پژوهشنامه حقوق اسلامی
پیاپی 46 (پاییز و زمستان 1396)

Risk is a concept considered in different legal and economic systems and each has ordained different policies about it. Obviously, some types of risky actions are not accepted by all these systems especially by Islamic ones.
Due to the presence of risk more or less in most of the contracts, it is essential to explain the concept and position of this element to distinct between the legal and illegal ones. What can simplify this explanation is enumerating and studying the elements of contracts accompanying the risk element, finding the relationship between the identified elements and the risk element, in order to be able to provide an accurate categorization of these contracts based on this element.
The result of elemental studying of these contracts which are gamble, betting, Gharar, probable and chance contracts, is a hierarchical definition of risk element. Based on this definition, the lowest level of risk is attributed to right contracts and highest level is defined in gamble and betting (gambling contracts). Between these two levels is the risk which creates Gharar. Other cases are placed in one of the triple levels based on the associated risk.
Therefore, in Islamic legal and economic systems there are three different levels of risk and each level has its especial rules and consequent legislator exposure would be different. So that, In contrast to the maximum protection from right contracts, in highest level of risk not only there is no protection but also some cases (gamble) would be a criminal offense.

One of the technologies that is in the current era is to use CCTV to monitor places and facilities, control over traffic and prevent the abduction of property. The current condition of human life is such that in some places, the only way to protect and protect property is to use the technology above. The key question in this article is whether theft of a camera-equipped location is eligible for theft of amulets. The answer to this question is to address another fundamental problem, and what is the meaning of the concept of amulet? If there is evidence of monitoring constraint, is the evidence to include monitoring and monitoring through CCTV? The authors, referring to the proofs that the text of the article suggests, is sufficient to observe and observe the truth of the title of Amber, and with the acceptance of development in the case, today, the camera-equipped location, with the fulfillment of the conditions, is the case of robbery of the location Find out.

The constitution allows the possibility of change and reappearance, albeit with different formalities, and is not constant and constant, as in other laws. The basic question is whether the concepts and principles enshrined in the constitution disappear completely and completely with the collapse of the existing regime and the establishment of the new regime, and there are new concepts and bases, or is this substitution a relative state of concepts? And if the state is relative, what are the implications of which roots in the course of the constitutional change? The study of changes in fundamental laws and the continuation of fundamental principles at various times in the US Constitution, which was not faced with regime change but under the influence of cyclical developments, as well as the French constitution that has experienced the most incidents and changes, as well as the new constitution of Iran, Compared to the former two countries, it leads us to the fundamental principles and foundations of the political, historical, social, cultural and many of the cyclical processes and ideologies and views of the philosophers of law and ... and the constitution A country has been rooted.

With the formation of non-governmental public institutions in the legal system of the Islamic Republic of Iran and its recognition in 1987 gradually formed new legal requirements corresponding with it, that one of them is associated companies to non-governmental public institutions. Generally it can be said; according to the innings of this issue and the lack of specific legislative history, law, is not provided a specified nature ratio on it. In this research is trying to with the descriptive-analysis method, with referral to law sources and specifically with emphasis on issued votes by Administrative Court of Justice to answer this question that; "What is the nature of associated companies to non-governmental public institutions?"
Due to lack of sufficient strict legal on this issue and also dispute procedures in Administrative Court of Justice, there are different opinions about the nature of associated companies. Therefore, considering the principles on the legal system in Islamic Republic of Iran and critical and scrutiny towards judicial precedent can be say that after the changings in forenamed companies, those companies have been removed from government-owned corporations and included a general rules of the private companies. On the other hand it should be noted that; with the functional analysis and structure of this companies that more resembles and closely to government-owned corporations towards to private companies, can be known the desirable situation of this companies dependent on its governmental position that this case would need to amend the law and corresponding requirements with it.

The pattern of Iranian governmental system is simple based on which political power is belonged to a single legal person called central government based on Tehran as capital city of Iran. In addition, administrative systems in governmental organs are central and Tehran is center for administrative and bureaucratic processes such as operational and technical affaires in different levels of state divisions.Legal delocalization of Tehran is less discussed between legal and management experts, people and high rank authorities of Iran. In order to delocalization Tehran, we can use Constitution capabilities in operational phase so that there is no need to ratify and operate provisional plans such as exiting employees from Tehran, exiting governmental organs from Tehran, and etc. A proper delocalization shall have important purposes such as local communities responsibility, decreasing of administrative bureaucracy, increasing of citizens’ participation in process of planning, development, equal development, proper allocation of utilities, and etc. and in other hand, shall guaranty fundamental rights of people expressed in laws and rules, in particular Iranian Constitution in relation to citizenship rights. This research tries to examine legal capabilities which are imposed to government as obligations in Constitution, as solutions of Tehran delocalization, and emphasizes on operating these laws and rules by government in order to prevent ratifying new laws and rules by legislative organs. The main purpose of this research is presenting effective legal solutions and mechanisms according to legal capacities of Iran for legal delocalization of Tehran and protecting people fundamental rights. This research is descriptive – analytic and practical.

The right to health is one of the vital concepts of development, which along with other human rights,all of them are underpinned by development, is due to this fact ; on the other side,health depends on many prerequisites for continuously. And a situation that has always been at the risk of harm. And this issue itself requires the prevention or reduction of threatening factors. On the other hand, it is necessary to restore health after the risk factors and the availability of facilities and medical care in this regard. In addition to the promotion of public and private health rights in societies is one of the foundations for the improvement of a developed community. developmental is also a basic principle of health promotion, and this is the presence of goverments in the process, due to guaranteeing access to financial services for Individual and public health , justice in creating good health conditions for people , preventing people from falling into poverty due to health costs and, make it highlights. Therefore,in this research , which investigating the right to health and the relation of this category to the development process, we intend to answer the question of which governments are doing what performance for the establishment of health rights( which are underpinned by development). And has the performance of the Islamic Republic of Iran been successful in achieving this human right? The results of the research indicate the positive performance of the Islamic Republic of Iran in respect to the public and private health rights of individuals.

The issue of lawsuits arising from administrative and petroleum contracts in courts and courts is one of the most important issues in administrative law. This study aims to study the necessity of a multiplicity of authorities to resolve disputes arising from Iran's administrative and oil contracts, and how justified its justification if this multiplicity is justified? And given the different implications of the content and form of the concept of administrative contracts, and given the contemporary approaches, the content and form of the law, what are the doctrines and propositions based on the inputs of the intermediaries in resolving administrative arbitration disputes? The method of research, based on the purpose, is considered to be a practical application and is based on the nature and method of collecting the data and data by non-experimental descriptive method. Therefore, the statistical society did not have a sample size and a specific sampling method, and was often used in a library environment using a snippet tool. In its attitude, it was a descriptive-analytical method and sought after content analysis. Based on the findings of the research, it was revealed that the participation of executive and legislative authorities in resolving disputes in Iran is a common phenomenon, which can not be legitimized and necessary to prevent the violation of the rights of the parties to the contract with the government, hoped. Many arbitration and prosecution institutes in the context of their plurality and capabilities are proposed, if they are institutionalized by a single specialized judicial authority called the Administrative Justice Court.