نشریه تمدن حقوقی
پیاپی 7 (پاییز و زمستان 1399)

Consequently of air accidents and their causes, the civil liability in order to compensation, as the case may be falls on the airlines, flight sort of or air traffic control units or a group of them. This sort of liability is realized among the act and the damage in the domestic law according to the criteria governing the civil liability, i.e. The occurrence of the harmful act, the incident of the loss and the realization of the causal relationship as well as in transnational regulations relating to aviation accidents based on the legal system of international liability of governments and international organizations. This research, which is prepared and arranged base on analytical-descriptive method, tries to answer this main question that in principle in Iranian and international law, in air accident how airlines, flight crews and units Legal an civil air traffic will be hold accountable? Findings and results of the study indicate thin at both the domestic legal system and international aviation documents and regulations, laws have been enacted in this regard to establish the conditions and framework for the realization of liability and how to compensate. In this regard, civil liability is foreseen in various cases of damage, such as damages to passengers or their belongings, damages caused by the delays of flights time wise, flight cancellations, inability to fly, oversold tickets, violations in providing warnings, moral damages and Etc. In the Code of Civil Liability, the Law on the Limitation of Airlines Liability in Domestic Law and in the Warsaw, Montreal, The Hague, Guatemala and Chicago Conventions in International Law.

New trends at the national and international levels indicate a change that is taking place in the field of guaranteeing the enforcement of intellectual property rights, which can affect the general health of communities. This article examines the basics of patenting in terms of domestic and international law, intellectual property law, and international patent procedures. Patents in the world are in three forms: national, regional and international. Developing countries have not had a significant share of patents in the medical industry. Also, their low presence in the field of international trade has weakened the presence of these countries in the field of new patents in all fields. However, it should be noted that with proper planning and investment in this field, the acceleration of this growth can be increased as much as possible. The results of this research, which‘s done analytically and descriptively, indicate that the patent system has caused growth in all scientific and economic fields and in a way creates a balance between the public interest of society and the interests of the inventor and societies that benefit from law. The inventors of the medical industry have advocated an explosion of inventions that is the result of a dynamic cycle of science and technology production by an appropriate support system.

Corruption is one of the phenomena that has negative effects on government and public property today. The bank is considered a very sensitive economic institution, which is basically the most important economic cases related to crimes committed through banks. As a result, the prevention of economic crimes in this area is also necessary. But it seems that the prevention of this crime has not been effective due to the inappropriate structure of the executive organizations. Part of this inappropriate structure goes back to the country's criminal policy. Corruption as a problem of executive organizatins and especially banks undermine the country's economic growth and ultimately has caused the destruction of social justice, loss of public trust at the macro level reduces public investment. All these factors lead to disruption in Public security and comfort ultimately leads to the non-implementation of economic policies in society, so the most important factor in preventing all these problems is preventive criminal policy. This descriptive and analytical study with the aim of providing a basic solution has concluded that in addition to using all available methods to prevent corruption, including situational prevention, what is more necessary is to reform the structure of the executive organizatins through Transparency will be achieved through the use of new technologies and constant supervision of the public institutions and assets, education, alignment of criminal policies and increasing the capacity of the people.

Istisna is a contract with two effects of transferring possession of the object and the obligation of the constructor to make or change a new good. In terms of its nature and its validity, this contract has been a matter of argument. Although most lawyers are reluctant to revoke such a contract under Article 10 of the Iranian Civil Code, they however disagree about the independent and specific nature of this contract. This article through a descriptive-analytical methodology and in a qualitative nature attempts to examine this contract through legal materials of some Arab countries as well as the five main jurisprudential sects of Islam. The result shows that Istisna in contemporary law is an independent contract. Although some legal sources have not led to the recognition of a precise contract and yet many of the definite rules and principles of this contract need to be explained and conceived. However, Istisna as a legal entity in the contemporary world is evaluated with the Convention on International Contracts for Sale of Goods, 1980 (CISG). Finally, it is suggested that to support special contractual relations between artisans and entrepreneurs, as for the silence of Articles 513 and 338 of the Iranian Civil Code, this contract should be revealed as a special contract in the Iranian Civil Code.

One of the unpleasant results of war is the damage to and destruction of cultural heritage (CH) as the momento of human history. The question which is being answered in this research base on a descriptive-analytic method is that which approach in criminalization secures the further protection of CH in times of armed conflicts and which instrument of international criminal law is a better tool in criminalizing the offences against CH in this regard? The International Criminal Court Statute takes a retrograde attitude and civilian-use and instrumental value-based to offences against CH in times of armed conflicts, whereas the Second Protocol to the 1954 Hague Convention on the Protection of Cultural Property in Times of Armed Conflict in a far more innovative and progressive, has preferred the cultural and intrinsic value approach. It appears that the latter is more appropriate for protecting CH and, at present, the most effective tool for legal prosecution of war crimes against CH is the Second Protocol. Therefore, it is crucial to promote ratification by a large number of states and to encourage states to adopt implementing legislation that may allow domestic judges to prosecute the most serious crimes against CH on the basis of jurisdictional criteria provided for in Protocol II. Furthermore, it seems well applying the civilian-use approach to offences against CH in the framework of crimes against humanity.

International treaties are among the sources of international environmental law and one of the most important tools for the development of international law. Today, most treaties are in the field of international environmental law and it’s protection. The evolution and diversity of treaties subject to be evaluated in this context have been caused to follow the conventions of a member and on the other hand be considered holistically course of diplomacy in the process of implementing the treaties. The reason is the standard process of balance is necessary to maintain the status quo on the implementation and effectiveness of treaties. Therefore, since that all issues related to the environment and its effects on the Trans boundary Biosphere inclusive, it is therefore imperative that national and international multilateral studies and studies be carried out in the development of these treaties. In this context, this study aimed to assess and analyze recreating sustainable cities of the world, pays to the environmental impact on the future of environmental treaties Tehran, future studies in this field. This study seeks to answer the question, how could re-create synergies can be sustained mutual interaction between environmental treaties and Tehran? This interdisciplinary study paves the way for the growth and promotion of passive attitudes towards the indigenous environment.

Intellectual property rights refer to a set of rules and regulations that protect intellectual creation in a specific framework. The author, for the material and spiritual exploitation of the work has created, and concluded various contracts that violate each of the parties to the contract, may harm the material or moral rights of the originator. There may also be violations of the rights of the originator by third parties and in an out-of-contract area, under which the material and moral rights of the author are subject to a breach. There are some questions about whether there is sufficient guarantee in Iran's laws of the country? Are there appropriate solutions to the TRIPS agreement? According to Iranian law, the damage caused by a violation of intellectual property, such as the Trips Agreement, will be materially and morally indispensable, with the difference that the Trips Agreement in the field of compensation, rules and standards, including the standard royalty And fair compensation, in which the copyright is correctly recognized, however in Iran's laws it is merely incontestable to the terms of compensation and is not stated in the terms and conditions of the article; Temporary and precautionary issues are also subject to shortcomings, including lack of clarity and similar goods are disposed of.

The constitution is considered as a reference law in every country and the root of all the domestic laws of that country, according to it, obstacles and views existing in each country and it’s domestic laws are spread and expanded. Given the importance of foreign investment in the growth and development of countries and the facilitation of free trade, developing countries seeking to attract foreign investment in terms of wealth creation and development and prosperity and avoidance of poverty for their people have made this issue a priority in their programs. The growing annual statistics of the world confirm the importance of foreign investment. The constitution of any country is the source of all the domestic laws of that country and the attitude of the constitution in each country is effective in attracting foreign investment. A comparative study of the constitution of Iran and Iraq as Islamic countries with energy resources in the field of foreign investment, positions and strengths and weaknesses in attracting foreign investment has been examined.

Divorce is a conviction that the shia jurisprudence has accepted as a reprehensible solution. As divorce, in addition to being accepted by Islamic jurisprudence, is one of the acts that has not been welcomed by the elders of the religion. In the Iranian legal system, also, there are three strict views on how to prevent the disintegration of the family unit as much as possible. Divorce in Iranian law is divided into Bain and Raj'i divorces, and among these two types of divorce, dismissal divorces and struggles have been established. However, according to God's command in the Qur'an, as well as the laws governing the family, divorce is at the man's disposal and he may divorce his wife by fulfilling certain conditions, although the legislature, in the place of judicial divorce, also has the conditions to demand divorce. He has provided for the couple in the Civil Code. Therefore, it cannot be stated that divorce is only a one-sided practice, but in the case of it’s persuasiveness, the two reasons for divorce by a man need to be proved. In Indian law, divorce laws apply to the Hindu, Zoroastrian, Muslim, and Christian communities. this the present paper uses a descriptive and analytical method trying to respond to the following questions: what is divorce in the legal system of Iran and India? what is the point and differentiation  of the legal system of Iran and India around the divorce?

This article examines industrial pollution and the right to the environment in international law. First, it answers the question of how the right to the environment and free from industrial pollution is considered as a fundamental human right and what guarantees it has in relation to the pollution caused by industrial activities and the right to the environment.? In response, it was stated that the right to a healthy environment free from industrial pollution is considered a third category of human rights or solidarity rights and has an international guarantee arising from international treaties and instruments and the responsibility of states in international law. Be. The method of this research is theoretical and the method of collecting library information and the method of data analysis is descriptive and analytical. Research findings show that industrial pollution includes noise, chemical and biological pollution. Soil pollution has a greater impact on soil, climate, and international law has established laws to protect non-pollution and the right to the environment. International laws and instruments are designed to reduce industrial pollution, and there are enforcement safeguards for environmental damage, and although the major powers are the largest producers of industrial pollution, they violate international obligations and laws, and rights they make human beings and the right to a healthy environment insecure for human beings.

The world of e-commerce is changing and updating day by day, and introduction of new technologies has caused dramatic leaps as well as Blockchain is one of these influencers in e-commerce. According to each new event, there are challenges that legal challenges are not exempt from, so in the context of Blockchain e-commerce is a new emergence and the rights of countries and organizations are trying to identify and enact laws to control and regulate them as legislation increases performance and guarantees to improve the use of technologies and building trust in their use in e-commerce, and traditional laws do not meet new technologies.Therefore, countries and international organizations need to be united, especially in the case of uniform e-commerce laws, in order to facilitate the use of the Blockchain in e-commerce, and the legal challenges posed by this emerging but effective e-commerce technology need to be addressed and approaches should be adopted.In this study, a qualitative method of data analysis has been used and Identify the domestic legal system in conjunction with foreign legal systems on new technologies such as blockchain, comparitively review the laws used in this area in order to avoid the negative consequences of such cases and create a safe environment for the parties to use this technology.

The present aim is study analysis of law governing agreements of uncitral arbitration from the beginning until today with emphasis on French law. The study method of this research was descriptive, analytical and library. International arbitration is a method of resolving international disputes in which the parties refer the dispute to the arbitral tribunal instead of to the judiciary. This is also a very fundamental issue in international commercial arbitration. The findings showed determining applicable law is an independent science and action in the process of disputes resolution initial at the courts. This is a fundamental subject in the international commercial arbitration. In fact determining the legal law evaluation and duties of the are the most important subjects, the most important subject in international arbitration and it is not only important legally but also practically. In this article we are trying to recognize and analysis of law governing agreement of UNCITRAL arbitration from the beginning until today with emphasis on French law and according to Iran and French laws and UNCITRAL example  law We must be able to find law governing contract in silence of the law. Findings showed that UNCITRAL example law and international commercial arbitration law of Iran are similar to laws refer to French arbitration mostly and we can say about French federal law, the mashaelei law causes commonediting of French international private law that it is using in the jurisdiction of French courts and law election of parties and imply in other arbitrations and judges.