ایرج بابایی

One of the moral rights related to the personality of individuals is the right to fame. Legal systems have supported this right in different ways. One of these methods is applying the rules governing tortious liability and imposing compensation on the violators of this right. Based on this, in the American and English legal systems, they have used the format and title of "defamation". The question is what are the concept, basis, conditions and pillars of defamation? What types of defenses are recognized in these two legal systems? And is it possible to file tortious liability lawsuits due to defamation in Iranian law? The basis of this responsibility in English law is strict liability, and in American and Iranian law, it is based on fault. Also, its elements are: existence of defamatory statements, publication of statements, attribution to the victim and loss. In addition, the consent of the petitioner, the public interest, etc. are among the defamation defenses and factors that create a balance between the right to freedom of expression and the right to reputation in American and British law, which seems that only the public interest can be accepted as a defense in Iranian law. The mission of this article is to achieve the rules governing tortious liability caused by defamation in Iranian law with an analytical-descriptive approach and with a comparative look at the American and English legal systems.

Despite the existence of many rules regarding liability for causing damage to another in Islamic law and the extensive fiqh doctrine in this regard, it has not developed into an independent branch of legal studies and laws within Islamic law. However, the law of Torts is recognized as an original branch of law in modern Iranian law. Influenced by modern French and Roman-German tort law doctrine, Iranian legal doctrine has established general rules and theories of tort law that can be applied to all aspects of causing harm to others. This approach differs from the approach taken by faqihs (Islamic jurists) towards torts, which form the basis of modern Iranian law. According to the Constitution of the Islamic Republic of Iran, all rules of Iranian law should be in accordance with Shiite fiqh. Shiite fiqh applies different principles to different torts, and there is no general rule or principle applicable to all torts. Due to the influence and supreme position of fiqh in modern Iranian law, these differing approaches have led to significant misunderstandings in modern Iranian Tort law. It seems that the most suitable and efficient approach for Iranian tort doctrine is to move away from the idea of unified tort law and consider this area of law as diverse, where different general rules are applied based on the nature of the specific tort.In fact, according to modern Iranian doctrine, all torts are based on three elements: Damage, Act of harm to another, and Causation. The doctrine discusses each element independently. Regarding Damage, the doctrine presents different types of damages: physical damage to property, financial and economic losses, personal injury, moral damage, etc. If the damage suffered by the claimant is recognized as reparable under tort law, the element of damage is satisfied. The doctrine then considers different ways in which civil liability can be established, such as negligence, personal acts, vicarious liability, traffic accidents, malpractice, and more. Finally, the doctrine addresses causation as a necessary condition for civil liability. When all three elements and their respective conditions discussed in separate parts are met, there will be a liability to compensate the victim by making payment for the damages. The doctrine then proceeds to explain how damages should be compensated. Generally, the compensation principle is presented as a golden rule applicable to all forms and types of damages: the tortfeasor is liable to fully compensate for the damage suffered by the victim without making any profit.Considering tort law as a unified concept, the argument about the foundation of tort law (Negligence or Strict liability) has been presented as a unique principle applicable to all kinds of torts, damages, and acts that engage civil liability. However, this approach does not align with actual Iranian law based on Shiite fiqh rules. The conditions and effects of tort law differ depending on the nature of the damage, and the compensation rules vary accordingly. For instance, in cases of damage to properties, civil liability is established when physical damage to property is caused by a tortfeasor, regardless of whether negligence was involved or not. In this area, there is no distinction between intentional and unintentional harmful acts, and strict liability is recognized as the foundation of tort law. On the other hand, the conditions for pure economic or financial loss are different. These damages are not considered as engaging civil liability unless they are caused by a criminal act (intentional malicious act). The compensation principle applies to all kinds of property damages.The conditions for engaging civil liability for personal injury differ from those for property damage. Civil liability to compensate the victim with monetary payment is primarily established for unintentional acts. In cases of intentional harm, there is no civil liability, and the tortfeasor is subject to retaliation as a crime. When civil liability is recognized, similar to property damages, torts are based on strict liability. The amount of damages for any bodily injury is determined by law, and the compensation principle does not apply in this field.Regarding moral damages, the conditions for civil liability are different from other types of damages. Traditional law did not anticipate civil liability for moral damages, considering harmful acts as crimes punishable by appropriate punishment. However, in recent criminal procedure laws, civil liability alongside criminal punishment has been recognized in relation to moral damages. Although civil liability for moral damages is provided for by law, it appears that the nature of liability remains punitive for the tortfeasor. The deterrence aspect of civil liability is essential in determining damages, with the amount of money determined primarily based on the intention and malice of the harmful act and its impact on the victim. Consequently, the compensation principle does not apply in cases of moral damages, and damages are determined more by considering the circumstances of the harmful act rather than solely focusing on the harm itself.The conditions, elements, and effects of other areas of tort law such as Nuisance and Trespass differ significantly from those mentioned above, as discussed in both Fiqh's (Islamic jurisprudence) and legal Iranian doctrine.Considering all these differing conditions, elements, and remedies in governing Iranian Tort law, it becomes evident that there is no singular logic of tort in Iran; instead, there are multiple torts. The modern doctrine that follows a unified logic and approach to torts makes a significant mistake in understanding the rule of law and often leads to uncomfortable suggestions for its development. A better way to understand the applicable rules and propose new ones is to study Iranian tort law according to a multiple theory that aligns more with traditional Iranian law and Shiite fiqh rather than following the logic of tort law in French civil law or Roman-German approaches.

This article aims to investigate how the implementation of contract obligations affects economic development from the perspective of institutionalists. From this point of view, after expanding the conceptual space of the subject, we will examine the different dimensions and aspects of the impact of the implementation of contract obligations on economic development. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. From an economic point of view, the rules of law in general and the rules of contract law in particular should be efficient and as a result lead to the maximization of wealth in the society and accordingly provide conditions for economic development. Among other things, this matter has been taken into consideration by the neo-institutionalist school in economics. First, according to institutionalists, legal and economic systems are organically related to each other; In such a way that both of them are actually part of the social system, which is called the "double balance" theory. Secondly; Unlike the market approach, institutionalists believe in the effectiveness of contract rights in economic development and emphasize the interaction between the effectiveness of contract rights and economic development as the center of gravity of legal and economic institutions.

Attention to things such as; The method of selection and special choice of judges, their special position and dignity compared to other professions, the significant impact on the creation of judicial procedure and legal doctrine ,.. ; and the existence of problems such as; Procrastination of proceedings, high volume of cases, lack of knowledge of some judges, ... in the judicial system, on the other hand, shows the need for judicial authorities to pay attention to the issue of judges' compensation system as one of the serious concerns of this authority.Based on this, the current research was conducted with the aim of developing a model of the compensation system for judges and validating it. The research design is qualitative and research in terms of practical purpose and in terms of how to collect information is a case study type. The participants included 15 experts and experienced judges of the judiciary with excellent resumes. The data was analyzed and coded with the help of MAXQDAv2020 software and by thematic analysis method, and to validate the research model, the acceptability indicators of Strauss and Corbin; The technique of visiting by members and the approach of self-review by the researcher have been used. The findings of the research show that the pattern of compensation for judges' services includes 2 overarching themes entitled compensation for financial services and compensation for non-financial services and 6 dimensions; Legal benefits, organizational benefits, rewards based on performance, development and learning, job relationships, environment and job and organizational conditions.

The establishment of justice in a country is primarily dependent on the health of the judiciary, and this directly depends on the health of its judges. In this regard, respecting the dignity of judges in the framework of a comprehensive service compensation system for the judicial system of the country is absolutely necessary and inevitable; Because it seems that the development of the compensation system policy for judges in the process of recruitment and employment, training and improvement, motivation and retention in line with the set strategic goals, is still one of the missing links. Based on this, the current research was conducted with the aim of developing a model of the compensation system for judges based on the requirements of training and improvement of human capital and its validation. The research design is qualitative and research in terms of practical purpose and in terms of how to collect information is a case study type. The participants included 15 experts and experienced judges of the judiciary with excellent resumes. Sampling was done with a purposeful snowball method and they were interviewed in a semi-structured way, The technique of visiting by members and the approach of self-review by the researcher have been used. The findings of the research showed that the most important dimensions of the compensation model for judges based on the requirements of training and human capital improvement are person-related motivators, performance-related motivators, job-related motivators, scientific motivators, and basic motivators.

One of the main functions of evidence law is to demonstrate the applicable standard of proof. In some kinds of evidence, it is not the case because fact finders make decisions according to the probative value of the evidence. In other pieces of evidence, there may be a need to find a standard. Lawyers trained in common law systems often enquire about the applicable standard of proof but in civil law countries and particularly Iranian law it depends on the discretion of judges and there are no clear rules. Instead, fact-finding standards are based on some general principles. In common-law systems, the standard of proof requires in ordinary civil cases the party who bears the burden of proof to establish by a "preponderance of the evidence". In some other civil cases "Clear and convincing" evidence is the main standard and in criminal cases "Beyond all reasonable doubt". By using normative considerations of efficiency, on the one hand, we may argue and propose that as the main principle, multiple standards are more efficient and will better align decision-making with fact-finding goals than using a unique standard and on the other hand, the preponderance of the evidence and clear and convincing evidence may be regarded as main standards.

Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods of exercising fundamental rights in contractual relations between individuals. These foundations are based on the theory of state action, fundamentalism, and public policy. We will then see how the social principle at the source of rights such as freedom of education, strike, access to information, freedom of employment and freedom of religion, which are necessary for social life in a democratic society, should not be violated in contract law. The main question is how social dignity as a principle is respected and respected in contract law. In case of violation of the principle, what effect does it have on the validity of the contract? This article answers this question with analytical and library methods and relying on the analysis of different opinions of the courts of some legal systems of European countries, it can be said, in Iranian law, the rights arising from the principle of the above are general civil rights that cannot be revoked by contract, even in part. Violation of these rights will invalidate all or part of the contract.

With the development of human rights in all aspects of human life, its impact on private law (horizontal relationship) and consequently on contract law cannot be denied. Human dignity has two individual and social aspects according to human nature. Human social dignity expresses rights such as freedom of employment, freedom of education, freedom of expression, freedom of religion and freedom of access to information that are necessary for social life in a democratic society. Regardless of which generation of human rights these rights are, the main question is how these rights apply in contractual relations and whether it is possible to waive or violate any of the rights enumerated through the contract. In this regard, while analyzing different opinions in the case of some European countries and the European Court of Human Rights, it can be said that in Iranian law, these rights are among the general civil rights that cannot be revoked by contract, even in part, and in case of violation of the mentioned rights, the result will be the annulment of all or part of the contract.

Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient to fully protect fundamental human rights. For this purpose, it is necessary that other principles can be introduced as principles in line with traditional principles in contract law. The most basic principle of human rights is the principle of human dignity. The question is, to what extent and in what way can this principle be applied in contract law? Can fundamental rights derived from this human rights principle be revoked by a contract? In this article, with emphasis on various cases in the jurisprudence of some countries and the European Court of Human Rights, we have come to the conclusion that The principle of freedom, which includes important rights such as human dignity, the right to respect for family life, and the principle of non-discrimination, which encompasses various aspects, sometimes as a limiting factor of the will to prevent the infringement of a condition or contract contrary to them and sometimes fundamental rights arising from these principles. As general civil rights, they are also partially irrevocable or revocable. The research method has been library and by studying the judicial practice of countries and Iran.

Private autonomy is one of the principles of human rights,according to which the individual freely exercises his will fully, in individual and social life. Imposing a duty on a person is just when it is based on the free choice of the individual. The principle of freedom of contract and its consequent principle of contractual freedom,with respect to the will and liberties, is also rooted in the principles of human rights.Contractual freedom has traditionally emphasized the negative side of freedom,namely the non-interference and sanctity of contracts.The positive aspect of freedoms is the emphasis on the free development of different aspects of personality that require intervention. The question is,can private autonomy be considered a positive aspect of freedom and prevent the exploitation of the parties? In a comparative study of German and British law, we will see that the principle of private autonomy,relying on the right to self-determination, is seen as positive aspect of contractual freedom, which is an important basis for upholding fundamental human rights in support of the weaker party and countering unfair conditions. In Iranian law,this principle can be extracted by means of principles that override the negative aspect of contractual freedom and limit the essential as necessary.

Despite the development and prevalence of the term “civil liability” in Iranian law, some serious questions exist or remain concerning its meaning and domain. In our traditional law and jurisprudence, there have been various decrees and rules about infliction of corporal and financial damages to a third party in the forms of the rule of destruction, blood money, guarantee, usurpation, and nuisance.  In each of these subjects, the conditions for creating liability and its effects are independent and different from the others. However, the civil liability law, in its modern and coherent meaning, has general and coherent decrees, rules and conditions. In fact, the civil liability law, as an independent legal institution, deals with all the topics and instances of compensation in a unified and organized manner. Even in certain cases, such as the obligation to make a payment and compensation of moral damages, that do not occupie a significant position in Islamic jurisprudence, are included within the framework of these general topics and conditions.Considering the sovereignty of Islamic jurisprudence over the modern Iranian law following the Islamic Revolution, it is necessary to define the civil liability law and determine its connection to the jurisprudential decrees and sections in a manner that it does not lead to misinterpretation and disharmony with jurisprudential decrees and misunderstanding of Islamic jurisprudence. This article tries to deal with this important issue.This article tries to deal with this important issue.

The main aim of the present research was to determin the contribution of organizational factors in increasing the competence of Karaj municipality staff. The research population consisted of all staff (men and women) employed in the municipality of Karaj city in 1394. The sample comprised of 300 employees who were randomly selected by cluster sampling method. The research instruments were four questionnaires. The results showed that among the variables introduced into the model (emotional intelligence, creativity, job motivation, psychological empowerment and psychosocialization), only the variables of psychological empowerment, emotional intelligence and organizational climate entered into the model and were able to modify the competency explain the meaningfulness of merit changes. One of the scientific suggestions obtained from this research is that the managers of Karaj municipality can increase the level of competence of employees based on the contribution of organizational factors to the efficiency of their organization. Managers and managers of each organization always pay attention to this important issue of how to increase the productivity of human resources available in the organization. The time, cost, and facilities that organizations use in this way are indicative of the importance of developing human resources and enhancing the capabilities of the organization. On the other hand, the life and dynamism of each organization requires constant and permanent innovation and change. But it can not be ignored that all of the foregoing only takes into account the fact that the pre-eligibility is observed in it. Competency is one of the most important elements and factors of productivity of organizations in today's competitive world (Hajiha, 2005).
Case study
the population of the present study was all men and women employees of Karaj municipality in 1394. The research sample comprised of 300 employees who were randomly selected by cluster sampling method.
The municipality is considered to be the most complete public organization that adopts many city affairs by the City Council and provides significant municipal services to the citizens, since the efficiency of each organization depends on the level of employee productivity and function. It is an organizational feature that is dependent on it. Therefore, the necessity of this research can be considered in the share of each of the mentioned variables in increasing the competence of the employees of the municipality of Karaj. This research is based on the organizational competency model based on organizational factors to test the suitability of employees in a mammer. The method used in this study is a survey and correlation method. For data analysis, statistical analysis, descriptive analysis of data and inferential analysis of data including correlation coefficients and structural equation modeling (path analysis) were used. One of the strongest methods of multivariate analysis. The main application of this is the simultaneous analysis of multi-variable jobs with several variables. In analyzing the data, the data were first extracted from the questionnaires and then adjusted in the general information table, and then all the data were collected using a computer and through a soft Tools (Spss 20.01 and Lisle 8.7) were analyzed in two sections of descriptive and inferential methods. The statistical population of this research was all employees (men and women) of the city of Karaj, who were working in 2015. The sampling method used in this research is random. In this method, each community has equal chances to be selected. In the sample selection, all municipalities in the province of Alborz were first randomly selected from the municipalities of Karaj, and then from all the municipalities of Karaj, the central municipality district and area one was randomly selected. In the next stage, the subjects were randomly selected from different job titles and rankings.
Discussion and The results of this study are based on the findings of an examination of each of the factors and factors affecting the competence of Karaj Municipality employees as follows:The regression model designed for variables of gender, age, knowledge and experience could not significantly change the competency. The results of this study showed that among the variables (components) entered into the regression model (emotional intelligence, creativity, job motivation and psychological empowerment), only psychological empowerment and emotional intelligence variables entered into the model and were able to explain the merits variation
The results also showed that the organizational climate has been able to explain the merits.
Concluusion
However, due to the fact that several factors affect employee competence, the improvement of employees' competency requires the efforts and plans of the managers of the organizations. According to the results of the research, it is recommended to the managers of the municipality of Karaj:City administrators should strengthen group morale, team-building within their organization, and allow them to create a space for expanding group activities, while allowing them to control their work environment in their policies and decisions for the development and development of the organization. Strategic planning for the fulfillment of competencies will improve communication skills, leadership skills and professional skills, and encourage employees through their own capabilities

From a long time ago up to now, the structure of civil liability in Common Law has been right-centered and based upon prohibited behavior formatted on forms of the action and focused on the effects and consequences of human action against rights of others. There is an increasing index of torts in Common Law each of which has its own title and specific elements and conditions. However, with the appearance of negligence and focusing on the general duty of care, the elements of a duty-centered and task-oriented structure were mixed with the previous one. This structure is a pluralistic one in terms of four indicators namely unity or plurality of Tort and Contract, Tort and Crime, general basis of civil liability, and examples of torts. In addition, the structure of our jurisprudential regime has been a right-based and consequential one based on the diversity of forms of human interference in different types of protected rights and interests. This structure is a pluralistic one in the sense of unity or plurality in three categories namely tort and contract, tort and crime and examples of torts. Nevertheless, it is regarded as an unitarianist and causative liability-focused structure in terms of unity or plurality concerning the general basis of civil liability.

Concept of delict(Tort) in Roman Law on the base of Deontology as a ethical theory is recognized in the concept of breach of first Duty and structure of category in this legal system is formed on the base of Obligation and Responsibility as a secondary of breach of first Obligation.in contrast in Common Law and Jurisprudence, concept of Tort in accordance to ethical theory of teleology is difinited as breach of Right.in Jurisprodence, delict doesn’t recognize as source of structure of tort law but Causes of Violence of right is source of structure of tort law . In law of Iran , because of iffecting of Roman law and Jurisprodence , Tort Law structure has antithetic mixture of Breach of Duty and Violence of Right . resolving this problem involves final choosing one of perspectives. It seems Jurisprodential perspective that is based violence of Right,is appropriate for Establishing of iran structure of tort law.

Legal rules relating to the damage of corporal hurts form the main part of law of torts. Since the enactment of Islamic punishment laws and jurisprudence rules many questions and ambiguities about most of damage caused by corporal hurts and specially moral and financial damage of treatment and disability was raised that despite of a quarterof century still remained unanswered and its matter of law is not clear for lawyers and even courts. Unfortunately our country is among the countries with the highestnumber of victims of corporal events and damage, and the related suits are the most common suits in the courts. The root of this ambiguity is the persistence of jurisprudents on paying only the DYYAH (Fixed amount of money paid to the victim of a corporalhurt) and not paying other damage like costs of treatment and disability on one hand and on the other hand, adverse of lawyers and courts upon injustice and other interpretation of this view that has not been accepted by jurisprudent.This paper tries to present a new view of jurisprudence and legal logic with knowledge of jurisprudence logic and evolution of indemnification of corporal hurts than mere DYYAH to full compensate upon separation mental and material damage in current law of the world to present a suitable solution with jurisprudence logic and basis of justice to solve this inexplicable problem of Iran’s law.

The owner is allowed to use his property how ever he wants and to benefit from it (Article 30 of Civil Code) but his activity should not impair the neighbor unless it is reasonable and necessary to meet a need or to prevent a loss. If the activity is unreasonable and prejudicing neighbor is foreseeable (Article 132 of Code Civil & Articles 352 & 353 of Islamic Criminal Code), the jurer is obligated to compensate the victim, but Article 132 does not mention whether the activity has to be stopped. It is better to take into account the economic considerations to determine the reasonableness of the activity, so if a person uses his property while takes all reasonable precautions but the neighbor’s damage is more than his if he stops using his property, it is difficult to suppose that the activity is reasonable.