بختیار عباس لو

Technology transfer contracts are among the common agreements in the field of industrial property law. Based on these contracts, specific technologies, often of strategic value, are made available by the holder to the transferee in exchange for a specifiedamount and for a defined period. However, like any other contract, these agreements may be breached. Each legal system may adopt different approaches to compensating for the damages incurred in this regard. This study examines these approaches in the legal systems of Iran, Canada, France, and Islamic jurisprudence. In the Canadian legal system, several documents, including the Public Servants Inventions Act and guidelines on intellectual property management issues, have been enacted regarding technology transfer contracts. In the French legal system, Law No. 75-1334 and Article 442-1 of the Commercial Code govern this area. Meanwhile, in the Iranian legal system, laws such as the Electronic Commerce Law and the Foreign Investment Promotion and Protection Act are relevant. Additionally, Islamic jurisprudence has imposed specific restrictions on the transfer of intangible assets. The primary question addressed in this research is: How is compensation for the breach of technology transfer contracts determined in the legal systems of Iran, Canada, France, and Islamic jurisprudence? The findings of this descriptive-analytical study indicate that the foundations and methods of compensating for breach of technology transfer contracts differ fundamentally among the legal systems of Iran, Canada, France, and Islamic jurisprudence. Furthermore, France and Canada, as transferring countries, always seek full compensation in this regard.

Contractual assurances are the most appropriate tool in direction to counter with violation of performing contractual obligations by the other parties; in order to reach this purpose, consumer of product and service receivers seek these obligations related to contractual assurances. Generally speaking, current assurance in contracts are assurances which assure appropriate performance of contract and assure optimum situation after performance of contract. These significant assurances are epitomized in mandatory fund or delay of contractual obligations or assurances which is undertaken by third parties. it must be mentioned too that assurances of function of object of sale or services are included in warranties and guarantees which could be annexed to contracts as a separate obligation or are part of contracts. the authors reached to this conclusion that it is possible and necessary to aggregate various contractual assurances Also case study in contracts of organization divulge this point that in application of different assurance, there is no harmony among contract of organization. And recommend that all examined contractual assurances in addition to current legal assurances inserted in contracts.

The necessity of compensation for the damage caused in the field of civil responsibility is a certain thing, which includes governments, and often this responsibility and its consequences appear in war issues and the like. In this regard, the question is raised as to how the legal system of paying compensation to war victims should compensate their losses. The hypothesis of the upcoming article is that the payment of compensation, which is an issue in civil rights, is based on the discussion of justice in advance, and the payment of compensation and compensation is made after that. For this reason, this research has analyzed the concept of justice and its impact on the legal system in a comparative way, and has selected two case studies of Iran and the United States. The findings of the research have shown that although the legal systems of Iran and the United States, according to their own principles of justice, pay compensation and compensate the injured, but in the code of justice for determining damages, some parts of American law overlap with the discussion of diat, but some parts of it are relative It is fluid and unstable to social and economic developments. Descriptive-analytical research method, comparative approach, and library and documentary data collection method.

Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have many works. This transformation is visible in various legal systems, including the civil law legal system and the common law legal system. Accordingly, in this article we will examine the terms and effects of electronic registration of documents and real estate in the Iranian, French, UK and US law system.

This article is written in an analytical-analytical method.

Although the document has a long history, it has evolved with the advancement of document registration technology and today there is a new form of registration called electronic registration. The use of new communication methods and new communication and information technologies for recording documents is called electronic document recording.The electronic registration of documents has some effects, including the validity of the contents of electronic documents, the validity of electronic evidence against individuals, the necessity of the execution of an electronic official document, its enforcement effect in judicial authorities and de-judgment. Registration of documents in the English legal system has a long history and electronic registration of documents has also taken a new form using blockchain technology. In English law, the principle is that all immovable properties can be registered by private individuals, unless these properties belong to the Queen or are considered public properties like national parks, mountains, forests, etc. If a property is not registered in England, but is sold, or comes to the owner through a gift or will, or the owner mortgages it, in this case, the property must be first registered, and to prove the applicant's ownership, documents such as a purchase deed must be submitted. The property should be presented. In this system, as in Iran's legal system, in case of presenting a claim contrary to the presentation of a normal document, what is important is the record of the document's registration, and contrary claims cannot be made. In Iran, the electronic registration and filing of documents has been established since 2005, and in the United States, since 2017, the electronic registration system of transaction documents in the United States has evolved with the emergence of smart contracts.

This descriptive analysis study examines the basis of civil liability for environmental damage in Iranian and European Union law, and assesses opinions and international court proceedings in intergovernmental litigation based on the principle of harmless use of land. One of the main achievements of the new legislation at the global level is that it has changed the basis of civil liability in this area, which in principle was subject to strict liability. Iranian law utilizes the principle of Article 50 of the Constitution and recognizes strict liability for environmental damage as an appropriate principle. Based on the guidelines approved by the European Union, it can be said that conventional civil liability law is inefficient in this direction. Only private rights and property are checked and protected, public rights are ignored. Research findings from the Advisory Opinions and international judicial precedents show that until 1997, the International Court of Justice maintained the traditional policy of prioritizing the absolute sovereignty of States in its Advisory Opinions. Moreover, even when confronted with problems of international environmental law, they are reluctant to respond, and it can be said that they have lost their sovereignty and authority in international environmental lawsuits.

With the events after the constitution and the formation of the modern government in Iran, the pillar of law, which became one of the foundations of the modern government. In this regard, Ali Akbar Davar, with the support of the Majlis and the efforts of a commission of first-rate scholars who were well-versed in jurisprudence and new laws, began to compile the civil law, the outcome of which was actually the adaptation of the civil law to Imamiyya jurisprudence, which some correctly called "Persian jurisprudence". In civil law, a constructive and dialectical balance was established between Imami jurisprudence and new laws, which created a masterpiece of legislation. The main question of this article is how jurisprudence and law interact in civil law before and after the revolution. The hypothesis of the article is that in the drafting of the civil law, this interaction has been highly respected due to the presence of scholars who were both jurists and knew new laws. The findings of the research have shown that although Iran's legal construction in the field of civil law has remained almost constant, in some ways due to the imbalance between the law and jurisprudential sources, and multiple interpretations of legal articles, problems are observed in some cases that require Check the rules. The approach of the descriptive-analytical article and the library data collection method.

  Civil responsibility has three elements: damage, harmful act or fault and causal relationship, taking into account that all three of these elements can be dependent on custom in any way. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

This paper is descriptive and analytical and library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness are observed.

The research findings indicate that By examining the general rules of civil responsibility conceptually, as well as the theories appropriate to Iran's legal system including the two theories of fault and risk, custom as a criterion of diagnosis and reference rule is proposed in the general rules of civil responsibility. Therefore, as a legal source based on the law, custom can complement and interpret the will of the legislator and cause its dynamism, because it is not possible to adapt all instances of error to the text of the law due to its wide range and diversity.                                                        

the customary nature of civil responsibility is acceptable as a legal principle. Therefore, the use of independent customs along with laws, reliable sources of jurisprudence, fatwas of jurists and legal principles in cases of silence and absence of law is effective as a factor in improving the process of compensation for damages and preventing confusion in the judicial system. In this article, we will examine the jurisprudential foundations of civil liability due to privacy violations using a descriptive analytical method.

In the laws of Iran and Canada, any assault on the body, property, communications with their types and types, information and secrets, dignity and reputation, privacy and privacy, opinions and thoughts, writing, by natural and legal persons is prohibited and violation of privacy. It is considered private. In Iranian laws, cases of privacy violations are widely criminalized and both disciplinary and criminal punishments are considered for it; Also, the victim is entitled to compensation due to civil liability. The methods of compensation for the violation of privacy in Iranian law have been widely seen; Although it is mostly aimed at compensating the material damage of individuals. In any case, methods including compensation for material and moral damage, restoration of dignity, the obligation to apologize as compensation for the loss of privacy are foreseen. In the Canadian legal system, compensations such as compensation, ransom, apology and other cases of compensation are available without being formulated in specific laws and limited to specific criteria, with the opinion of the hearing authority. For example, the Human Rights Court or any of the normal courts can consider the best and most complete compensation for the victim depending on the specific case and conditions of each case. In this article, we analyze the methods of compensation for the loss of privacy in Iranian and Canadian laws using a descriptive analytical method.

The right to observe and respect private life is considered one of the fundamental freedoms, which is one of the concepts of developed legal systems and is closely related to human dignity. Advances in social life have changed the dimensions of privacy. These new dimensions should also be supported, but it does not mean the absolute prohibition of privacy violations, the Iranian legislator takes steps to protect this privacy by determining the limits of the government's powers and taking into account individual rights and freedoms, the interest of society and public order. . Opinions issued by international courts and leading countries, especially Canada, regarding privacy, which are basically based on the rules and arguments of human rights, can be considered as a model of national legislation in the protection of privacy. The laws of the two countries are inferred to respect and prohibit entry into privacy, except in cases where social interests and public order require it, in which case it is possible by following special formalities

The subject of this research is to examine the role and position of distributive justice in the process of legislation and the development of civil rights in Iran. The main question of the article is what effect did the component of distributive justice have on the legalization process in Iran's civil rights. The research hypothesis is that distributive justice is one of the main components of building a structurally just society, and in the meantime, the structure of rights is one of the most important areas that must have a fair basis, and in this regard, several parts of Iran's civil rights By paying attention to the criteria and rules of distributive justice, it has been formulated and legislated, which can institutionalize justice in Iranian society. By examining and clarifying the foundations and definitions of distributive justice, this research has examined this criterion in two fields of civil rights, including inheritance laws, and labor laws, and employer-labor relations, and with a short study of their historical course and philosophy Their legislation has come to the conclusion that these areas of civil rights are regulated by paying attention to the rule of implementation of distributive justice in the society. According to the findings of this research, the principles of distributive justice are involved in the legislative philosophy of these areas and have been taken into consideration by the legislator. In this sense, the legal rules derived from these laws can be a basis for the fair distribution of resources and opportunities, so that the social structure develops in such a way that citizens cannot lose fair living opportunities. The research method in this article is descriptive-analytical qualitative and the library data collection method.

Today, the arbitration system in commercial affairs, along with the judicial system, is known as the authority for handling claims in most legal systems. Countries have different approaches regarding responsibility. In some countries, judges are not responsible for compensating the damages caused to the parties in an absolute or limited manner. In Iranian law, judges under certain conditions according to Article 171 of the Constitution, if they cause harm to the litigants during the proceedings and the source of the harm is the judge's mistake or negligence, they will not be responsible for compensating the damages. It is obvious that if the cause of the loss is intentional fault combined with the intention or knowledge and awareness of the judge in the loss, the civil liability will be imposed on him without a doubt. All legal systems have confirmed the existence of the contract and the judicial duty of the judge. Failure to perform the duty of arbitration can result in disciplinary, criminal and civil liability, but the legal systems of the world do not agree on the principle of the civil liability of the arbitrator. In the Canadian legal system, a judge enjoys the principle of immunity from civil prosecution in the performance of arbitration duties, just like a government judge, unless he has bad faith or leaves the arbitration without permission. Arbitrations based in Canada are governed primarily by provincial and not federal law. Every Canadian province, except Quebec, has passed legislation to ratify the UNCITRAL Model Law. Additionally, each province has its own laws to regulate domestic trade. In this research, the laws supporting information privacy in Iran and Canada have been compared in a comparative manner, and solutions have been proposed to reduce Iran's gap with global standards in this arena.

AbstractAbstinence, whether supportive or suspicious, is the inability to seize one's rights. The Holy Shari'a, in order to protect the absentees, has established the principle of coercive guardianship over the property. It limits the authority, it is the personal interest of the one who is deprived and needs the province. Therefore, coercion does not have the right to do something that is against the interest or involves harm to the detainee.Using a descriptive and analytical method, this article deals with the pathology of the jurisdiction of the guardian from the perspective of Islamic jurisprudence and Iranian law.If it turns out that the non-use of the right of pre-emption is the result of the fault of the guardian, guardian and custodian and their negligence in managing the financial assets or colluding with the buyer in wasting the dispossessed right and also in case the guardian fails to exercise special interest or necessity To prove himself, of course, his debauchery does not have the power to abolish the right of pre-emption.

The financial and economic authorization of the executor appointed by the coercive guardian is one of the important issues that has always been discussed. The purpose of this article is studing the mentioned issue from the perspective of Iranian jurisprudence and law.

This article is Analytical descriptive and the library method uses. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with.

In Iranian jurisprudence and law, the executor has several powers such as seizing property, paying expenses and alimony for minors and the homeless, trade, keeping and managing the will, including sealing, writing and dividing the will. The executor within the framework specified by the testator for the executor, is obliged acting. otherwise she is the guarantor.

The legislature, In many cases, such as the executor transactions, on the financial authority of the executor does not have an explicit ruling and based on the articles related to guardianship and guardianship regarding the executor is considered applicable. It is suggested that the legislature in civil law and civil affairs state the duties and powers of the trustee in relation to finance and mention them, and that the guarantee of more appropriate performances be considered by the trustee regarding the administration of financial property. The prosecutor, as the representative of the people and the trustee, in the matter of guardianship, especially in relation to the property of the detainees and their supervision should have a more prominent role.

In most legal systems of the world, the execution of a will requires the observance of certain requirements. These requirements, which traditionally deal with paper wills, have given rise to formal, holographic, and secret wills in Iranian law, and to formal, holographic, and notarized wills in American law. An important question that arises with the advancement of technology and the development of electronic communications is: if the testator wants to execute a will in the electronic space, what place will these traditional requirements have in it? In other words, are traditional requirements followed in executing an electronic will or not? In this article, an attempt is made to provide an answer to this question through the library method. In this regard, while reviewing the traditional requirements of executing a will, the hypothesis is proved that in Iranian law, traditional requirements are followed in electronic will-making; requirements that, due to some shortcomings in the field of legislation, have prevented the electronic execution of formal and secret wills. In American law, however, there is a disagreement: on the one hand, the famous Castro and Horton cases in judicial proceedings and the Uniform Electronic Wills Act imply that electronic wills follow traditional requirements. On the other hand, the Nevada Statute, after deviation from traditional requirements, has introduced new requirements for executing electronic wills.

The issue of determining the price is a matter that is related to the validity of the contract and has been examined in different legal systems. Based on this, we examine this issue in the laws of Iran and England and the international sales convention by looking at the contracts related to medicine and medical equipment.

This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Medicines and medical equipment contracts may be concluded in various forms such as purchase and sale contracts, distribution contracts, or even franchise or agency contracts. Regarding the price of the contract, it should be said that sometimes the price is determined by objective rules and sometimes by personal rules.

According to some previous negotiations and correspondence, the price is clear for the parties, in these cases, the price of the transaction has been implicitly determined, and there is no intention to invalidate the transaction. In addition, Article 223 of the Civil Code, which indicates the integrity of transactions, confirms the above.

Another transformation of the government's civilresponsibility in the current era is the acceptance of thegovernment's civil responsibility for the losses resulting from theimplementation of national or local public health vaccination plans.The purpose of this research is to investigate the government's civilresponsibility resulting from the exercise of sovereignty over publichealth in the implementation of national vaccination plans.

In this research, the descriptive-analyticalmethod will be used to collect information related to literature andtheoretical foundations, formulate hypotheses and present the initialmodel of the subject. The data collection method was used in alibrary (reading books, articles, magazines, research projects andinternet information banks). After this collection, the information ischecked with a comparative and analytical approach and writtenafter compilation.

Although public health programs include a wide range ofmeasures and as a result, many cases of possible damages, but it isthe issue of vaccination that has been able to attract opinions andforce different political systems. put it in the list of possible costs,give an opinion on the law of civil liability and take into account theinterests of the government and the protection of people's health ina fair way, so that just as individuals should pay the costs in front ofthe government against the attacks caused by the administration'sdisciplinary measures, equally Also, on the basis of fairness andjustice, as much as possible, compensate the people who sufferdamages in relation to the acts of governance.

According to the findings of the research, vaccinationis a way to manage the public health of the society, which can bedone in a mandatory or experimental way.

It is certain that in the field of law, legal articles can never be free from the standard of justice. It sometimes happens that the law allows the parties to include cases contrary to justice and fairness in contracts. In such cases, can the imposition of excessive contractual damages due to the weakness of one of the parties in the transaction be moderated by taking the standard of justice? It is assumed that social justice with the definition provided in this study and by considering the intention of the parties without distorting it, is effective in adjusting the compensation of contract damages. The purpose of this paper is to achieve a contractual balance between the components of the contract and thus to create a balance between loss and compensation. The method adopted in this research is descriptive-analytical method and it is an applied type of research in which an attempt is made to solve a problem by placing an element as a criterion.

They have compiled and published regulations and instructions or guidelines about business ethics and its obligations or points that marketers, production units and people working in industry and trade in general should observe in their economic activities. In some cases, the legislator has established or determined certain tasks or tasks to protect the rights of consumers, the health of the society or to prevent damage to the country's international reputation and prestige, which originate from the unilateral obligations of businessmen in contracts based on The ethical principles have been accepted at the international level. Unilateral obligations of the buyer or seller in unilateral commercial contracts are important in the sense that each of the parties to the contract may give one party (obligor) to another (beneficiary) in a certain period of time the right to choose to enter into a contract. It shows that its essential elements have been determined and only the beneficiary's will to form it has not been expressed. Cancellation of one-sided commitment in the time period determined for the beneficiary to exercise the right does not prevent the conclusion of the committed contract. A contract with a third party aware of the existence of a unilateral obligation due to which the said obligation is violated is void. And it seems that apart from the guarantee of civil executions, it is also necessary to comply with the guarantee of moral conduct.

The present article seeks to answer the question of what are the legal responsibilities arising from the non-fulfillment of certain international obligations by governments, towards other governments and also towards the people? Findings indicate that according to the International Covenant on Human Rights, in particular the International Covenant on Economic, Social and Cultural Rights, the provision of health care by governments is not limited to nationals and peoples in their own country, but a commitment to international cooperation in this field. Is particularly important; On the other hand, with the spread of the corona virus and the outbreak of the emerging and deadly disease Covid 19 in the world, governments have begun to provide compulsory treatment services to people, especially those with the disease; The necessity of services is contrary to human rights rules. The provision of these services, in addition to violating some individual and collective rights, has in practice led to the violation of some of their international obligations, but given that these measures are optional and temporary, governments can not talk about the impossibility of full implementation of their treaties in international forums. To justify the violation of their international obligations because the effects of the Corona crisis on the inability to implement treaties are different. By emphasizing the rule of "force majeure" in Article 23, the subject of international responsibility of states, they prevent the admission of guilt resulting from the failure to perform the treaty and absolve themselves from the responsibility of breach of obligation.

The development of technology has changed the nature of documents. In addition, the traditional document registration system has given way to electronic registration. Based on this, what are the purposes of electronic document registration? And can electronic document registration prevent forgery? The present study has been done in terms of practical purpose and in terms of data collection by documentary method and the obtained information has been analyzed descriptively-analytically. Electronic documents and their registration in a national system that has a set of owner specifications , Property, national ID and postal code, display of cadastral map and aerial map of the property collected in this system and their completion in a database that is available online, is one of the features of electronic registration of documents. Electronic registration Documents are made for two purposes - legal - judicial and economic. Electronic registration of documents can also have different effects in the criminal and non-criminal field. One of the effects of electronic registration of forgery prevention documents is that the legislative approach in this field focuses on criminal prevention. But social prevention can also include education-based measures and the use of social media, and of course, given the change in the nature of cybercrime, it is necessary to think about effective measures in the field of prevention.

Dissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples in the Iranian and British legal systems. In the United Kingdom, the example of the famous GTC contracts, and in Iranian law, the example of industrial design and construction contracts (known as EPC) and non-industrial (known as design and construction) contracts have many applications in this field. We will see that the rules and effects of dissolution of the contracts mentioned in Iranian law, although much more advanced and more carefully written than its predecessor, which is the "general terms of the contract", but the government's view of contract contracts in some cases balance the contract. It has led to the interests of the employer, which will be a major obstacle to the success of the contract and the reduction of claims arising from it. Certainly, using the experiences of other legal systems, including the British legal system in this field, while laying the groundwork for understanding new aspects and lesser-known principles, can enable the domestic legislature to provide an example of a comprehensive contract that explicitly states the obligations of the parties and its effects. Be helped.

Not every law and rule that enters the world of law is independent of the judgment of reason and justice. Has there been compensation? In fact, justice is considered as an element with the concept of neutrality in civil rights and the proportionality of compensation for damages. The only infringing rule is the proportionality of the agreement between the parties, with which justice has no problem, provided that the parties to the contract are in an equal position, and as soon as there is inequality or abuse of the terms of one of the parties, justice enters and ignores the agreement. The application of the rule of neutrality applies the proportion between the damage and the intended damage. As a result, justice, with its broad role, creates the potential for flexibility in the laws and agreements of the parties to the contract. In the discussion of compensation, the view of proportionality and impartiality of justice has been considered that this concept can even go beyond the agreement of the parties and appear in the expression of justice above the law. As a result, this theory also assumes the pillar of legitimacy and validation of laws.

The police, as the executive arm of the government and an influential institution in the field of civil rights, pay attention to the rights of citizens in order to fulfill their legal duties and should not justify their obligations to citizens, which is to protect their rights and freedoms; Because it may create civil liability for the police officer or institution affected by the harmful act in police actions. Therefore, this study intends to examine and explain the harmful act of the police in terms of violation of civil rights in the law of Iran and Common Law.

The present study is of an applied research type in terms of its nature and was conducted by qualitative content analysis of the conventional type and using sources related to Iranian law and the common law legal system, which were purposefully selected in a theoretically saturated manner, and since the research was qualitative, the findings were analyzed by text presentation.

The findings showed that both legal systems studied in this research, along with other pillars of civil liability, considered the condition of harmful action as a necessity for the realization and formation of police civil liability in violation of civil rights.

According to the findings, guilt has manifested itself more than anything else in fulfilling the condition of a harmful act, and among them, guilt in terms of the type of act, and guilt in terms of the psychological element of the harmful act were among the cases that affected citizens' rights.