فصلنامه مطالعات حقوق خصوصی
سال چهلم شماره 1 (بهار 1389)

This article is part of the study between 1383 to 1386 and as "Factors in the Great Tehran street prostitution has been done. Territory where research and cities, including Tehran, Shemiranat and is Sharehray. Statistical research for individuals, including street prostitutes are in a one-year period between 1383 to 1384 in one of four environments 1) crisis intervention centers Welfare 2) moral security police detention 3) and Evin prison reform and education center and 4) street level between the town attended by 512 people the number of street prostitutes as individuals were investigated samples. Results of research shows that street prostitution between age at onset of each independent variables include research octet 1) family size 2) making family 3) family moral system 4) conflict and tension in the family 5) satisfaction in the family needs.

Mitigation of violence and protection of fundamental human rights, in time of war, constitute the main object of international humanitarian law. The subject of present study is to determine whether or not, apart from international obligations, the duty to respect some basic principles of this law results directly from the Constitution of the Islamic Republic of Iran. Any answer to this question, first of all, necessitates establishing the existence of relationship between humanitarian law and constitution on which manifold reasons can be raised regarding any constitution, in general, and the Constitution of Iran, in particular. It is in the light of this connection that the most important principles of international humanitarian law have been expressed in the Constitution of Iran, the rights which are non-derogable and have been recognized for application in emergency state of war, whether international or non-international.

Folklore, in fact, is community (or collective) intellectual property. Literal of folklore, in present, is unknown and, to some what, vaguable. this filed of law is pay attention to on behafe of WIPO and UNESCO. two kinds of protection is established by legislators. Firstly (mainly) protection, that promoting a sui generis system, and secondary (substitute) protectioFolklore, in fact, is community (or collective) intellectual property. Literal of folklore, in present, is unknown and, to some what, vaguable. this filed of law is pay attention to on behafe of WIPO and UNESCO. two kinds of protection is established by legislators. Firstly (mainly) protection, that promoting a sui generis system, and secondary (substitute) protection, that includes some of ways, as such as, contract models, human rights, trade secrets and ets.n, that includes some of ways, as such as, contract models, human rights, trade secrets and ets.

The analyze of the petroleum contract determines that the ownership of the oil and gas filed is one of the very fundamental issues in the Petroleum Contract not only for the host country in the middle east but also for the Petroleum Companies. But the analyze of the petroleum contracts from the ownership perspective may show that the hybrid nature of this ownership rights, one from private law perspective and other from international business law standpoint of view. Therefore, in this essay the ownership right on the project land and field shall be analyzed in order to concretize the nature of this right on the private and international business laws.

According to the standard of reasonable and ordinary person, negligence consists in doing something which a reasonable and ordinary person would not have done in that situation or omitting something which a reasonable and ordinary person would have done in that situation. In this article, descriptive and normative content of reasonable and ordinary person has been studied; It's ambiguities have been clarified and regarding relevant aims and foundations, some misunderstanding of it have been reconsidered and finally have offered proposals that is thought to result in convergence and coherence of legal system. According to the standard of reasonable and ordinary person, negligence consists in doing something which a reasonable and ordinary person would not have done in that situation or omitting something which a reasonable and ordinary person would have done in that situation.

The civil law of Iran has voided the mortgage contract on behalf of mortgagee. The specification of mortgage contract permission on behalf of mortgagee causes that the acquisition of death, insanity, silliness, bankrupt and unconsciousness abrogates the mortgage contract for mortgagee, also the mortgagee can abrogate the mortgage contract whenever he، she wants. The civil law has detailed the orders of mortgage contract and has stated the abrogation of mortgagee in article 787 cause dissolution, and it has not considered the death of mortgagee in article 788 its abrogation factor and has remained silent about "insanity, silliness, bankrupt and unconsciousness of the mortgagee". This details and silence of civil law raises some problems and questions on these two articles which have not been discussed. This paper represents their solutions in concordance with Islamic law and civil regulations.

Since the method of artificial insemination was discovered, compatibility or incompatibility of its practice with religious principles has naturally preocupied the minds of legislatures and those versed in religious laws. All other practices which are somehow related to artificial insemination are also not immune from doubts, reservations, and hesitations. In this article, some questions concerning "the articles of profering fetuses to infertile couples" have been posed and "the parentage of the profered fetus" has been discussed. It could be argued that the fetus has a lineage at the time of insemination; therefore, its attribution to the profered couple is problematic.

While international law has provided customary and contractual obligations for states concerning prevention of harms arising out of peaceful nuclear activities, the non comprehensiveness of these obligations and softness of their nature has, in practice, made impediments for efficient and sufficient prevention of these harms. Such non Comprehensiveness and softness may put limitation and difficulty in the way of raising international responsibility of the states whose peaceful nuclear activities caused transboundary harms. The perspective of nuclear Technology in the world which reflect increasing tendency of states to use its different applications, particularly in the field of nuclear energy, necessitate fast removal of legal lacunae and flaws concerning prevention of harms arising out of peaceful nuclear activities.

Legalization of uman rights, formation of human rights institutions and the progress evolution of international legal culture process in the line with the human rational evolution and necessity of change in the structure of international institutions, particularly the United Nations and it's organs, have rised question of revision at international human rights instruments. In response to the international attitudes, finally, in the summer of the year 2006 the sixty years old human rights commission, replaced by the human rights Council that created by UN General Assembly. In this work, with a glance to the organizational change of human rights, we examined the establishment of the new council and its advantages.

Pharmaceutical inventions are considered as the most challengers of intellectual property issue. The principal reasons of these are essential function of pharmaceutical in human life and health in addition to its high economic value. There are several challenges between developing and developed countries in the field of pharmaceutical patent; however, a new challenge has been caused so-called “The Rule of Pharmaceutical New Use Patentability”. This subject is protected by U.S. and European Union and caused certain economic challenges for developing countries. In this article, we will explain the reasons of opponents and disopponent of this rule consider economic consequences for developing countries and suggest some solutions to Iranian Working Group for the accession to World Trade Organization (WTO).

The courts of equity in England have evolved some principles in Latin which later was translated into English. These were called Maxims of Equity. Maxims of Equity were developed during the centuries. Courts of Equity were in power to hear and determine disputes in which the Courts of Law could not grant requested relief. These courts were first presided by the King’s chancellor who held “the King’s Conscience” and heard the complaints for equitable relief. To decide a case, these courts considered a body of law or jurisprudence developed which was later phrased in the form of maxims. During centuries these maxims were evolved and its numbers grow. However today the main body of maxims consists of 12 main rules.

Nowadays the climate change is one of the main concerns of International Community. This problem, since 1979, has been addressed by the United Nations. Through the several international and regional conferences the UN has progressively developed the policies and measures to face the mentioned changes. The stabilization and reduction of the emission of greenhouse gas, and the adaptation to climate change are three policies of the UN in this regard. In this regard, UN Framework Convention on Climate Change and Kyoto Protocol are presenting some legal measures for stabilization and reduction of the emission of greenhouse gas. International Community, through adoption of these Documents, has filled the normative gap in this area and could produce considerable solidarity for facing this crisis. However, the concerns regarding implementation of the mentioned international norms are remained.

Islamic republic of Iran constitution is the product of Islamic revolution which triumphed under the commandment of Imam Khomeini (PBUH). Since Imam Khomeini (PBUH) had identified thoughts about basic governmental theorems, it could be inquired that how Imam Khomeini governmental thoughts had affected the formation of constitution of the Islamic Republic of Iran and in what extend it could be estimated? It is tried on this article to answer to above mentioned question. Method of research is descriptive- analytical and the manner of data gathering is performed through library. It could be concluded of below-mentioned themes that Imam Khomeini governmental thoughts had determinant effect on evolution of constitution of the Islamic Republic of Iran especially those related to government, sovereignty and political institutions.

It is possible for the lessor to transfer the leasehold property to another party through sale or other contracts over the course of lease without enjoying profit. According to Iranian civil code, article 498, transferring the object of lease even to the lessee himself does not contradict the lease contract. After the contract, the lease contract is still valid. In French law, transferring the object of lease to the lessee himself results in dessolution of lease. If the object of lease is transferred to the third party, according to French civil code, article 1743, and lessee has a lease certified or whose date is certain, the transferee will substitute the lessor. In this article, the author, considering the new laws in 1989 and 2006, has offered a comparative study of Iranian and French laws and, at the end, clarified the results.

External effects or opposabilité is a legal subject that some legal authors of France take advantage of which for clarifying the scope of the doctrine of the privity of contract and as a complementary principal. The use of the foresaid term does not go back to a long way and there is still a dispute over its bases. Because the doctrine of the privity of contract is adapted from the Civil Code of France and entered into the Civil Code of Iran, the clarification of its concepts and bases not only will be helpful in clarifying the doctrine of the privity of contract but also shows the effects of contract on third parties. For this reason, in this essay I shall try to process the concept of External Effects or Opposabilité and analyze its bases in the Iranian and French law.

The civil responsibility of physician can be studied, from two aspects, because the physician's obligation to patient has two aspects. On the one hand, he must try to treat patient, but he does not guarantee result. in Islamic jurisprudence and all of the Legal system, negligence is the foundation of the responsibility. On the other hand, the medicine has a duty to exercise reasonable care during The treatment of his patient; he must not cause a new harm to him. this aspect of medical responsibility is important and contestable, and when the expression of "medical responsibility" is used absolutely, the meaning of it is that.

This paper aims to study the question of indeterminate or unknown cause in liability law. The question of indeterminate or unknown cause has always preoccupied jurists in all legal systems. Legislative authorities, judges and legal scholars have tried to find some way to reconcile the necessity to prove causation, as one of the basic elements of liability, and the imperative of victim reparation. The recent decades’ socio-economic evolutions, especially the emergence of «consumer society», have increased the importance of this question. In this paper we try to conduct a comparative research in Iranian, French, English, American and Dutch laws. A brief study of the theories proposed by these legal systems shows us that most of them tend to privilege the victim reparation.

In recent decades, crime and the fear of crime have been as more important concerns in all communities and so various policies have been taken to combat the crime and disorder. The main and oldest of these policies were re-active strategies that are implemented through the traditional criminal justice system that its answers emerge in form of punishment. In recent years the inability of criminal justice system appeared in all countries. Because of this fact and of large costs of criminal justice system, the policymakers have been directed to use crime prevention approaches. The preventive interventions have shown their effectiveness in solving the problem of crime and insecurity. However, being successful in crime prevention requires the adopting of plans which must be resulted from a certain scientific process. This essay considers the definition, the categories and the process of crime prevention.

A commercial agency is a contractual relation through which the commercial representative (physical person or legal entity) is, independently, responsible for negotiations and entering into business transactions and/or other legal performance in the name and into account of the principal against receiving commission. The commercial agency is known as a contract having the commercial features thereto appertaining i.e. being businessmen of both parties and independence of the commercial representative to accomplish the subject-matter of agency in the name and into account of the principal which its discrimination is one of the instances of agency. In accordance with the considerable importance of the commercial agency contract in the field of domestic and international trade, there are specific rules and regulations spelled out in the rules and regulations of different territories even in international level.

Invention of satellite and the use of it in the broadcasting technology, evolved the broadcasting organizations activities. On one hand, it developed the scope of broadcasting geographically and to some extent solved the limitations and problems of transmitting signals such as difficulties in receiving the signals in mountainous or wood areas. On the other hand, the use of satellites on transmitting signals led to abuse of distributors recieved unauthorized signals. The Convention of Distribution of Programme-Carrying Signals Transmitted by Satellite or Satellite Convention was approved in reply to the progress in broadcasting technology and abuse of unauthorized transmitters in 1974.