad habibnezhad

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have More

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have entered into the our business world with a new face, it’s need to note to human and moral aspects, which undoubtedly have many legal requirements in the legal relationships among people, including Consumer contracts and consumer contracts are rooted in ethical principles. Theology, anthropology, nature, dignity and self-esteem, justice, goodwill, ethical indecency and etc. are among the bases in relation to consumer law. The purpose of this research is to explain and analyze the foundations mentioned in Islamic law. Manuscript profile

Open Access Article

28 - Ethical Analysis of Leasing Liquidation in Iranian and French Law
Ahmad

In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related t More

In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related to real persons or legal entities. In this meanwhile, lease contracts as gratuitous and purchase contract considers as such contracts which the legal effects of dissolution returns to it. This article intends to carry out a comparative study to determine the approach of Islamic republic of Iran and France's Civil Code about the dissolution cases of the lease by utilizing a qualitative approach that is based on gathering information from library resources. Findings from this study indicated that from the perspective of legal sources, we can invalid the agreement between the landlord and tenant and order to its dissolution through some forms of dissolution, including termination, nullity and also the lease termination. Also, in the civil law of Iran, contract lease is a customary contract. Therefore, at the time of the conclusion of the contract, the value of the procured profits must be determined and specified; despite of the French legal system which considers the contract lease to be a covenant. It is not possible to determine the term indefinitely; in this case, the contract lease is null and void. Manuscript profile

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29 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharnia

In 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 More

In 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

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30 - Intrinsic dignity and protection of human personality in the context of the fundamentalization of civil liability rights
امیر نجفی قامت Ebrahim Shoarian Hasan Phashazadeh

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizon More

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizontal relations between individuals and subjects of private law. The Influence of Fundamental Human Rights on Civil Liability Rights, while legitimizing traditional rules, provides the basis for the development or redefinition of certain concepts and, ultimately, the effectiveness of civil liability rights. The purpose of this study is to investigate the effects and results of fundamentalism in the field of civil law and responsibility by descriptive-analytical method. In short, due to the common examples between concepts such as rights related to personality and fundamental rights, such as human inherent dignity, the right to health, autonomy and individual independence, the right to reputation and the need for privacy rooted in individuality. They have human beings, this relationship is two-way and it is much deeper than the relationship between other branches of private law and fundamental law, while there is a kind of overlap between the two. Legislation based on inherent human dignity and normative values, interpretation of existing laws based on justice and fairness, protection of legitimate rights and interests, redefining the concept of fault, full compensation and development of claimable damages, including the fundamental effects of this branch of law. It is private. Manuscript profile

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31 - The nature of the world and verbal beliefs in the poems of Mohammad Taghi Aliabadi Mazandarani
jalil tajlil شعبان توکلی

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also More

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also had the office of his clerk. He wrote the short and useful history in the description of Fath Ali Shah's ancestors and the ancestors of the time, "Muluk al-khalk" or "Treasury of Khaghani", and "The Divan of the Poems" became famous. Mzndrani Ghazal, Qasī, and Samnahni is a self-examining and "Sahib" of his penance. He is a moderator of poetry in the form of the poetry of nature and moral values It is never Frvngzardh and Rumi, a mystical ideas and beliefs is presented. The presentation of thoughts in the poems of Sahebdivan is somewhat predefined in the modeling of the core of the mystical beliefs; the emergence of ideas, even in the form of invisible strings, appears in his court, especially in the form of his masculine forms. Among them, the subject of the world and the examples of the events The old, love, creation and creation of the world and man are in the poems of the owner of the special court, which is the subject of this essay. This is due to his particular way of expressing the ideas of the belief and the theological, which has the power of his literary artist. The emergence is the focus of this critique. This essay is based on the critique and poetry analysis of library resources. Manuscript profile

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32 - Examining the Role of Religious Beliefs in Protecting the Rights of Women Focused on Family Protection Law
Nafiseh Nekouie Mehr Atefeh Hosseini Far

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and m More

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and men natural rights not the same rights. However, Islam does not oppose the equality between women and men but it opposes the similarity of their rights. The constitution of the Islamic Republic of Iran has set a high status for women, and in this connection the government is obliged to observe women's rights in all respects according to Islamic standards and guarantee the full rights of all persons, including men and women, and equality of the law of the Supreme Court has been emphasized. In accordance with the Islamic rules governing the country, the current paper examines the new law on the protection of the family adopted in 2013, for the protection of women's rights, as well as three important issues that directly address the challenges of women's rights. The main question of the current paper is whether this law has taken a more effective step towards the stability of the family, rather than the previous law, and has been responding to the question and has also examined the compliance of this law with the Iranian religious beliefs. Manuscript profile

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33 - Comparative study of the goals of punishment in the beliefs and beliefs of customary law and Islamic teachings
Amir Vatani Amir hasan niaz poor Farzad Askari

In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Is More

In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Islam is from punishment The perpetrators are nothing more than the above objectives, with the difference that the goals of Islam are more general and more extensive than the legitimate aims of the law. Islam, in addition to worldly goals that are in accordance with the goals of modern legal or criminal law, There are other goals as the afterlife goals, which is the welfare of mankind in the hereafter. Therefore, considering that God considers in his own words the expediency of society and the people, in his decrees the interest of the worldly and the future of the people has been considered. So if there was a profit in punishment, but at a certain time and place it would be a loss for profit and its implementation would not be expedient. It can no longer be the purpose of the Lord, while it is true that the punishment has lost the goals of the Lord. However, the worldly goals of punishing criminals from the point of view of Sharia and Islam are in most cases with customary and criminal law It is in harmony with the worldly happiness of mankind, except for the bliss of the afterlife, So, as long as it is punishable by the fact that it is profitable, and if, once it benefits to a corruptor or causes the worship of Islam and does not result in the above objectives, it can no longer be considered by God, otherwise The face is not compatible with God's righteousness. Manuscript profile

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34 - The Principles of the Epistemology of the Rule of Law in the Legal System of Iran
سید محمد علی آل محمد Godrat,o Allah Noruzy manoochehr Tavassol Naini,

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligat More

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion. Manuscript profile

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35 - Studying the constitutional and legal nature of individualism or individuality Authenticity
Somayyeh Sarami Nafiseh Nekouie Mehr

With the rise of modern communication technologies, including the Internet, individualism has increased and has led to a weakening of the collective relations and normal human links (eg face-to-face relationships and emotional relations). For this reason, because of the More

With the rise of modern communication technologies, including the Internet, individualism has increased and has led to a weakening of the collective relations and normal human links (eg face-to-face relationships and emotional relations). For this reason, because of the viewpoint of aggregation and interests Collectively, it is a priority and priority. Therefore, any kind of individualism and motivation that contributes to the strengthening of the spirit and the culture of individualism is denied and denounced. Humanism or individuality is a major theoretical element in the "liberal-capitalist" system, and in the sense of The heart of this system and free market ideology is in place. In this school, his person and his rights prevail over everything. If a government is formed, it must be at the service of the people of the community. Collectivist concepts, such as the "benefit of society," are false. Everyone recognizes his or her own interests better than others, and if they seek their own good and good, then society will eventually be good. We have no absolute goodness and virtue to interfere in human life. Religion, ethics and government, as well as reformers and thinkers, have no right to issue copies to prescribers. In this paper, I also examine the different perspectives on individualism, the controversies and the ways in which this school is with Islam. Manuscript profile

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36 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
Alireza sharifi Mohammad molodi

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an More

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript profile

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37 - Comparative study of proscription and approval through kalami approach
Masih Mahmoodi sogh hormoz asadikohbad siyamak baharloei

Proscription and approval are two precedent approaches among the Muslim petitioners and clergymen. Approval originates from Sunni principles while proscription has a root in Shiite ones. Since two tribes of shiite and Sunnite have had disputes on the issue of the caliph More

Proscription and approval are two precedent approaches among the Muslim petitioners and clergymen. Approval originates from Sunni principles while proscription has a root in Shiite ones. Since two tribes of shiite and Sunnite have had disputes on the issue of the caliphate of prophet this kind of above -mentioned issues caused a distinction between their approaches more and more. The studies done by researchers in academic centers and religeous schools are often descriptive and merely illustrative. A deep and precide look at both the issue of proscription and approval of kalami functional challenges of these views was the main reason for the study. In this research, in addition to descriping and explaining both categories. The kalami errors of these views are reviewed by examining the comprehensiveness or deficiency of religion from the perspective of approval and also the problem of excommunication and its relation with the proscription has been examined. Bisides the contrast and paradox of the tow approaches, equality and unity of the content of tow views and some of the positive and constructive aspects of the thought of approval have been other findings from the researcher. Manuscript profile

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38 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
hosein khorshidi mohamad hosein shabani

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile

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39 - A Review of the Rules and Regulations of Science and Technology and Relationship to Innovation
Mohammad reza Ata pour Seyed Habibollah Tabatabaeiyan

In the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation ( More

In the concept of innovation systems, the interrelationship between actors is important. One of the most important tools that will shape this interrelationship between different actors in the system is regulations and laws related to science, technology and innovation (STI). In the literature, especially according to some economists such as Schumpeter, it is proven that laws and regulations could have the positive and negative impact on the development of technology and innovation. The literature review has shown that there are three views to achieve a comprehensive legislation in the field of STI. The classification categories are OECD’s rules, technological and non-technological laws and the prevention of failures rules. In addition, in this research, science and technology rules and laws as "lows on science and technology" in other countries are also examined. As a result, the proposed framework is introduced to show the different dimensions considered to achieve comprehensive science, technology and innovation law. Finally, according to this research, there are some proposed factors such as institutional modifications and innovations, determination of important science and technology branches, comprehensive view about these regulating and concept of STI, and attention to dynamics of laws and rules, that decision makers should consider to achieving comprehensive regulations. Manuscript profile

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40 - Smart Contract Technology, Evolution in the Development of E-Commerce: Requirements and Policies
Mohsen Sadeghi Mahdi Naser

10.52547/jstpi.20805.16.61.1

Modern trading tools play an undeniable role in the development of e-commerce. One of these tools are smart contracts, which have features such as speed and high security compared to other types of electronic contracts. This paper attempts to answer the question of what More

Modern trading tools play an undeniable role in the development of e-commerce. One of these tools are smart contracts, which have features such as speed and high security compared to other types of electronic contracts. This paper attempts to answer the question of what are the challenges of policymaking the general rules of contract formation at the stage of smart contract conclusion? In general, the most important challenges are to comply with the rules governing these contracts with existing norms in society, the conflicting domestic laws and international regulations, the validation of these contracts, and the means of concluding them including virtual currencies, the mechanism of artificial intelligence performance and the centralized nature of artificial intelligence. Addressing these challenges requires some legislative and executive policymaking, including the adoption of efficient laws for the validation of smart contracts and virtual currencies, the revision of existing laws, predicting thef of virtual currency licensing and the use of digital signatures, informing people and designating regulatory bodies. Manuscript profile

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41 - A study of the nature of private data in the performance mechanism of IoT technology tools
hosein sadeghi Mahdi Naser

10.61186/jstpi.20927.19.76.33

The invention of Internet of Things technology and its application has led to the development of industry and trade in countries. Tools that include Internet of Things technology are tools that enable simulation of human performance by tools by embedding multiple stimul More

The invention of Internet of Things technology and its application has led to the development of industry and trade in countries. Tools that include Internet of Things technology are tools that enable simulation of human performance by tools by embedding multiple stimuli and sensors. But the mechanism of action of these tools has challenges in maintaining the security of private information. The first issue in this regard is the necessity of nature and separation of private data of the non-private type. In the Iranian legal system, the only legal document in this field is Article 58 of Electronic Commerce Law, and the ambiguous text of this article has challenged the identification of this type of data. In this article, for an unknown reason, by separating the types of private data, not only has nature of this data been disrupted, but only a specific category of this data has been subject to the terms of the article for processing and no other provisions have been established. Is. However, in European Union, there are relatively comprehensive regulations in field of identifying the nature of private data, four criteria of identification based on the nature of the data processed, the purposes of using the processed data, concept of nicknamed data and Encrypted data exchanged in decentralized platforms (including China blockchain technology) has been identified as the criterion for identifying this type of data. Application of these criteria by policymakers in Iran could be the solution to many of the challenges ahead.. Manuscript profile

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42 - Position Of Intellectual Property Rights In The Support And Development Of Nanotechnology
Ehsan Kalantari Maybodi

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and produc More

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and products, the product of human intelligence has four characteristics: 1- First, it is a direct result of the work of human thought; 2- Second, this product falls into the information category; 3- Third, this smart product is not wasted by consumption; 4- The fourth is that it is easily supplied and can be reproduced. These features make the owner of such a product can not control its use and is easily lost. In fact, the economic value of an intellectual creation is due to its rarity and scarcity that if a number of people do not support and achieve it and exploit and use it, the mentioned value will be lost or at least reduced. In the legal system of Iran, several laws have been passed regarding the protection of intellectual property, which are very incomplete and rudimentary in comparison with international laws and need to be amended and supplemented. Nanotechnology has created new legal issues in the field of rights and intellectual property. Some of these issues may be resolved by existing laws or by controlling and modifying the nanosphere, but we may need to enact new laws to control the nanosphere. Manuscript profile

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43 - Social health, corruption on earth and war from the perspective of Islamic jurisprudence and law
ali yazdani h0sein ahmari MOSTAFA RAJAEIPOUR

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, forni More

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, fornication and corruptor on earth in terms and jurisprudence Islami has examined the background, pillars and examples of these crimes in the previous laws and their developments in the new Islamic Penal Code. One of the obvious examples of corruption on earth is moharebeh, so that it may be a crime of corruption on earth but not moharebeh, but every moharebeh is corruption on earth, and on the other hand, the moharebeh mentioned in the Qur'an and jurisprudence. It is more about war against God and the Messenger of God (PBUH), but in the Islamic Penal Code, war is one of the crimes against public security and comfort. Manuscript profile

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44 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad Nourian

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a More

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile

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45 - Right to Food from Perspective of Instruments of International Law with Emphasis to Nutrition Right of Children
Manuchehr Tavassoli Naini Ghazaleh Behzadfar

The right to food is one of the basic and fundamental rights for every person. In order to be able to benefit from other rights, people’s nutritional needs must first be satisfied. Without securing and attending to this right and innate need, a human will not be able to More

The right to food is one of the basic and fundamental rights for every person. In order to be able to benefit from other rights, people’s nutritional needs must first be satisfied. Without securing and attending to this right and innate need, a human will not be able to live and benefit from the rest of human rights. The right to food is not a separate and distinct topic, it's one of the subsets rights of economic and social rights that are recognized under the title of right to adequate standards of living including right to food. The result of this research shows that in addition to the universal importance of right to food and nutrition, children’s nutrition is more important because of their age and health status. Child nutrition as well as other rights, particularly right to education is very closely related. These are the things that turn the right to food into one of the most important human rights that requires attention, infringement on which should be followed up and investigated. Manuscript profile

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46 - Iran's penal policy towards providing security for children in cyberspace
Seyed Abbas Khalilpour Chalkiasari

The astonishing advancement of information technology in the early years of the twenty-first century has brought about countless changes in the various fields and opened another door to the new world so that all human economic, social, political, cultural and scientific More

The astonishing advancement of information technology in the early years of the twenty-first century has brought about countless changes in the various fields and opened another door to the new world so that all human economic, social, political, cultural and scientific activities are fundamentally changed. Law is also a branch of the humanities that regulates human relations in the context of collective life. It has developed laws to prevent children from unsecured entering the virtual world and legal measures to protect them. Adopting a distinct approach to the substantive criminal law of cybercrime can minimize harm to children and adolescents by prevention. In the meantime, questions and doubts have been raised about the limits of freedom of use of the Internet for children, the limits of free flow of information against child users, protection of child privacy in cyberspace and finally the role of legal regulations to protect this vulnerable group that easily can be exploited in this boundless world. In this research, through data collection tools and using library and internet resources with rational analysis of the content to study the legislative policy of criminal law on criminal security for children in cyberspace, in comparison with the iranian legal system and international documents, in order to better confront and prevent these crimes, the issues and problems and the strengths and weaknesses of the enacted laws are presented and suggestions and solutions for solving these problems are discussed. Manuscript profile

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47 - Manifestations of differential penal policy towards child victims with a look at the Child and Adolescent Protection Law adopted in 2020
bahram jafary

Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and prec More

Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects. Manuscript profile

Open Access Article

48 - The Nature, Effects and Requirements of Child Adoption in Iranian Law with a Comparative View of Islamic Principles and British law
marjan Arastuei

Adoption is an essential entity in current societies which in addition to providing the benefits for children without a guardian and couples without children, will have positive social implications and so it’s necessary to adapt its rules to social requirements. In this More

Adoption is an essential entity in current societies which in addition to providing the benefits for children without a guardian and couples without children, will have positive social implications and so it’s necessary to adapt its rules to social requirements. In this study, the nature, conditions and effects of adoption in Iranian law were reviewed with a comparative looking at Islamic law as well as English law. Data analysis indicates that in Iranian law, following Islamic law, there is incomplete form of adoption and despite recent legislative progress and development, the effects of adoption are not sufficiently and effectively provided in the law, while the principles and Islamic teachings show capacities to strengthen the entity of adoption by considering social conditions and requirements. In English law, on the other hand, a complete adoption system is applied, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents. However, in recent rules, a kind of incomplete adoption under the name of special guardianship has been identified in the law of this country, which has provided a dual system for taking advantage of different approaches to adoption. Manuscript profile

Open Access Article

49 - legislative Criminal Policy in the Iranian Legal System on Child Rights Violations in the Field of Computer Games
Mohammad khorshidi athar

Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is ine More

Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is inevitable. On the one hand, entertaining children due to their strong interest in computer games, and on the other hand, the wide range of such games with large investments to develop computer games in the age group of children In addition to the unhealthy and harmful effects on this vulnerable group has raised many concerns for thinkers. In this study, the criminal policies of the Iranian legal system regarding the violation of children's rights in the context of computer games compared with international documents and from a critical point of view has been evaluated and by perusing the strengths and weaknesses of related laws, the need for comprehensive rules to protect the rights of the child against harming of computer games has been emphasized by formulating an effective differential criminal policy. Method: The method of discussion in this research is descriptive-analytical and the method of data gathering is library. Results: In Iran's legal system, a review of the laws related to the current criminal policy regarding the violation of children's rights in the field of creating, publishing and distributing computer games reveals gaps and defects. Conclusion: By examining the situation of children and their rights against computer games and studying the negative and inappropriate effects of this universal and effective technology on children it is possible to achieve a comprehensive support program containing differential criminal policies against child victimization through the use of computer games. A differential approach to substantive criminal law in the field of child safety in relation to computer games is the role that the legislature can play in protecting children and to prevent the abuse of the rights of this vulnerable group. Manuscript profile

Open Access Article

50 - Ethical Doctrines in Aristotle and Ibn Miskawayh Razi
Ali Mohammad Sajedi Hajar Darayitabar

Different schools of ethics have presented different doctrines in the field of ethics. Ethical doctrines include the premises, criteria, and referents of ethical acts. The differences between schools of ethics in their doctrines are rooted in their philosophical princip More

Different schools of ethics have presented different doctrines in the field of ethics. Ethical doctrines include the premises, criteria, and referents of ethical acts. The differences between schools of ethics in their doctrines are rooted in their philosophical principles. The ethical schools of both Ibn Miskawayh and Aristotle are virtualistic. Ibn Miskawayh believes that the most important prerequisites for ethical acts are self-knowledge, education, and training. Both thinkers explain the criteria for ethical acts relying on the principles of free will, intellect, moderation, and religious laws and analyze their referents based on elements of virtue, joy, friendship, etc. However, given the different worldviews of these two philosophers, their ideas of any of the ethical elements and referents are also different. Unlike Aristotle, Ibn Miskawayh attaches great importance to Islamic laws in relation to his ethical views. Moreover, he is able to provide a more successful model of ethical doctrines based on his monotheistic worldview. Influenced by religious teachings, he also believes that religious training plays an influential and efficient role in ethical growth and development. This paper is intended to explore ethical doctrines by comparing the ideas of these two philosophers. Manuscript profile

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51 - Qadi Kamal al-Din Hossein Ibn Mo‘in al-Din Meybodi: Life, Character, Views
Alireza Javanmardi Adib Maghsoud Mohammadi

Hossein Ibn Mo‘in al-Din Meybodi, nicknamed Kamal al-Din, known as Qadi, with Mantiqi as his pen-name, is one of the great figures and distinguished scientific, literary, and philosophical characters of the land of Iran. He was born in Meybod in Yazd Province in the nin More

Hossein Ibn Mo‘in al-Din Meybodi, nicknamed Kamal al-Din, known as Qadi, with Mantiqi as his pen-name, is one of the great figures and distinguished scientific, literary, and philosophical characters of the land of Iran. He was born in Meybod in Yazd Province in the ninth century (AH). After learning the common preliminary intellectual and transmitted sciences of his time, he went to Shiraz in his youth and became a student of Dawani. Meybodi is a Muslim philosopher, an advocate of Shafi‘i school of thought, and a man of Tawalla (loving the People of the Prophet’s House). His love of the Commander of the Faithful (a) and the Pure and Infallible Household is so profound that some have considered him to be a Shi‘ite scholar. During the reign of Sultan Y‘aqub Aq Qoyunlu, he was a judge and the custodian of endowments of Yazd and its suburbs. His most important works include Sharh-i hidayah al-hikmah, Sharh-i diwan mansub bi Amir al-mu’minin (a), and Munsha’at. During the reign of Shah Isma‘il Safavi, when Mohammad Karra (ruler of Abarqu) captured the city of Yazd, Meybodi became his minister and, between 909 and 911 AH, when Shah Isma‘il recaptured Yazd, he was murdered on the King’s order. Meybodi believed that Illuminationists and Sufis (gnostics) were superior to theologians and Peripatetics and considered Peripatetic philosophy, which is based on rational deduction and reasoning, an immensely uncertain and ambiguous school which exhausts the intellect in the process of perceiving its fundamental principles. Unlike Ibn Sina, Suhrawardi, and Ibn Arabi, he was not the founder of a specific school of philosophy. However, given his accurate criticisms, investigations, and particular views regarding topics which interested theologians, Peripatetics, gnostics, and Illuminationists in the mould of a number of independent and dependent (commentaries and glosses) works, as a connecting link, he managed not only to play a significant role in developing Islamic philosophy and bringing the different philosophical trends and schools of his time together, but also become a source of inspiration for Mulla Sadra in developing the Transcendent Philosophy. Manuscript profile

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52 - Order of Being and Ought-tos in the Book of Creation and the Book of Religion
Seyyed Mostafa Muhaqqiq Damad

The discussion regarding the problem of order in Islamic wisdom are classified under two titles: “book of creation” and “book of divine legislation/religion”. The book of creation explains and describes the necessary order dominating the world. The book of religion cont More

The discussion regarding the problem of order in Islamic wisdom are classified under two titles: “book of creation” and “book of divine legislation/religion”. The book of creation explains and describes the necessary order dominating the world. The book of religion contains the rules which have been devised to grant order to Man’s process of perfection. The major feature of the book of religion is that it has been developed based on the idea of Man as a free-willed being. Therefore, it contains a collection of recommended rules rather than obligatory laws. In the Transcendent Philosophy, these two types of order match each other. Mulla Sadra, himself, refers to them as “genetic” and “religious” affairs. Based on this view, we can say that, even with regard to human and social laws, the order intended by Mulla Sadra is of the type of real and objective, rather than mentally-posited, affairs. In the Transcendent Philosophy, obeying religious teachings is considered to be the right path leading to human perfection. This is the same as obeying the principles dominating the system of being or, in ‘Allamah Tabataba’i’s words, obeying fitrah or the primordial nature. This path and order are shared by all individuals and societies at all times and in all places and provide the possibility for happiness and living a social life for all human beings. Manuscript profile

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53 - Theorem of “Happiness and Salvation” in Ibn Sina’s View
Shamsollah Seraj Huda Habibimanesh

The problem of happiness and salvation is one of most important concerns of the human mind. Different religious and philosophical systems have tried to offer an appropriate solution to this problem on the basis of their particular worldviews. Ibn Sina is one of the thin More

The problem of happiness and salvation is one of most important concerns of the human mind. Different religious and philosophical systems have tried to offer an appropriate solution to this problem on the basis of their particular worldviews. Ibn Sina is one of the thinkers that holds an innovative view in this regard. In the present paper, the authors have tried to explain Ibn Sina’s view of salvation and its compatibility with the theories of salvation in theology. He believed that Man’s salvation relies on attaining virtues and avoiding vices, developing rational knowledge and perfection of rational faculty, uniting with immaterial things, and obeying the prophets and religious laws. He advocated maximum salvation and maintained that the majority of human beings are qualified to enter the heaven and be rescued from torture. Given Ibn Sina’s view, Islam is the supreme religion; however, the followers of other religions can also reach some levels of salvation based on their rational knowledge and purity of the soul. In this view, his view of salvation comes close to the theory of inclusivism. Nevertheless, unlike inclusivists, who limit the domain of Man’s salvation to religion, Ibn Sina has an extra-religious view and portrays three sides for salvation: intellect, ethics, and religion. Manuscript profile

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54 - Designing the solutions to the existing damage guild system law adopted in 1392 in Islamic Parliament of Iran to enhance its effectiveness
Mohsen Sarami Ebrahim Azizi

In this paper, the guild system law adopted in 1392 in Islamic Parliament of Iran discussed And difficulties in the way of its implementation and the lack of some legal provisions conflicts with other laws of the country were investigated. In this paper .Guild system la More

In this paper, the guild system law adopted in 1392 in Islamic Parliament of Iran discussed And difficulties in the way of its implementation and the lack of some legal provisions conflicts with other laws of the country were investigated. In this paper .Guild system law is pervasive And all people in the community have been directly and indirectly involved with it in their lives and Provides private sector services in an easily and regular manner. If this law has problems, it will harm people and cause harm and disorder in society. Therefore, the review and promotion of this law are indispensable. The research method of this paper is a combination of quantitative and qualitative methods and used of questionnaire and Delphi techniques in this paper. This paper examines 16 of the most important legal issues that have error and Has provided some suggestions for improving this provision. Manuscript profile

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55 - Explaining the legal framework of the constitution and the law of civil services management decisions N.J.I.I
Ebrahim Azizi

One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government More

One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government know what decision-making authority and support his decisions or materials which legal principles. Legal principles in documents for the implementation of decisions is better because these decisions will find strong support law enforcement aspects better. One of the challenges facing government managers, particularly managers not familiar with the law and legal mechanisms. Therefore, this article examines the legal principles and legal structure of decision analysis methods are discussed. Constitution and management of the civil service laws that assessed and eventually decide on the model law has been proposed. Manuscript profile

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56 - Extracting and Determining the Rate of Effect of Jurisprudential rules in designing the Electronic Communication System of the Industry and Universities in Iran
Hosein Aliahmadi Jeshfaghani

One of the biggest problems facing the country, separation industry, academic institutions, such as universities, as well. Not only can reduce the distance students find jobs related to your favorite specialty and help, but can help the industry find their required forc More

One of the biggest problems facing the country, separation industry, academic institutions, such as universities, as well. Not only can reduce the distance students find jobs related to your favorite specialty and help, but can help the industry find their required force. On the other hand, narrowing the gap between industry and academia to further reduce unemployment and reduce costs of post-employment training will increase further the morale of students. The university Research & Donitz can be more well-known challenges in industry and research Industry needs to do more easily than before. Also eliminate the distance factor that has facilitated the transfer of innovation from industry and university technology transfer between the two helps. No doubt to create a communication system between universities and industry to do any work must one of the most important factors required to start a business, knowing the rules, standards and criteria is available and associated with this business. There are a number of laws in the country in e-commerce to create these businesses should consider all existing laws on this business. These laws include Iran's trade, e-commerce law, legal rules and technical standards, and ... well. On the other hand, there are many obstacles in the relationship between industry and academia. By knowing the rules of barriers to upstream and discovered the limitations facing the development of website and communication system implements the basic standards of the industry we are most familiar Manuscript profile

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57 - Comparative Analysis of laws related to land Use in the Framework of Multilevel Climatic Governance (Case Study: Qazvin Urban Region)
mostafa momeni naser barakpour

Urbanization and climate change are two global phenomena and are inherently correlated. Land use, as one of the most important factors in this field, affects climate change in various ways. One way to manage this issue is to use multilevel climate governance, which prov More

Urbanization and climate change are two global phenomena and are inherently correlated. Land use, as one of the most important factors in this field, affects climate change in various ways. One way to manage this issue is to use multilevel climate governance, which provides a flexible conceptual framework for understanding the relationship between cities, regions, and national governments related to mitigation and adaptation strategies. The purpose of this study was to evaluate the laws related to land use according to the criteria of the governing by authority in the framework of multilevel climate governance in Qazvin urban region. In this study, the method of documentary research and the technique of systematic review of texts and in order to comply with the criteria of the governing by authority and legal materials in the laws and regulations, the comparative-analytical method has been used. In this way, 10 laws regarding the existence of legal articles were evaluated, in which local government officials have been given authority in the field of land use planning. The results of the study indicate that ther are different challenges such as the impact of policies and strategies of development documents on decisions, differences between decisions and upstream documents, differences in the type of reference review and licensing, legal gaps in related laws and inconsistencies in implementation in the field of land use planning in Qazvin urban region, and some decisions are based on less delegated authority at the local level, and the resulting actions are more vulnerable. Manuscript profile

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58 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
hoda paran mohammad ali pourmottaqi

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, su More

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation. Manuscript profile

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59 - Legal Study of Dynamic Pricing Strategy in Companies Providing Intelligent Transportation Services with Emphasis on Snapp Application
Mansour Amini Sadegh Sayyadi

10.61186/jstpi.33195.19.74.88

E-commerce means using electronic tools in the process of doing new business. This type of business, as a link between technologies and the business market, has created a stable market for the employment of different groups. Some modern businesses have developed new ele More

E-commerce means using electronic tools in the process of doing new business. This type of business, as a link between technologies and the business market, has created a stable market for the employment of different groups. Some modern businesses have developed new electronic tools that make them different from other businesses. Intelligent agents, which act as tools for technology-driven companies, are responsible for the dynamic pricing of their products and services. In this pricing model, which is often done completely without the intervention of human operators and automatically (intelligently), electronic tools price by analyzing various factors. The purpose of this study is to investigate the status and legal effects of this pricing model in companies providing intelligent transportation services. The present article has been done by analytical-descriptive and library methods. Dynamic pricing model has advantages and disadvantages compared to traditional model; Advantages: 1- Transparency in Costs Declaration, 2- Facilitates and Accelerates the provision of Transportation Services, 3- Reduces Costs. Disadvantages: 1- Absolute authority of the company in determining and paying costs to drivers, 2- Impossibility and unpredictability of monitoring the design and performance of applications of companies that use this pricing model, 3- Lack of appropriate and specific laws and regulations for possible violations. Based on the findings of this study, the existing regulations are not sufficient to address the challenges and possible violations in relation to the dynamic pricing model, and it is necessary to review and amend the regulations and formulate appropriate solutions in this regard. Manuscript profile

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60 - Obligations of the Adopter Couples towards the Adopted Child and the Enforcement of it in the Iranian Legal System with a Comparative Study in English Law
Marjan Arastooie

Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessa More

Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessary by regulating the obligations of guardians and enforcement of them. Obligations of guardians in Iranian law include transferring part of the property, the provision of child expenses, life insurance for the child and custody and good behavior and not to commit acts leading to disqualification, which in case of violation of each one according to the relevant rules will lead to the termination of the adoption, the change of the custody order and the compensation of the damages to the adopted child. In English law, on the other hand, there is a complete adoption system, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents, which reduces the distinction between the obligations of biological and non-biological guardians. But, in recent laws, a kind of incomplete adoption under the name of ‘Special Guardianship’ with specific obligations has also been identified in this country. In English law, due to the guardian's obligations, which include alimony, care and decision-making in the affairs of the adopted child, there is a guarantee of performances such as obliging and guiding the guardian to perform legal duties and the possibility of prosecution in case of child abuse. Also, according to the judicial procedure and the emphasis of the law on the principle of the material and spiritual well-being of the child, contrary to the rule, in very special and exceptional circumstances, formal adoption can be terminated. Manuscript profile

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61 - Laws of Nature as Strategies for Man’s Happiness
S. Mohammad Khamenei

The world and nature have been created relying on certain divine rules and principles. Based on the Divine Will and pre-ordination, there is a mutual relationship and interaction not only between all the components of the world of being but also between them and the who More

The world and nature have been created relying on certain divine rules and principles. Based on the Divine Will and pre-ordination, there is a mutual relationship and interaction not only between all the components of the world of being but also between them and the whole world of creation. As a member of this world, Man can both affect it and be affected by it. This process has been predestined based on the main law and principle of this world, that is, the commensurability of “being” and “good”. Where there is good, there is being (and vice versa), and where there is no good, there is evil or non-being (and vice versa). The only way of attaining true happiness for Man is living in harmony with the system of nature and its governing rules. The divine tradition or the laws of nature are such that any deviation from them will lead to evil, misery, loss, calamity, disease, etc. The world (macro-anthropo) reacts to the good and bad deeds of human beings (micro-anthropo). Sin, which means any disobedience to the Divine orders or transgression from the laws of creation and nature, results in human misery and cruelty and will be followed by Divine punishment and torture. This is the point at which God’s glorious names and attributes are manifested. Manuscript profile

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62 - Investigating the Effective Factors on Strengthening the Infrastructure of Information Systems in the Country's Organizations Based on Structural Equation Technique and AHP
Vahid Hajilo zahra moghimi

10.61186/jstpi.33486.19.74.35

Considering the increasing movement of the country's organizations towards the full benefit of information systems, it is very important to identify the factors affecting the strengthening of these systems to improve the quality of service delivery. Therefore, this rese More

Considering the increasing movement of the country's organizations towards the full benefit of information systems, it is very important to identify the factors affecting the strengthening of these systems to improve the quality of service delivery. Therefore, this research has been carried out with the aim of investigating the effective factors on strengthening the infrastructure of information systems. The current research is applied in terms of purpose and descriptive-exploratory in nature. The research community is the government organizations of the country, and 10 people were selected to form the expert panel from among the experts who have the qualifications. Among the employees, 250 people were selected as a statistical sample by simple random sampling. The research method is a combination of multi-criteria decision-making methods (hierarchical analysis process), structural equations and fuzzy inference system. After extracting the dimensions and factors from the literature and the background of the research, the ranking of the effective factors in the form of five dimensions and 15 components was done using the multi-criteria decision making method. The results showed that the legal infrastructure has established the highest correlation with the infrastructure of information systems. Also, among the dimensions, the technological infrastructure is the most important. The results of fuzzy inference also showed that the most favorable state for information subsystems is 0.698 according to the available facilities, and the optimal combination for this state is achieved when structural factors are 0.724, organizational factors are 0.58, governance factors are 0.569, social factors are 0.707, and educational factors are 0.468. Therefore, in order to strengthen the infrastructure of the country's information systems, it is suggested that the officials focus on strengthening and developing structures and supporting technological innovations in the first step. Manuscript profile

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63 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
Saleh Yamrali reza shahidi sadeghi

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an More

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. Manuscript profile

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64 - An Introduction to the Empowerment of the Judiciary in Citizen Participation in the Light of the Revival of Public Rights
Hossein Abdi Vali Rostami

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas More

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas of citizen participation and preventing future challenges, in addition to other tools, requires citizen participation. the condition living conditions in the city is the participation of citizens in the management of the city and its end is to guarantee the rights of citizens and regulate their role in the city. Research considers the participation component to be an important priority for city management. The judiciary, is compatible with the rights of citizens and the groundwork for their participation in the administration of cities, and is one of the requirements for good urban governance. This article deals with a legal issue, descriptively-analytically and meta-analytically, to analyze and pathology the possibility of fulfilling the mission subject to paragraph (2) of Article 156 of the Constitution (revival of public rights) in order to ensure citizens' rights Their trust in the institution of power and the basis for their participation in the administration of cities based on the index, the way of development and evolution of the judiciary of the Islamic Republic of Iran in the tradition of public law of contemporary Iran, and concludes that the fulfillment of this mission Based on the above index and in the existing governance paradigm, desire to refuse and in order to create the conditions for the possibility of reviving public rights , we need to renew the discourse and "change the paradigm". Manuscript profile

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65 - The effect of the bill in contracts in iranin law with comparatives the Shiite jurisprudence and Common law rights
mohammad reza habibi mehr rohangiz mohammadi moghanli

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of More

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill. Manuscript profile

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66 - A comparatives study of Unfair comptetion in iranin law with shiit jurisprudence and the paris convention
mohammad reza habibi mehr hamid samadifard

prudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected More

prudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected methods. In this case, it is a type of competition in which business competitors use equipment unfairly and compete for unfair titles. Unfortunately, there is no exact definition of the meaning of unfair competition, but in addition to unfair competition, which is discussed in private law, there is no definite way of defining public rights and economic rights, which they call competition law. In the law of instance such as offensive and discriminatory pricing, monopoly, similarity of name and trademark, as well as cases in the field of industrial property rights, we can mention the obstacles to fair competition, in other words, unfair competition. In Imamieh jurisprudence, with its rich resources, it is prohibited to disor-derly competition, among which, in addition to many verses and narratives, it is possible to mention cases such as hoarding, reckoning, and the rule of lawlessness. Given the above, it is clear that the law defends a fair competition and request to reform the com-petitive relationship between individuals, which, assuming this important, can be seen as a Justice-centered economy. In this study, to clarify the nature of Fair competition , con-cept and examples of unfair competition, and to better understand the unfair competition law, compare it with some of the relevant institutions in the Paris Convention and other conventions. Manuscript profile

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67 - study the principles and foundations of competition law based on the legal laws of the Islamic Republic of Iran
mohammad saeeid shafiei hamid samadifard shirin shafiei

Manuscript profile

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68 - Exploration of Philosophical Foundations of Preservation of Law and its Educational Implications in viewpoints of Plato and Kant

The paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deducti More

The paper attempts to answer two questions based on the thoughts of Plato and Kant concerning the issue of law preservation. The first question refers to the foundation of law obedience and the second one concerns the educational implication of it. The method of deduction is used in this study and in order to find the similarities and differences of the two philosophers' views the method of comparative analysis is used. Both philosophers define law preservation as the absolute obedience of law. The two aims of law preservation include: a) obedience of law in practice and b) scholarly discussion for the reformation of law. The two philosophers agree on three principles: awareness of law contents, awareness of necessity of law obedience, and the critical view to the laws and their contents. In addition, Plato holds two other principles: respecting the law and the absolute priority of law obedience and Kant holds the principle of reflection and discussion. Educational methods based on these principles are: explanation of legislation necessity in curriculum, presentation of practical models on obedience of educational rules, performing open sessions for discussion and reforming school and class rules and regulations based on the above-mentioned principles. Manuscript profile

Open Access Article

69 - A Comparative Study of the Tourism Laws’ Hierarchy and Regulations in Iran and Other Countries
Ozra Azizi Ali Asghar Shalbafian aboutaleb ghasemi

10.61186/journalitor.36176.11.23.83

Laws and regulations are among the most important executive and monitoring tools that help governments fulfill their role in setting tourism development policies, and assessing, controlling, and regulating the relations among tourism stakeholders. Therefore, this study More

Laws and regulations are among the most important executive and monitoring tools that help governments fulfill their role in setting tourism development policies, and assessing, controlling, and regulating the relations among tourism stakeholders. Therefore, this study sought to examine the structure and titles of tourism laws in China, France, Malaysia, and Turkey and compare them with the relevant laws and regulations exercised in Iran to identify the status of the key issues in the respective hierarchical system of those countries' laws and regulations. To this end, the study followed the comparative law methodology to analyze the content of the laws and regulations mentioned above using a text-based approach. According to the findings of the study, many of the issues that are turned into law in the countries investigated in the current study occupy a lower position in the hierarchy of Iran’s Tourism Laws and Regulations System, being referred to in terms of either by-laws or executive instructions. Moreover, some issues have not been addressed at any level. Therefore, it can be argued that compared to the countries studied in this research, Iran’s tourism sector does not enjoy a proper status in Iran’s legal system. In other words, the current laws and regulations enforced in Iran lack many key tourism-related issues that could help regulate the relations between various relevant stakeholders, prevent unnecessary interventions by different bodies and organizations, reduce the number of lawsuits among the suppliers of tourism services and tourists, or help coordinate the relevant actors in achieving the intended goals. Therefore, the tourism sector needs a centralized, transparent, and comprehensive law. Manuscript profile

Open Access Article

70 - Necessity of Social Life and Man’s Need to Religion in Mullā Ṣadrā and Ibn Miskawayh
Naser Mohamadi Gholamhossen Khedri Khalil Mollajavadi

The present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human More

The present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human needs warrants the existence of law and Shar‘ as well as an individual as a prophet. Following a philosophical approach, he explains that the concept of human species is realized in their “collective identity” outside their mind and in their social schematism. Ibn Miskawayh’s standpoint, which is worth more deliberation and is perhaps unique, indicates that man’s main need for collective life is due to the necessity of responding to their intrinsic need for mutual “love and affection”, while he refers to satisfying material needs at a later level. In his view, love provides the basis for life and formation of human collective society. Mullā Ṣadrā’s view enjoys a rational and philosophical essence, whereas Ibn Miskawayh’s explanation is merely based on the presence of love and affection among human beings. However, both thinkers acknowledge that the revealed religious theorems can respond to all human worldly and other-worldly needs. Nevertheless, none of them directly and clearly emphasizes the necessity of the purification of the soul for the prophet and the divine perfect Man. Manuscript profile

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71 - A Critical Study of Empiricists’ Theories of Natural Law in Modern Period
Mohammad Hosein Talebi

The doctrine of “natural law” is one of the oldest and most famous and efficient subjects of practical wisdom in Western philosophy. This theorem is employed in various fields of human sciences such as philosophy, anthropology, ethics, law, political science, education, More

The doctrine of “natural law” is one of the oldest and most famous and efficient subjects of practical wisdom in Western philosophy. This theorem is employed in various fields of human sciences such as philosophy, anthropology, ethics, law, political science, education, and sociology. Unlike Muslim philosophers, Western thinkers have provided several theories about this doctrine. According to their most famous interpretation, natural law is a system of law based on the orders of practical wisdom regarding the behaviors of human beings in order to attain happiness. The purpose of this study is to investigate modern empiricists’ philosophy concerning the natural law and explain the defects of their views following a rational and critical approach and based on philosophical arguments. The interpretation of the thinkers of the modern period (17th and 18th centuries), such as Thomas Hobbes and John Lock, of the rational doctrine of the natural law is an empiricist one. According to this interpretation, since the spirit of positivism dominated the thoughts of empiricists, the immateriality of the human soul was generally unacceptable to them. They only observed the human nature in order to explain the natural law and did not go beyond the satisfaction of human natural and material desires. They neglected the social interests of human being while the natural law always reinforces the orders of practical intellect for the development and progress of the humankind in all material and spiritual, personal and communal, and social affairs. The outcome of their approach to the natural law only directs people towards moral and material joys and delights and closes their eyes to everything that pertains to their everlasting and spiritual life in the hereafter. Therefore, the right to life and freedom, which is one of the concomitants of the natural law in the empiricism of modern Western civilization, mainly targets only material life and freedom. This approach results in ignoring a large part of the world of reality, that is, metaphysical affairs. This philosophy paved the context for the vast dominance of positivism over all aspects of human life in the 19th century and granted an empirical nature to all sciences. As a result, rational discussions, particularly those in relation to the natural law remained dormant for more than a whole century. Manuscript profile

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72 - Theoretical Foundations of Sociology from Viewpoint of Quran
Mohsen Sadeghi amini Seyed abdolvahab Taleghani zahra faghih imani

The relationship between Islam and humanities is a fundamental issue, discussed by scholars under the general theme of the Islamisation of Knowledge, especially after the Islamic Revolution of Iran. In order to comment on Islam’s point of view about sociology and possi More

The relationship between Islam and humanities is a fundamental issue, discussed by scholars under the general theme of the Islamisation of Knowledge, especially after the Islamic Revolution of Iran. In order to comment on Islam’s point of view about sociology and possibility of Islamisation of the field, however, it is necessary to first explain the ontology of the society from Islam’s viewpoint and then to assess the feasibility of codification of scientific propositions based on the viewpoint of this religion about society. Through a documentary method, this research tries to present the viewpoint of Islam about society and its law-governedness by studying the basic religious texts such as Quran and Hadith (i.e. Tradition). It will be seen that there are four groups of verses implying a law-governed society, among which the first group includes nineteen sets of verses that directly signify law-governed society. Manuscript profile

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73 - electronic commerce derivations in Islamic Law; with reference to the Quran and Sonna
پرویز باقری

Objective(s): Using new technologies in the field of commerce especially by means of the Internet has made a new kind of conducting business namely electronic commerce (e-commerce). Many Muslims are wondering whether this new form of commerce is applicable in Islamic co More

Objective(s): Using new technologies in the field of commerce especially by means of the Internet has made a new kind of conducting business namely electronic commerce (e-commerce). Many Muslims are wondering whether this new form of commerce is applicable in Islamic commercial law. The objective of the paper is to find the legality and acceptability of e-commerce law in Islamic law. Although Islamic law does not contain all the word for word provisions governing the commercial conducts but the Islamic doctrine under circumstances has let conducting business in any type whether electronic or physical. Method: The research method will be legal context analysis and library study. At the meantime descriptive-analytical method is applied considering the historical guidelines. Result: The researcher tries to scrutinize issues on the legality of e-commerce in Islam by the use of the Quran and Sunnah (Hadith) to expose to Muslims throughout the world that they can benefit from this new technology. Conclusion: The paper is going to discuss about the way in which the Muslims should conduct themselves vis a vis their fellow human beings, especially in the context of e-commerce or business. Manuscript profile

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74 - Supporting Privacy of Individuals in View of Verses of Quran and Hadiths
سجاد شهباز قهفرخی

Abstract The right to privacy is one of the most respected rights in all societies and Islamic teachings also emphasize it. Privacy is the state of being free from being observed, or one that the individual does not like to be revealed to others. People do not tolera More

Abstract The right to privacy is one of the most respected rights in all societies and Islamic teachings also emphasize it. Privacy is the state of being free from being observed, or one that the individual does not like to be revealed to others. People do not tolerate others entering their private space and react to it. The existence of teachings in Islam like the need for respecting others’ inherent dignity, the necessity of keeping a secret, respect for others’ self-esteem on the one hand and the emphasis in verses and Hadiths on the unlawfulness of inquisitiveness in other people’s private life indicate the important position of the right of privacy in Islam’s legal system. In this research, conducted in descriptive-analytical method, the concept of privacy is clarified and its status in verses of the Quran and Hadiths (narrations from the infallibles (AS)) is investigated. Manuscript profile

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75 - A comparative study of offenses against judicial justice from the viewpoint of Quran and Iranian criminal law
فتح الله نجارزادگان

Objective (s): Judicial Justice is an important branch of social justice the implementation of which has been regarded in Quranic teachings as one of the main objectives of the mission of prophets of God. Judicial justice means upholding the law and respecting the right More

Objective (s): Judicial Justice is an important branch of social justice the implementation of which has been regarded in Quranic teachings as one of the main objectives of the mission of prophets of God. Judicial justice means upholding the law and respecting the rights of those being judged while judging them Obviously, any action which hinders implementation of justice is considered as offense against judicial justice. There are numerous verses in the Quran which emphasize implementation of judicial justice and clearly prohibit any actions that hamper it. In Iranian Law, however, such offenses have been broadly defined and there is no unified and cohesive policy about them. This research examines the concept of offence against judicial justice, determines the examples of such offenses in view of the Quran and Iranian criminal law, and finally evaluates the approach of lawmakers with regards to such offenses. Method: A descriptive-analytic method has been used in this study through directly referring to sources in libraries and reliable websites as well as conducting interviews with professors of law and Fiqh (Jurisprudence) Conclusion: Judicial justice is an important branch of social justice means upholding the law and respecting the rights of those being judged while judging them. There are numerous verses in the Quran that emphasize the need for implementing judicial justice and prohibit any actions that hamper it. Accordingly, Iran’s criminal law has predicted relatively strict punishments for those committing such offenses. Manuscript profile

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76 - Bibliography of Quran and Law Interdisciplinary Studies
hamid Maghrebi majid nabavi elham seifi

With the growing level of scientific and scholarly studies, it is becoming more difficult for researcher to gain a comprehensive recognition of scientific sources. So far there has not been complete information about scientific sources and, sometimes, researchers studyi More

With the growing level of scientific and scholarly studies, it is becoming more difficult for researcher to gain a comprehensive recognition of scientific sources. So far there has not been complete information about scientific sources and, sometimes, researchers studying in the field of Quran and law find it difficult to learn about sources. This study is a library research seeking to introduce sources of interdisciplinary studies on Quran and law. It first seeks to introduce printed sources in the field of Quran and law, which will lead to new and complete writings by researchers in the field. This will help researchers identify the sources and subjects covered and recognize research gaps, which will provide grounds for planning to remove flaws and fill the gaps. Also, a research proposal titled “Descriptive Bibliography of Quran and law” has been presented at the end of the paper the realization of which is another objective of this writing. In the second phase, the purpose and problem of the research has been determining the number of writings in the said field. A total of 428 sources (227 in Persian and 151 in Arabic) about Quran and law are introduced in this writing. Surely, knowing the sources helps prevent duplication and conducting repetitive researches and enrich future studies and writings. Manuscript profile

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77 - Legal-Ethical Critique of the Stockholm School Theory in the Treatment of COVID-19 pandemic
Naser Ghasemi amir abbas rokni

Providing theoretical resources for the emergency policies of governments in the face of unexpected crises is one of the most important tasks of the scientific community of any country. Fighting the COVID-19 epidemic crisis as a comprehensive threat to the international More

Providing theoretical resources for the emergency policies of governments in the face of unexpected crises is one of the most important tasks of the scientific community of any country. Fighting the COVID-19 epidemic crisis as a comprehensive threat to the international community has led many governments to change their health care policies by being surprised by the severity of the disease. In this regard, the philosophers of the Stockholm School of Ethics have tried to help the Swedish healthcare system control and manage the epidemic of COVID-19. How to interpret and determine the biological age of patients according to the epidemic emergency is one of the most notable parts of this theory. Accordingly, by determining the actual age difference from the biological of each patient, it is possible to determine the probability of survival after treatment and his life expectancy. The Stockholm School of Philosophy suggests that if you have to decide between helping patients with the same probability of survival who have different life expectancies, the priority should be to help a patient who is younger biologically. The present study, in a descriptive-analytical manner, examines and critiques this legal-ethical theory and will explain the consequences and effects of adopting such policies on the social system. Manuscript profile

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78 - Comparative Study of UNSC’s Performance vis-à-vis Developments in Libya, Yemen and Bahrain (2011-12) from Viewpoint of International Law
رضا موسی‌زاده رضا رنجبر

M.A in Diplomacy and International Organizations, Majoring in International Law, Faculty of International Relations; Ministry of Foreign Affairs Recent developments in Arab countries started in December 2010 with popular protests by Tunisian people against the country’ More

M.A in Diplomacy and International Organizations, Majoring in International Law, Faculty of International Relations; Ministry of Foreign Affairs Recent developments in Arab countries started in December 2010 with popular protests by Tunisian people against the country’s dictatorship and soon spread to other countries like Egypt, Libya, Yemen, Bahrain, Syria, Jordan, Morocco, and Saudi Arabia. In Egypt, Libya and Yemen, they overthrew dictators in those countries. In other countries like Bahrain and Syria, the conflicts are still going on. This phenomenon can be viewed from various political, social and legal aspects. The present research aims to study measures taken by the United Nations Security Council vis-à-vis developments in Libya, Yemen and Bahrain from a legal standpoint. The researchers believe that the Security Council has adopted double standards in its treatment of those countries in line with the interests of big powers. This issue will become clearer through comparative study of the world body’s performance with regard to developments in those countries. Manuscript profile

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79 - Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
حسین شریفی طرازکوهی ساسان مدرس سبزواری

The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of More

The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation. Manuscript profile

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80 - The United States of America and the International Criminal Court in Barack Obama Period: An Abstention or a Possibility
رضا موسی‌زاده Hadi Golriz

The relationship between the United States and the International Criminal Court is a combination of confrontation and tension in various aspects, including legal considerations, political, national and security concerns and strategic interests. The existing tensions in More

The relationship between the United States and the International Criminal Court is a combination of confrontation and tension in various aspects, including legal considerations, political, national and security concerns and strategic interests. The existing tensions in relationship with the International Criminal Court have accentuated at some points and the United States has actively challenged the Court's existence. However, the challenges didn’t last for a long time, and at the end of George W. Bush’s presidency– recognizing the inherent values and potentialities of creating an International Criminal Court and the necessity to keep it– confrontations and tensions faded in favor of a constructive interaction. In the years which passed– especially during the administration of Barack Obama– the attitudes and the positions of the US towards the International Criminal Court have experienced a fundamental and comprehensive change and the United States is trying to compensate for the past measures, and to increase the interactions and cooperation with the International Criminal Court and to recognize its existence and capacity as an important international judicial institution in prosecuting the international violent crimes and to restart the relations with the International Criminal Court. Manuscript profile

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81 - Change in Environmental Security in the Post-Cold War International Law
Seyed Abdolali ghavam Seyedeh Massoumeh Mostafavi

Today, environment as a bedrock for human prosperity, is considered one of the most important concerns for the international society and gradually has gained importance in the framework of security issues. Environmental international law is one of the emerging branche More

Today, environment as a bedrock for human prosperity, is considered one of the most important concerns for the international society and gradually has gained importance in the framework of security issues. Environmental international law is one of the emerging branches of international law system which has been built upon soft law, that is a kind of law created based on declarations, manifestations, executive principles, etc, which lacks any firm legal sanctions. This article studies the commitments of contracting states sharing in light of changer in agricultural and environmental international law system along these lines, the most important agreements and international conferences regarding environmental security in the post-cold war era, including convention on Biological Diversity (Rio 1992), Protocol on Biological Security (Nairobi 2000s), the United Nations Framework Convention on Climate Change (New York 1992) and Stockholm Convention on Persistent Organic Pollutants (Stockholm 2001) have been examined. The findings show that in spite of the spectacular development of international law regarding the protection of environment in recent decades, the environmental damage’s compensation international law Manuscript profile

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82 - A Comparative Study of Iran's Social Security Law in the Field of Women's Rights with the Documents of International Labour Organization
Fatemeh Sarreshteh Izadmouoa

Governments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social More

Governments have always paid attention to international rules and documents and try to incorporate them as much as possible in their domestic laws and policies. Along these lines, this article tries to study working women's rights from the viewpoint of the Iran's Social Security Law in comparison with the International Labor Organization's documents. The key question of this article is that "to what extent Iranian laws, especially its social security law regarding women, are compatible with International Labor Organization's documents?" To answer this question, the authors indicate that "in article 20 of the I.R. Iran's Constitution, women enjoy all human rights, specifically the right to social security on equal terms with men in compliance with Islamic criteria. In public law as well as in social security law, gender has no place and its subject is every individual as a human being. The findings of this research show that social security law being influenced by the constitutional and civil laws in some social security services is consistent with International Labor Organization's documents and in some other, is incompatible with them. Manuscript profile

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83 - The Role of Strategic Language in the Interpretation of International Legal Texts and instruments
Ali Mashhadi Seyed Mohammad Hoosein Mirzadeh

Nowadays, strategic using of language in the interpretation of texts and instruments in international law has been examined by the scholars of interdisciplinary studies. Along these lines, we can consider the usefulness of cognitive - pragmatic framing in studying legal More

Nowadays, strategic using of language in the interpretation of texts and instruments in international law has been examined by the scholars of interdisciplinary studies. Along these lines, we can consider the usefulness of cognitive - pragmatic framing in studying legal interpretation. In cognitive framing, the question is that whether there is any relationship between strategic studies and international law texts. This article while examining this question claims that cognitive framing and strategic use of language have to do with how documents in international law are interpreted. For instance, the term “liberalization” stands for “military intervention” or "border wall" is used instead of "security fence". The strategic use of language shows that states are able to imply positive or negative framings to the minds of their audience and influence the interpretation of international legal texts and instruments. Manuscript profile

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84 - Assessing and evaluating the level of awareness of Chabahar citizens about urban rights and laws
Shah Bakhsh Raisi Maryam Karimian Bostani Safoura Abkhesht Sima Firoozi Rad Afsaneh Pourian

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society consider More

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society considers for them. Urban laws and regulations can be considered as one of the most important connection points between urban management and citizens. In other words, the actors, the main elements of urban management in the light of urban laws and regulations, while defining the role for themselves and other members, can involve citizens in managing affairs. In this study, the aim is to identify the level of awareness of the residents of Chabahar city about the rights and laws of the city. Based on the research data, the level of this awareness among the residents of the city was described. The research method is descriptive-analytical. The statistical sample size was estimated to be 382 using the Cochran's formula. Out of 382 distributed questionnaires, 82 questionnaires were excluded due to distorted information and analysis was performed on 300 questionnaires. The field data collection tool was a researcher-made questionnaire that was designed in 21 items. The reliability of the questionnaire was measured by calculating Cronbach's alpha and calculating the combined reliability coefficient (cr). Manuscript profile

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85 - Hermeneutics is the beginning of a crime in Iranian criminal law
Hassan Mohammadi Nevisi

Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and ar More

Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and art texts, it can be particularly useful in the field of law, which is tied to social order, and in particular to judgment, and paves the way. And to unambiguously put readers at the forefront of the judiciary and to prevent the dissolution of judicial opinions. In this article, the author has attempted to give a clear picture of this criminal law entity and to explain the law-based methodology for a unified understanding of the concept, regardless of the legislative history and theoretical discussions surrounding the issue. To be clear, the author of this article has achieved his goal if the readers of the article at the end of their study have all come to a single inference of the concept of "Attempt". Manuscript profile

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86 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeni

10.61186/ahrar.38611.2.4.68

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

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87 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi Masouleh

10.61186/ahrar.38615.2.4.102

One 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 More

One 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

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88 - The Rights of Children with Disabilities in Iran: An Analysis of Determining Areas
Maryam Sha’ban

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Met More

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Method: The research approach is qualitative and the research method is exploratory and documentary analysis. After identifying the documents related to the subject and issue of the research, they have been studied, analyzed and reviewed. Results: The results of the research show that at the international level and the Islamic Covenant on the Rights of the Child and in the internal laws and regulations of the Iranian society, the society and the political power structure are responsible for formulating and implementing protective policies for disabled children and these policies are also aimed at reducing harm, rehabilitating and Treatment of the disabled. In fact, they are considered a "posteriori strategy" towards the disabled. But in the religion of Islam, centered on Shiism as the dominant religion in Iran, dealing with the child is about potentially being a child, not actually being a child; This means that the children of future generations are considered and "foreseeable" in the current generation. It is as if the scope of childhood includes history and generations and is a "transhistorical" and “trans-generational" issue. Islam has emphasized on the "future and posterity" and respecting the potential rights of the next generations and has a "preventive" approach. Conclusion: The dominant strategy of the teachings of Islam in relation to children with disabilities can be inferred as "a priori and a posteriori strategy". In addition to the governing authority, community activists are responsible for the realization of plans related to this strategy for disabled children. Manuscript profile

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89 - Examining the moral requirements and observing the citizen's rights of the accused during the arrest phase
Abbas Gohari Abbas Tadayon Abdoljabar Zar Goshi Nasab

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the More

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the Muslim has a moral worldview. The religion of Islam places great emphasis on the good morals of Muslims. Citizenship rights are of special importance to Islam and for this reason, the Prophet of Islam explains the issues of citizenship rights to Muslims such as avoiding inquisition, respecting women's rights, treating all people fairly, respecting property rights and social security, etc. Prophet of Islam in his personal behavior was committed to these issues so that Muslims could follow suit and be encouraged to respect the citizenship rights of individuals. Accordingly the system of the Islamic Republic of Iran, following the example of the approach of the Prophet of Islam and the eight-article command of Imam Khomeini who was the founder of the Islamic Revolution in Iran, pays special attention to citizenship rights. The Islamic Consultative parliament of Iran, in order to respect legitimate freedoms and protect civil rights, passed a law related to it in 2004. The A.D.K law which was approved by the Iranian parliament in 2013, also explicitly emphasizes the observance of citizenship rights in 7 articles and in the general section. Therefore in this article, in addition to defining issues such as ethics, citizenship ethics, human relations based on ethics and the concept of citizen, we also examine the issue of citizenship rights of the accused. Manuscript profile

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90 - Critical Study of Western Rationalists' Natural Law Theories in Modern Period
Mohammad Hossein Talebi

Natural law is the commands of intellect about free human behaviours to arrive at eternal happiness. After Medieval and Renaissance periods, Modern epoch lasted three centuries before the start of Postmodern period. The most important symbol of the period was the attent More

Natural law is the commands of intellect about free human behaviours to arrive at eternal happiness. After Medieval and Renaissance periods, Modern epoch lasted three centuries before the start of Postmodern period. The most important symbol of the period was the attention to the status of the human being and putting him/her in the centre of scientific and philosophical thoughts (humanism). In Modern period, the teaching of natural law was under two incompatible conceptions: empiricism and rationalism. This article is a critical study of rationalists' theories of natural law in Modern period, particularly Enlightenment epoch. The question, which this essay will response, is: what are the deficiencies of rationalists' theories of natural law in Modern period? To answer this question, the thoughts of three rationalists, who wrote more than others about natural law in Modern period, namely Montesquieu, Rousseau and Kant, will be analysed in three independent chapters. Montesquieu summarised natural law in four laws: desire to peace, to nourishment, to sexuality and to social inclination. The most important deficiency of Montesquieu's theory is that he interpreted the law of nature instead of natural law. Rousseau restricted natural law into the laws of material nature of humans. He disregarded the intellect of human beings and reduced human level to animal one. Kant did not succeed in identifying natural law cases and he only referred to some general characteristics of natural law. The research method in this article is a synthetic one, which is traditional – intellectual – critical. Manuscript profile

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91 - Explaining the moral and legal realm of financial rights and property of couples after divorce in Iranian and French law
Abolhasan Pahlevani Saleh Yamerli ali ajbar esmaeile

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source o More

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source of legislative policy of each country in the legislation. Hence, the financial rights and assets of the couple are formed in the direction of morality. The financial rights of couples, in their broad dimensions, include rights such as dowry, halving property, alimony, retribution, etc., each of which is applied in laws such as civil law and family protection law with a special regulation, he's got a special place. In French law, this type of law is also examined under the rules and jurisprudence. In Iranian law, according to Article 1102 of the Civil Code, by concluding a marriage contract, the rights and obligations of the couple, including the financial rights of the husband, are established against the wife, and as a result, after the dissolution of the marriage and separation, The husband is to pay alimony, to be aborted, because one of the principles and means of obligation is marriage. This issue is different in Iranian law regarding the demand for dowry and halving of property and retribution, etc., and these rights can also be demanded by terminating or dissolving the marriage contract. In French law, rights such as claiming alimony can be claimed by the wife in different circumstances, and this issue is mentioned in Articles 212, 270 and 301 of the French Civil Code, and in some respects, the division of property in this country has rules and regulations. It is special. Therefore, the purpose of writing this article is to examine the legal and moral status of financial rights and assets of couples after divorce in the law of Iran and France, which has been studied according to the library method, and as a result it can be said that financial rights and In some cases, the property of the couple has been considered in Iranian and French law and has a suitable position, and ethics has been considered as the basis of the legislative policy of these lawsuits in the judicial procedure. Manuscript profile

Open Access Article

92 - Criminal motive, interaction between ethics and criminal law
Mojtaba Malek Afzali Ardakani mohamadali mahdavi sabet Firouz Mahmudi Janki

The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the va More

The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the value of the verb depends on the intention of the subject. Intention, like motive, gives power to the subject and manages the direction of his behavior to reach the goal. In this way, the motive to commit a crime can be considered as an interaction between ethics and criminal law. The legislator's approach to motive has not been without controversy and challenge; Opponents and supporters have always criticized this approach under the banner of "protecting ethics. The possibility of committing a crime with moral motives on the one hand and criticizing the views of the opponents and supporters of criminal law's attention to motive is the subject of this article. The result of the research is the conditional preference of the opinion of the supporters; Criminal law must be "verb-oriented" in the execution of the crime and, except in the case of necessity, the moral or immoral motive of the perpetrator should not be given a role, but in the determination of punishments - which is entrusted to the ruler of the Islamic society - to choose the most appropriate punishment within the scope of his powers, considering the various dimensions of the criminal's personality and including his motive. Manuscript profile

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93 - The position of legal rules in international environmental law
mahnaz farajpoor

The increasing growth of environmental pollution and destruction and the formation of successive environmental crises caused governments to seriously think of a solution almost four decades ago, based on this, international environmental law as one of the branches of in More

The increasing growth of environmental pollution and destruction and the formation of successive environmental crises caused governments to seriously think of a solution almost four decades ago, based on this, international environmental law as one of the branches of international law. Public was formed by the international community through the establishment and implementation of binding and non-binding legal rules and in recent decades it has developed in terms of content, form and structure considering that the importance and fundamental role of the environment in human life and development is undeniable. Therefore, the basis of the global decision to protect the environment became concrete with the formation of the first United Nations World Conference on Man and the Environment named "Stockholm Convention" in Sweden in 1972, so that the human right to enjoy a healthy environment is equal to Human rights were recognized. Based on this, in the present study, we intend to answer this basic question by using the analytical descriptive method with the help of library tools, what is the position of legal rules and especially customs in international environmental law? The research hypothesis states that customs had an important impact on the formation of rules and agreements resulting from international environmental law. Manuscript profile

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94 - A Critical Study of Western Rationalists’ Theories of Natural Law in the Modern Period (Montesquieu, Rousseau, and Kant)
Mohammad Hossein Talebi

Among the various interpretations of natural law, the most favorite of them states that it refers to the orders of practical intellect regarding Man’s voluntary behaviors in all places and at all times that lead to permanent happiness if obeyed by human beings. The theo More

Among the various interpretations of natural law, the most favorite of them states that it refers to the orders of practical intellect regarding Man’s voluntary behaviors in all places and at all times that lead to permanent happiness if obeyed by human beings. The theory of natural law in the modern period has received two opposing empirical and rationalist interpretations. By reason, modern rationalism means calculating reason, which is viewed as a tool for attaining material and immaterial (moral) wishes. Montesquieu, Rousseau, and Kant were three rationalist philosophers of the Age of Enlightenment who discussed and theorized about natural law. In this paper, after a brief account of their theories on natural law, the author evaluates them one by one. In the first section, the author argues that Montesquieu, by posing a self-made myth, states that following natural desire leads Man to happiness. This act of following in his view implies natural law. The most important criticism of Montesquieu’s theory is that he has confused the natural law with the law of nature. In the second section, the author argues that, unlike Montesquieu, Rousseau believes that natural law is not based on the reason but, rather, on human instincts and feelings. The basic problem of this theory is his material approach to human nature, which lowers Man to the level of animals. Finally, the third section presents a critical investigation of Kant’s natural law. In his view, natural law is different from the law of nature. Kant believes that natural law enjoys two characteristics: universality and intrinsicness. However, he has not referred to any of the applications of natural law and has failed in providing a complete explanation of this theory. This failure is rooted in the epistemological system of Kant’s philosophy, based on which the practical wisdom and its orders (or the same natural law) must be deemed unfounded and unreliable. Kant maintains that the issues related to immaterial and even material substances are polemic rather than demonstrative in nature. Similar to other critical studies, the present study was conducted following a mixed narrative-intellectual method. Accordingly, the views of the three rationalist philosophers of the modern period are initially explained and then examined and evaluated based on rational arguments and reasoning. Manuscript profile

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95 - Apparent Representation And Its Effects In Iran's Jurisprudential Legal System And Common Law
Ebadollah Rostami Chalkasari Ali Jamalzadeh

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowl More

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowledge the representation, while there is no representative relationship between them in the way that is usually expected. Therefore, the first person cannot deny the representation. In Imami jurisprudence, the special word "apparent representation" has not attracted the attention of jurists and there are no rulings around it, but this does not indicate the absence of a similar opinion and its inadmissibility in Imami jurisprudence. The purpose of the research is to compare this theory and its works with similar institutions in Imami jurisprudence. It is thought that the mentioned theory is sometimes effective in facilitating legal practices, so according to the scope of jurisprudence, comparative research in this regard may be effective in Islamic business. In this research, it is expected that the effects of apparent representation and its similar institutions are different in nature, but there is no significant conflict between them. The research method is searching and collecting sources (books, articles,...) and taking notes from them. Manuscript profile

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96 - Trademark Distinctiveness And Strong And Weak Distinguishing Marks
Mehrdad Ghani Alireza Mohammad Beyki

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not ha More

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not harm the distinctiveness of the trademark, They have not adopted a common approach, so that by delving into the judicial procedure and doctrine of different countries, It is possible to separate the symptoms into weak and strong according to their degree of differentiation, and accordingly different legal protection of trademarks, depending on which of the above categories it is mentioned. The decision of the Federal Court of Switzerland in 2000 and the Benelux Court of Justice, which was later repeatedly upheld by the courts, Doctrine and Administration of Internal Market Harmonization of the European Union is included, It has not had any effect on the jurisprudence of Iran's courts, even if indirectly, And the trace of this separation is evident in the recent decisions of the appeals courts in the field of trademarks. Manuscript profile

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97 - A Critique On The Shortcomings Of The Law On Landlord And Tenant Relations in 1997
Amirreza Mahmoudi Mostafa Abbasi Seyedeh Mahshid Miri Balajurshri

The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premi More

The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premises has been complicated twice. There is something called head lock and a phenomenon called the right to trade and trade in the relationship between the lessor and the lessee of the place of business, which increases the depth of the differences between the two. The principle in the lease contract is that the tenant vacates the premises at the end of the lease term and hands it over to the lessor. But it has never been so simple. Governments have always had to play the role of "regulator" and "arbiter" between these two. Anyway, the policies of the governments in this field started from the policy of limiting the rights of the owners and gradually it has been oriented towards the liberalization of relations and compliance with the free market economy. Manuscript profile

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98 - On The General Rules Of Contracts In The Legal System Of Iran And France
Ali Jamalzadeh Behnam Ghanbar pour

Electronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What i More

Electronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What is the basis of the guarantees of contract performance when the parties do not even know each other? How have the civil law of Iran and France defined the rules surrounding these contracts? These types of contracts are covered by the general rules of contracts, which follow the laws related to electronic commerce and civil law. However, how these contracts comply with general rules in different countries may have differences. In particular, there are various rules regarding the obligations arising from electronic contracts, which we have tried to discuss in this article about their dimensions in Iranian and French law. Our method in this article is based on the method of library study and is done in a descriptive-analytical way. Manuscript profile

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99 - Economic Analysis Of The Government's Economic Sovereignty In International Law
Arash Malki Seyyedeh Maryam Asadinejad

Sovereignty is the legal authority of the government in international relations, and one of the forms of governance of governments is economic sovereignty. The economic sovereignty of the government has been defined as the supreme authority of the government in the econ More

Sovereignty is the legal authority of the government in international relations, and one of the forms of governance of governments is economic sovereignty. The economic sovereignty of the government has been defined as the supreme authority of the government in the economic will in the international arena. Among the sources of international law, five international documents have tried to explain the negative and positive aspects of the government's economic sovereignty in the international field. In order to measure the efficiency of the economic governance model, this article has undertaken the economic analysis of the government's economic governance in the international arena and has made five key economic theories the basis of the economic analysis of the government's economic governance. According to the analysis, the Keynesian economic theory guarantees the economic efficiency of the government more than other theories in accordance with the current situation of the international community due to its economic realism and order-oriented approach in implementing the government's decisions. It is worth mentioning that the characteristic of realism cannot be completely considered as a desirable model due to the neglect of human rights considerations, and governments are obliged to take such considerations into account in the implementation of economic governance. Manuscript profile

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100 - Analysis of Ethical Principles of Disciplinary and Educational Responses to Juvenile Delinquency from the Perspective of Islamic Criminal Law
roh allah ebrahimi mohamad ali haji deh abadi ALIREZA HOSSINI

Ethical principles Disciplinary and educational responses to juvenile delinquency reflect the facts and rules that have a moral character and are used as a response to the crimes and violations of children and adolescents in order to maintain and promote their moral cha More

Ethical principles Disciplinary and educational responses to juvenile delinquency reflect the facts and rules that have a moral character and are used as a response to the crimes and violations of children and adolescents in order to maintain and promote their moral characteristics and legitimacy. The answers are in the light of observing these principles. The present article has examined the nature of these principles by descriptive-analytical method and based on reference to authoritative Islamic sources. The findings of the study indicate that in Islamic law, the ethical foundations of disciplinary and educational responses to juvenile delinquency are diverse in addition to persuasion. Engaging in the development of the child, correcting and rehabilitating, promoting and exalting the moral virtues of love-loving and justice-oriented are among the principles that are used to change the way of thinking and beliefs of children and adolescents and to reconstruct or create moral feelings and virtues. ¬ Restraint on moral behaviors based on religious and Islamic teachings are used and from this perspective help to restore public order and security. Manuscript profile

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101 - The effects of the emergence of security-oriented criminalization in crimes against security in Iranian criminal law
Hossein Rezaei Todeshki Seyyed Mahmoud Majidi mohammad javad baghi zadeh

Securityism is one of the unjust constructions that is imposed on the body of criminal policy and it means a deviant process in the formation of a response process to the criminal phenomenon. The security orientation of criminal policy can be a criterion to distinguish More

Securityism is one of the unjust constructions that is imposed on the body of criminal policy and it means a deviant process in the formation of a response process to the criminal phenomenon. The security orientation of criminal policy can be a criterion to distinguish an efficient and desirable criminal policy from an ineffective and undesirable criminal policy; As a result, the criminal policy of every society should provide a suitable justification for criminalizing and illegalizing the actions of people that were considered permissible before. This article is written in a descriptive-analytical way. In this article, an attempt has been made to answer this question: What are the most important coordinates of security-oriented criminalization in Iran's criminal law? Give an appropriate answer. It seems that the most important coordinates of security-oriented criminalization in Iran's criminal law include criminalization of criminal thoughts, criminalization of preliminary acts, legislative obfuscation and new criminalizations. The purpose of this article is to explain the manifestations of the tendency to aggressive criminalization in Iranian criminal law. Manuscript profile

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102 - Ruling Divorce: Quranic Principles and Reasons
Seyyed MohammadKazem Hoseini Faezeh Moghtadaee

Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of th More

Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of the differences refer to the divorce of the Shari'a and the right of a woman to divorce in times of hardship. The famous word is used 38 times in the Holy Quran, 15 of which are related to family and marriage. In verses 228 to 241 of Surah Al-Baqarah, the famous word is repeated 12 times and emphasizes the importance of rulings such as' iddah, divorce, breastfeeding, etc., so that it does not exceed the shari'ah limits and is treated according to the famous (confirmation of sharia and custom). The legal provisions of the Civil Code of the Islamic Republic of Iran are also taken from the verses related to divorce and include the well-known principles in women's rights and divorce and allow the rulers to issue a divorce decree if the conditions for this type of divorce are approved. Manuscript profile

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103 - Civil liability arising from the void of Iranian law
Ghafar Ehsan Bakhsh

The purpose of this study is to civil liability arising from the void of Iranian law and comparing it with German law. The transformation of the contract is one of the solutions to prevent the contract. In the transformation of the contract, the principle of freedom of More

The purpose of this study is to civil liability arising from the void of Iranian law and comparing it with German law. The transformation of the contract is one of the solutions to prevent the contract. In the transformation of the contract, the principle of freedom of will and the cases that prevent this principle from applying this principle are discussed, how to determine the title of the contract according to the principle of custom, the will of the will, and its interpretations. The will of individuals has a sovereignty in regulating and concluding a contract, so it plays a key role in the interpretation of the contract between the parties to the contract. The principle of freedom of the will of the parties in the conclusion of the contract is limited in some cases. These are the barriers to the principle of will. When conflicting the true will of the parties to these obstacles, their agreement is condemned to invalidate. As a result, their contract is considered false. The nullity of the contract has disrupted the economic order of society and is contrary to the principle of contractual strength. In foreign law, if the false contract has another correct contract, it is transformed into the correct contract, which is called the transformation of the contract. But there is doubt about the existence of this institution in domestic law. The reason for this doubt is that neither in jurisprudence nor in subject law there is no independent issue regarding the transformation of the contract, although it is found. These instances in jurisprudence have been interpreted in issues such as virtual will and corruption of the marriage and the guarantee of the contract. In this study, the civil liability issues arising from the void of the contract in Iranian law be compared and examined in the plant. Manuscript profile

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104 - The wrong impact on criminal crime and criminal law
sima ghobadvand

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowl More

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowledge and experiences. The mistake is divided into two types of "the subject matter" and the "judgmental mistake". The criminal act is the result and product of the offender's will to achieve the purpose of the offender and obtain the criminal path through the criminal path, but in many cases the offender, although the criminal path to the end. The material and the material element of the criminal act also commits, but for the reason, it does not achieve the purpose it does not have, and one of these is the wrong cause of identity and identity. As the most important crime that has an inherent crime at all times and places, it is the result of taking the life of a person who is one of the most important assets of any individual. For this reason, much of the investigation is centered on this crime and issues that are raised following the commitment of the crime, including the purpose of the purpose of identity in the discussion of murder. The content is library. key words: Wrong, crime, science and ignorance in crime, crime elements, jurisprudence, criminal law Manuscript profile

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105 - U.S. Judicial Opinion on Civil Liability Resulting from Breaches in Privacy
Masoumeh Mazaheri Mahsa Jamshidi Shahmiri

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil More

Civil liability rights play a significant role in supporting privacy rights of people. Civil liability laws shall guarantee fair indemnification of losses sustained to people and shall prevent emergence of tort in the society. In U.S. law, along with conventional civil liability, modern civil liability has clarified the fundamentals and pillars of various types of civil liability resulting from breaches in privacy. This paper, developed through descriptive-analytical method, reviews fundamentals, pillars and exceptions of various types of civil liability resulting from breaches in privacy in the legal system of the United States. Findings of the paper indicate that in the civil liability resulting from breaches in privacy, the U.S. legal system has duly recognized privacy right as an independent right and has accordingly established an integrated judicial procedure related to civil liability resulting from breaches in privacy. Manuscript profile

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106 - The position of human dignity in criminal jurisprudence and its comparison with Iranian criminal law
Ali Amirmohammadi mahmud ghayumzadeh Nader Mokhtari Afrakti

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which em More

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which emerges from him in free conditions, and these rights; That is, the right to life, liberty and personal security, which is recognized in Article 3 of the Declaration of Human Rights, is the basis of all political rights and subsequent civil liberties, including freedom from torture and arbitrary detention, as well as the rights related to fair trial, freedom of expression and The freedom to travel (emigration) and non-interference in private life and the principle of innocence, the right to marry and form a family and the freedom of opinion and the like are in the section on the rights of the nation and in fact, the citizenship rights of the Constitution of the Islamic Republic of Iran and articles 3 to 21 of the Declaration. Universal human rights are included. This article deals with the problem with descriptive analytical method. Manuscript profile

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107 - Interpretation, Correction and Revision, Supplementary Decisions, Recognition and Enforement of Arbitration’s Award Under Iran’s Law and UNCITRAL Arbitration Rules
Ehsan Abbasi

Since Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and More

Since Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and regulations of arbitration. This was not an area under discussion by researchers; in fact, one would say there is almost no independent study for arbitration here. This article has a descriptive-analytical approach using library method to examine the questions. The findings in this research show International Commercial Arbitration Bill follows the Model Commercial Arbitration Bill; it forms rules about interpretation, correction, revision, recognition and enforcement of arbitration’s award which is the innovations of new law. Arbitration’s award has different aspects; one is interpretation, correction and revision, supplementary decisions, recognition and enforcement of an award. Exploring the issue may raise some questions; what would be the referring text for interpretation, correction and revision, supplementary decisions, recognition and enforcement of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? What qualification would be needed to be met for that? What approach would be the approach of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? How would be the recognition and enforcement of an award under Iran’s law and UNCITRAL arbitration rules? This article tries to analyze and answer these questions and some more. Manuscript profile

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108 - Examining environmental pollution laws in Iranian law
reza dehghan

Iran is located in a dry region of Asia and the world, two-thirds of which are deserts, and only in the northern part and part of the western and southern parts of the forest, which is also being severely destroyed. But what has caused more attention to environmental is More

Iran is located in a dry region of Asia and the world, two-thirds of which are deserts, and only in the northern part and part of the western and southern parts of the forest, which is also being severely destroyed. But what has caused more attention to environmental issues, besides all these destructions, are issues caused by pollution, especially air pollution. The uncontrolled expansion of cities, along with the lack of control over population growth, which is growing the most in our country, as well as the uncontrolled concentration of industries and the irregular establishment of factories are the main causes of this pollution. The suspension of chemical particles and toxic gases in the air increases so much that the authorities have to declare a state of emergency and prevent people from traveling in some areas of the city that are more dangerous. The issue of protecting the environment in the direction of human interests and eliminating the destructive effects of industrial activities has become a serious issue in the contemporary world and has threatened humanity. To deal with this threat, a decisive action is needed by adopting appropriate measures. The practical procedure of Iran's courts is based on fault-based responsibility, and as it should be, it is not responsible for all the pollution and destruction and compensation for the damage caused to the environment, therefore, considering the need to compensate for the damage caused to the environment and the resulting civil liability, which It has a special place in the science of law. In this research, the effort is to explain, explain and analyze the deterrent effect of environmental destruction punishment on its perpetrators in Yasouj city and to find a suitable basis for this responsibility. Manuscript profile

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109 - Examining the objection of a third party with a normal document in a lawsuit to prove the ownership of immovable property in Iranian law
reza dehghan

Abstract In general, in order to prevent any mistakes and errors in the votes issued by the judicial bodies, as well as the violation of the rights of individuals, it is possible to object to these votes if there is any similarity. One of the methods of protesting the More

Abstract In general, in order to prevent any mistakes and errors in the votes issued by the judicial bodies, as well as the violation of the rights of individuals, it is possible to object to these votes if there is any similarity. One of the methods of protesting the order issued by the court is a third party objection, which is foreseen in order to prevent disturbance to third parties, a person whose rights have been disturbed by the issuance of judicial (criminal or legal) rulings and who were not present during the proceedings. The article deals with the discussion and examination of the third party objection by persons only with the normal document and we review it and we discuss the ways of the third party objection to the order to prove the ownership of immovable property with the normal document and the principles and rules used in the issuance and cancellation of it by the issuing court. We will check the principles of the following votes, you can protest as a third party. 1. Legal opinions of public, revolution and appeal courts. 2. Opinions of the Court of Administrative Justice. 3. Arbitration votes. 4. All orders and appointments. But in this article, we examine the third objection in the lawsuit related to proof of ownership of immovable property. Manuscript profile

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110 - Investigating weapons of mass destruction with a focus on moral values in jurisprudence and international law
Mohsen Reza Mosaddegh khah Morteza Barati Hasan Soleimani

Along the roaring waves of the development of contemporary modern technology, we witness the emergence of weapons of mass destruction such as nuclear weapons, biological weapons, etc., with a special index of destructive power and inseparability in the targets. And, amo More

Along the roaring waves of the development of contemporary modern technology, we witness the emergence of weapons of mass destruction such as nuclear weapons, biological weapons, etc., with a special index of destructive power and inseparability in the targets. And, among the secondary headings that will change the verdict is the rule of necessity, the prohibition of prohibitions, with its occurrence, the obligation is removed from the duty of the obligee, and the result of that is the permission to commit a forbidden act. Among other secondary headings is the rule of countering with like in legitimate defense. According to the results of the research, the use of weapons of mass destruction under secondary headings is also not allowed. However, in the sources of international law, such as the NPT, the United Nations Charter, and the consultation of the International Court of Justice in 1996, there was no clear reason to prohibit the use of weapons of mass destruction, and the use of this type of weapon for the legitimate defense of the country was allowed. Therefore, based on the arguments of Arbaah and the general provisions of international law treaties and for the purpose of legitimate defense and neutralization of modern weapons of war, with research and development and the acquisition of modern technology in order to create a suitable platform for the prevention of treatment, preservation and protection from the Islamic government, ensuring national security, human dignity, for example "Wa'adolham Mastatetam Potential" has taken action so that the Islamic homeland is mastered and equipped with modern weapons of war and relevant antidotes in special circumstances, especially in the form of legitimate and obligatory defense. Also, what can be inferred from Islamic ethics is that based on the teachings of Islam, from the Holy Book to the traditions, there are documents in the field of weapons of mass destruction, all of which emphasize the prohibition of the use of weapons of mass destruction and the use of such weapons in any The face is inhuman and immoral. Manuscript profile

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111 - Civil responsibility of hospital construction, the centrality of legal entities in Iranian law
Mohammad Khobi mikhosh

10.61186/ahrar.45867.4.7.1

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that More

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating. Manuscript profile

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112 - The Role Of Good Faith Principle In Iranian Law And International Commercial Contracts (During Negotiation, Conclusion, Performance And Interpretation Of Contracts)
Nazila Taghavi

10.61186/ahrar.45870.4.7.1

Good 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 More

Good 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

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113 - Analytical Study Of The Differences Between The 1956 And 1976 Rent Laws And Their Advantages And Disadvantages
Fateme Farad_e_falsafi

10.61186/ahrar.45872.4.7.1

The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have a More

The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have always caused sensitivity and controversy. Finally, I will briefly present what we conclude in this thesis as follows: What is clear is that the majority of jurists agree on this matter that the right to acquire or trade is a financial right that is different from goodwill that is realized for the tenant of the place of business or trade and its collection by the tenant depends on the mention of it. It is not in the contract. But its realization depends on the material and immaterial elements of the merchant's or professional's capital, or in other words, one of the components of the business. This right is based on a series of material and spiritual principles and criteria that merchants or artisans use in order to meet the needs of their customers. In this research, we intend to examine the differences between the goodwill of the 1956 law and the 1976 law and its advantages and disadvantages in the form of a library. Manuscript profile

Open Access Article

114 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Donya Hosseini moghadam

10.61186/ahrar.45964.4.8.1

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to it More

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes.One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions. Manuscript profile

Open Access Article

115 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
Abasat Pour mohammad Faeze Jahani moghadam

10.61186/ahrar.45966.4.8.1

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l More

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws. Manuscript profile

Open Access Article

116 - Examining the Principle of Good Faith in Chinese Judicial Practice with a Focus on the New Civil Code (Enacted in 2021)
Farshid Khosravi

10.61186/ahrar.45967.4.8.1

One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific li More

One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific limitations based on the principle of good faith and sometimes consider the concepts of good faith and fairness to be interchangeable. In the Chinese legal system, the duty of good faith is not limited to the stage of contract execution, but both parties are obliged to observe good faith in all stages of a contractual relationship, from pre-contractual negotiations to contract dissolution and rejection of substitutes. The new Civil Code of China is the first comprehensive and complete law in the field of private law in China, which is derived from numerous past special laws but has many innovations in the field of contracts and contemporary issues such as environmental protection, smart contracts, etc. Therefore, it can be said that it is a pioneering and up-to-date law in this regard. Manuscript profile

Open Access Article

117 - Functions of the principle of dignity in criminal policies in the light of religious teachings
mohammad mirzaei Fatemeh Azimi

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal More

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal policy, so it is considered to be able to play a constructive and effective role in the field of macro and strategic criminal policies in an extra-legal way. In the religious teachings of Islam, human dignity is not based on a contractual and creditable matter, but on the basis of an ontological, ethical and original matter, which originates from the essence of human creation and a subject of development based on divine decrees and in the legislative dimension. It is justified. Now the question is, with all these capacities, how can this issue be given a practical aspect in a religious government, in the context of criminal policies and in the field of crime management and control? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? The findings of this article, prepared with descriptive and analytical methods, state that the preservation of human dignity, which has a moral origin on the one hand, and is also the creator of many moral works, has the ability to be the most important pillar of criminal policies. To be known in the general sense and criminal policies in the special sense. Since this principle is the justification factor and existential basis for many criminal and moral institutions and mechanisms in the criminal justice system, such as the principle of equality, proportionality, amnesty, acquittal, equality of arms, caution, and so on, with redefinition The function of the rule of dignity, which this article examines, can change the macro and strategic policies of penal and criminal. Manuscript profile

Open Access Article

118 - Jurisprudence, Legal Status of Sea Water in Public Property and Subscribers
سحر حقانی

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became on More

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became one of the public property administered by the government. According to some jurists, by the adoption of the Water Nationalization Act on 4/4/1347 Articles 149, the Civil Code has been abolished and the issue of water ownership has been abolished. The general property of the national wealth is a country and belongs to all generations. The economic value of this property first provides special support and maintenance of these property. There are many solutions such as using new technologies, strengthening regulatory agencies, and so on to prevent private people's access to public property and to prevent government and public outsourcing over these property. But one of the most important ways in this regard is to provide legal solutions as a way to solve the roots of problems. In this study, jurisprudential and legal views will be examined and solutions will be provided to solve the legal problems of public water. Manuscript profile

Open Access Article

119 - Plato’s Symposium and its Background
Hamidreza Mahboobi Arani

<span style="mso-ascii-font-family: 'Times New Roman'; mso-ascii-theme-font: major-bidi; mso-hansi-font-family: 'Times New Roman'; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: 'Times New Roma More

<span style="mso-ascii-font-family: 'Times New Roman'; mso-ascii-theme-font: major-bidi; mso-hansi-font-family: 'Times New Roman'; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: 'Times New Roman'; mso-bidi-theme-font: major-bidi;">Plato’s Symposium is an unparalleled philosophical-literary masterpiece, which demands a serious approach to rereading it because of its quality of expression, linguistic style, powerful narration and reasoning, and synthesis of mythology and philosophy, as well as dealing with certain important subjects such as love, immortality, and eternal happiness. The present paper aims to explore and elucidate some of the historical, cultural and social backgrounds of Symposium because any negligence in this regard will render the analysis of its content incomplete and inaccurate. In this study, the author initially deals with the tradition of symposium in ancient Greece, its formation, and the cultural changes it underwent over time. Then he investigates Plato’s approach in his other works as to the nature of symposium and his re-evaluation and re-formulation of this concept. This analysis reveals Plato’s extent of loyalty to his own criticisms of this tradition in the dialog of Symposium and provides a model for future symposia. Finally, reference is made to one of the most important themes in symposia, Eros, which plays the main role in symposia and functions as the link connecting other philosophical concepts in this dialog. In this section, while avoiding to delve into Plato’s extensive and accurate discussions regarding Eros in Symposium, the author has tried to describe the cultural and social context of Eros as perceived by Plato. Manuscript profile

Open Access Article

120 - Exploring The Role Of Testimony And Judge's Will In Analyzing And Investigating Article 241 Of the Civil Procedure Law In Iran
Fereydoon Shayesteh

10.61186/ahrar.46860.4.8.136

" The aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. Examining the recognition and value of witness testimony, as well as More

" The aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. Examining the recognition and value of witness testimony, as well as examining the extent of the judge's powers based on Iranian law, and rejecting or accepting testimony, and examining the opinions of jurists in this area are criticized and analyzed.The research method is descriptive-analytical, and the different perspectives of the experts in this field are examined and criticized. The author will present his own viewpoint in the conclusion and summary of the study. Manuscript profile

Open Access Article

121 - Women in the Process of Transformation and Approval of Family Protection Laws with Emphasis on the Family Protection Law of 2012
Zahra Bahramian Ghafoor Khoini

The family protection law has undergone changes and developments over different periods. Throughout these changes, efforts have consistently been made to address women’s rights and issues. The most recent of these laws is the Family Protection Law approved in 1 More

The family protection law has undergone changes and developments over different periods. Throughout these changes, efforts have consistently been made to address women’s rights and issues. The most recent of these laws is the Family Protection Law approved in 1391-Shamsi year. This law was approved based on the format and principles specified in the Family Protection Law of 1353. This research employs a descriptive and analytical method to explore this issue. It concludes that the approval of the Family Protection Law of 1391 has resulted in greater attention to the rights of women and families. It has also resolved some ambiguities and contradictions in the procedure of handling family cases and includes provisions that favor women, although it overlooks women in certain areas. Manuscript profile

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