فهرست مطالب حمید ابهری

settlement contract in the capacity of transactions is one of the accepted types of settlement contract in Iran's civil law. The ease of using this contract in the society is one of the advantages of this contract, but there are disadvantages that can be pointed out as fraud and harming the third party, and the acceptance of this type of settlement contract is somewhat inconsistent with the philosophy of legalizing certain other contracts. The method of study and research is library. The jurisprudential sources and evidences of the legitimacy of the settlement contract in terms of transactions have been examined in the jurisprudence of the Farîqayn by looking at the law of Egypt and Iraq. It seems that the settlement agreement in terms of transactions does not have the truth of Sharia and removing this type of settlement agreement will not be against Sharia law and will block the way of abusing the law in this way.

The purpose of this article is to examine the compensation of damages caused by the delay in the implementation of the contract in Iranian jurisprudence and law.

The method of the present article is analytical description. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the text, honesty and trustworthiness are observed.

In jurisprudence, there is no single point of view regarding the compensation for damages caused by the delay in the execution of the contract. Some believe that it is possible and some believe that it is not possible to claim damages in this regard. In the subject rights, the acceptance of damages for the delay in the performance of contractual obligations is accepted. If the damages are determined for the delay in implementation, the obligor will be entitled to demand the implementation of the obligation. Unlike when receiving damages for non-performance, in this case the obligation to perform is no longer possible; Because the application of the condition of damages is a substitute for implementation.

in the subject law, two types of agreed damages and damages determined by the law can be demanded in the context of delay in the execution of the contract, but there are ambiguities regarding damages for loss of profit, which need to be clearly expressed by the legislator's approach.

Corona virus or Covid-19 is a disease which affected most of the countries for many year such as Iran and America and caused lots of difficulties and suffering for governments and people. Now days one of the important matters regarding the civil responsibilities of the government is transmission and spread of Corona virus among people. Due to that the aim of this project is to comparatively analysis the conditions of the civil responsibility of government towards the use of Covid-19 vaccination and methods of compensation in the Iranian and US Law system. Writer of this article tried to refer to the subject by sticking to descriptive-analytic method to explain the adaptation of the civil liability of legal system of Iran and America and find out the differences between them. Results obtained from this research show the government responsibility plan regarding this epidemic disease. It means the action or decision by the authorities can lead the responsibility of the government. Also, in US Law system to compensate the lost and damages caused by this covid-19 vaccination the compensation fund and civil responsibility insurance to compensate this case is established. And other achievements are that the government's exemption from non-judgment damages is exceptional and the main principles of the necessity require compensating unjust loss. The government can only cite it when it is sure that it has legal documentations.

Joint Venture, as a key contract in international partnerships, has several features that determine the way these elements are set on the scope of technology transfer. Despite the familiarity of our legal system with joint ventures, the legal basis of technology transfer has not yet been clarified and this issue has caused that, unlike countries like Egypt, it has been difficult to formulate a comprehensive and specific law for technology transfer or at least be delayed. The success of the technology transfer process in the joint venture depends on the size and quality of the support provided by the legislator. In this regard, governments implement support strategies along with restrictive policies, and they have implemented several legal protections such as guaranteeing technology, non-discrimination, transferring the principle and profit of technology, avoiding double taxation, freedom in the form of capital transfer involving knowledge, accepting out-of-court dispute settlement, and sometimes even reducing import tariffs and equipment; A case that has not been seriously considered in the laws related to investment. Our legal system, apart from the Investment Promotion Law and Article 107 of the Fifth Development Plan Law, does not have a codified provision for organizing the transfer of technology either through a joint investment channel or transfer in the form of a special contract. Regarding the facilitating and encouraging effect of Article 107, it should be said that its interpretation brevity and ambiguities have prevented the article from playing such a role. In terms of jurisprudential foundations, the rule of negation of mustache, the principle of Islamic dignity, the necessity of gaining economic independence, and the generality of the permissibility of trading with foreigners, the rule of negation of harm and the rule of commitment, can be proposed as general bases in justifying the transfer of technology. And in terms of special foundations, the ownership of technical knowledge, the right to learn, the unity of the criteria inferred from the permissibility of mudarabah and farming with a foreigner, the non-exclusivity of the contract to specific contracts, the principle of the validity and capacity of the partnership contract in jurisprudence, the contract of make order can be cited in this regard, except in exceptional cases, the taste of Sharia and jurisprudence implies the permissibility and even the necessity of technology transfer. On the other hand, the limits and limitations of technology transfer are subject to the will of the parties, but the legislator can set limits on the transfer of technology in Joint Ventures based on expediency. Joint Venture includes obligations, among which are the condition of technology transfer, technology owner's commitment to training, submission of documents and disclosure of technical secrets to the partner, special conditions of Joint Venture, whose scope and quality have a significant impact on knowledge transfer. Therefore, considering the importance of the subject, in this article, an attempt was made to analyze and evaluate the jurisprudential bases and effective contractual conditions of Joint Venture in technology transfer in detail.

Jurisdiction, according to the law, means the authority and duty that the legislator gives to the judicial authority to handle a lawsuit. Knowing the types of jurisdiction of the court is important, because by knowing each type of jurisdiction, the related rules can be well analyzed and different effects can be imposed on each of them. The authority of authorities is in three categories: intrinsic, relative and local. Inherent competence is the exclusive competence of a judicial or non-judicial authority in dealing with matters or lawsuits announced by the legislator. The rules related to inherent competence are among the mandatory rules and an agreement contrary to it is not possible. The competence related to the union and the cooperative chamber is of the type of inherent competence, because the judicial and administrative authorities of each are of a separate class with their own coordinates and characteristics and are inherently different from each other, and their competence is inherent to specific claims. In relation to relative jurisdiction, considering that the issue of relative jurisdiction is raised when both supreme and supreme authorities have the same nature and gender, i.e. both authorities must be judicial or both authorities must be non-judicial in order to be able to He established two relative competences in a special sense. Therefore, the issue of relative jurisdiction in arbitration authorities is ruled out. Regarding the local jurisdiction, which is the same jurisdiction as the jurisdiction of the court or the arbitration authority, it seems that going directly to the court and removing jurisdiction from the arbitration authority if there is an arbitration agreement is contrary to articles 10 of the Civil Code and 6, 454 and 472 of the civil procedure law.

According to Clause 4, Article 51 of the Civil Procedure Code, one of the obligatory provisions of a claim is the commitments and grounds by virtue of which the plaintiff is entitled to the claim. In some of the mentioned articles of law, such as Articles 15 and 98, the origin, and the cause of the claim are also referred to. In civil procedural law, the origin, grounds, the cause and the mode of the claim have not been properly explained; hence, by studying legal sources, one can find out that some jurists have considered the origin and mode of the claim as the same, and others have coined the ground of the claim and sometimes equated it with the origin of the claim. Distinguishing the difference, and at the same time, the relationship between them, has important effects on the litigation. For example, it can be determined which one is obligatory to mention in the claim since the failure to specify it will cause the suspension of the claim and the issuance of a notice to remedy the defect. Furthermore, changing the origin of the claim after filing the claim is not possible, but changing the mode of the claim is possible when the conditions stipulated in Article 98 of the Civil Procedure Code are observed. The legislator’s flaw is to mention some words without stating their meaning, for every word or phrase in the civil procedural law has its own specific legal effects. In this research, the obligations and grounds, as well as the origin, the coined word 'cause', and also the mode of the claim are explained in simple and clear language.

Note 1, Article 43 of the Securities Market Law, the board of directors of the stock exchange, along with the arbitration board, is competent to deal with damage claims in the process of the initial offering of securities; The board of directors of the stock exchange, in addition to the dignity and duties of the board of directors of public joint-stock companies, has other competences and duties regarding being a publisher and self-regulating organization. The above-mentioned regulation needs to be carefully examined in terms of the type, scope and limits of jurisdiction of the board of directors of the stock exchangeAnd by examining it, it is discovered that it is unclear about the procedure and organization of the hearing, as well as the issuance of the opinion and its implementation. In addition, the board of directors lacks any legal-judicial dignity, and the handling of lawsuits in it is faced with a fundamental problem, and due to the jurisdiction of two authorities with different organizations, the possibility of conflicting opinions issued in a single matter is very high. However, in the laws of other countries, including the United States and the United Kingdom, although other institutions other than the court are responsible for dealing with violations, creating compromises, arbitration between the injured party and the causer of the damage, and similar cases in the process of the initial offer, the judicial investigation of the issue is the responsibility of the judicial system. A detailed examination of the regulations on the topic of discussion and its adaptation to other countries makes clear the necessity of its narrow interpretation, modification and completion in the current situation where the capital market needs support; Therefore, this article aims to emphasize the necessity of amending the relevant regulations by carefully examining the existing internal and external sources and writings, while examining the various aspects of the board of directors' competence;  Especially since the preparations for amending the law have already started.

Today, with the expansion of information technology, electronic evidence and related documents are being stored and produced more and more. The admissibility of proof of electronic litigation is accepted in Iran's commercial law and in civil proceedings. According to the UNCITRAL Model Law on Electronic Commerce and Article 47 of the Electronic Evidence Citation Regulation approved in 2013, the Iranian legislator has not limited the message data only to electronic devices and any device such as video and audio folders, telegrams and optical devices are also electronic evidence. knows, but from the perspective of Islamic jurists and scholars, this issue is acceptable, has validity and proof if the document and writing has a signature or seal and remains immune from changes in a reliable way, and the issuer is certain to accept the contents, and also causes Let science be the judge. On the other hand, in administrative proceedings, the possibility of using electronic evidence can be discussed and investigated. Considering the nascentness of administrative proceedings in Iranian law and its special features, it seems that the use of these evidences in administrative proceedings is worthy of discussion. The main question that this research seeks to answer is how to cite electronic evidence in civil and administrative proceedings. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

Among the challenging issues regarding the validity of the adjudicated matter, regarding the possibility or impossibility of extending the rule to the final decisions; In particular, the lawsuit is expected to fall, which has caused confusion in the judicial courts and especially among the legal doctrines. 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. In the law of civil procedure, finality is special for opinions that cannot be sued by normal means, and this is the same meaning that can be deduced from French law. The results of the upcoming research indicate that the rule of validity of the adjudged matter governs the opinions issued in the nature of the lawsuit and are conclusive. This is the reason why the judicial procedure does not include other final orders issued by the court as valid except for the decision to drop the case.

Diagnosis of trademark infringements in case of similarity is not easy to do; Achieving such a diagnosis must be done with time and accurately. The criterion of infringement in this assumption is the likelihood of confusion of buyer, and the Iranian legislator in the Act of registration patents, industrial designs, and trademarks adopted in 2007 has stated that with using a fairly ambiguous term (public confusion). But the law is silent on two issues, and from this point of view, this research is felt, and We will deal with this issue in a descriptive-analytical manner, relying on the procedure of US courts, and in particular US doctrine. The question is, first of all: What should be the subject of the buyer's confusion, and how and at what time? Secondly, on what factors should the judge justify the existence of the condition of the likelihood of confusion or not? In addition, how to prove the existence of actual confusion or not and the impact of this issue on the condition of the likelihood of confusion is examined.

One of the financial rights that is created for a woman in the marriage contract is Mahr. In the present study, the formalities and mechanisms of Mahr demand by the wife will be investigated in the light of new legal developments, including the circular of the head of the judiciary and the law of the third five-year development plan.

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.

The findings of the present research show that the circular of the Head of the Judiciary, in accordance with paragraph B of Article 113 of the Law of the Sixth Five-Year Development Plan, in line with the wife's referral to the document registration office to collect Mahr  With the wife's right to go directly to the court within the framework of the general rules of the civil procedure law, it creates practical challenges.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

If the Mahr is documented in a document, the wife must first apply for the issuance of a procedure to claim the dowry through the office of the marriage registrar and the registry office, and she does not have the right to directly demand the Mahr through the court. Also, if it is necessary to go to the court, the wife is obliged to pay the court fee based on the daily price, which is in conflict with the rules of civil procedure.

When the consumer buys a new car but encounters a defect in it, he will have the right to refer to the manufacturer. According to the law for the protection of car consumers' rights, approved in 2007, the guarantee for the implementation of a car defect will be: the right to repair and then the right to exchange or refund the price. But in the civil law, in relation to the general seller, only the right of exchange and then the right of termination is mentioned. The Consumer Protection Law divides defects into three categories: manufacturing defects, design defects, and warning defects. Does this performance guarantee apply to all three categories of vehicle defects, including design defects, production defects and warning defects? Can the buyer seek a performance guarantee without requesting a repair? Replacement warranty does not apply to vehicle design defects and repair warranty does not apply to design defects in some cases. The buyer is obliged to request a repair first, and if the repair is not successful or it is not possible, he will go to the guarantee of other performances. The guarantee of price rejection, due to market fluctuations, alone, cannot compensate the losses incurred by the buyer. It is not possible to request repairs or terminate them under civil law. Contrary to the research that has been done so far and has discussed the performance guarantee in general and in all goods, in this article, in a more specialized and detailed way, the performance guarantee only in the car will be examined. Also, one of the novelty points of this research is the simultaneous review of the guarantees of the performances in the civil law and the law of protection of car consumers' rights.

The rules for compensating the losses caused to consumers and identifying the responsibility of manufacturers of defective pharmaceutical products and unsafe vaccines 19 have an important position in order to compensate the losses. Regarding the non-contractual liability system, in general, two solutions can be considered: in some countries, such as Iran, the responsibility of the producer is based on fault and this is in the case that in some countries, such as the United States and England, The responsibility of pharmaceutical manufacturers, including vaccines, is based on the rule of pure responsibility. The most important goals of this research are divided into three categories: the main goal is the comparative study of the role of the civil liability system in the safety of the Covid-19 vaccine and the secondary goals of the research; Investigating how to compensate the victims of the Covid-19 vaccine and investigating the civil liability system is pure.

The method of this research is descriptive-analytical; the method of collecting materials is library and documentary.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

The most important findings of this research is that the first step in the direction of protecting the victims and consumers is to pass appropriate laws and regulations so that first, the distribution and consumption system is organized in order to avoid material and spiritual losses due to lack of health. and the safety of manufactured products in the field of pharmaceutical products and especially the vaccine of the Covid-19 virus to be prevented and secondly, in case of losses, it is possible to effectively compensate the rights of the injured parties through the guarantee of appropriate executions in an easy and fast way. Did Thirdly, transnational companies can take actions in social development.

Finally, it can be concluded that the damage caused by the injection of the Covid-19 vaccine and other vaccines should be compensated, although the governments have foreseen different methods in this regard.

Among various kinds of free possessive contracts mentioned in Civil Law, Hebe </em>contract is claimed to be the only one that can include condition of consideration. According to article 801, however, legal authors believe that this condition can be stated in all free possessive contracts. Generally speaking, condition terms of contract exert no effects on contracts, rather it is only influenced by contract. Nevertheless, this general rule is doubted in those contracts with the term of consideration, since some articles of the Civil Law imply that the condition of consideration influences free contracts in some cases and even can affect some changes in the identity of contracts. Therefore, the current research seeks to investigate the effects of condition of consideration on free possessive contracts via examining the Civil Law and Jurisprudence and Law literature.

Note 3 of article 8 of the Compulsory Insurance Law adopted in 2016, in a new and unprecedented case, considers the financial damages caused by traffic accidents compensable only to the extent of the corresponding damages to the most expensive reasonable vehicle through third party insurance or the culprit of the accident. In fact, the corresponding damage is the maximum damage that the owner of an unconventional car (the injured person) can receive from the culprit of the accident for the damage, even if the damage to the unconventional car is more than that amount. Therefore the purpose of this study is to examine the question on what basis and for what purpose did the legislature take such an initiative so that it can be used by recognizing and expanding it in other similar laws and regulations.

In this article, with a descriptive - analytical study, an attempt has been made to explain and examine the reasons for the above problem by using library resources and reading and searching books, articles and related theoretical topics.

Traffic accidents are one of the most common and important injuries that most people in the community are always in touch with. This has caused the legislator to pay constant attention to the insurance law and to make changes and amendments to it over time along with the needs of the day. The provision for corresponding damages in the new compulsory insurance law includes a provision that implies a special system for compensating for financial damages caused by traffic accidents. This is because the corresponding damage to the most expensive reasonable car can be applied not only in the existence of third party insurance, but also in the event that the car of culprit of the accident has not valid third party insurance, Will be applied. For this reason it is difficult or impossible to justify this sentence in accordance with the usual rules of civil liability based on the rule of no harm and full compensation. Loss protection through assurance of payment and compensation and paying attention to the social and financial inequalities of individuals shows the legislator's concern through this law.

The present paper shows that the legislature in anticipating the corresponding damage with the aim of ensuring compensation and protection of the injured party has used the theory of collectivization for damages and reduction of social costs through the loss distribution system. The theory of collective compensation, by involving individuals in the society in the payment of damages, removes compensation from the personal state and turns it into a social matter. Thus, contrary to the importance and role of fault in traditional theories of civil liability, what is placed in the first place in the collectivization of compensation is not the responsibility of individuals or the punishment and deterrence of the deficient person, but compensation. Therefore, in the corresponding damage, it is the accident itself that is more important than the person responsible for the accident and it causes the application of a special system of compensation, which ultimately leads to social solidarity. Thus, the legislator has rightly used its possibility in applying social considerations and economic necessities in amending the law of compulsory insurance and traffic accidents.

The IPO on the stock exchange, as one of the professional activities, requires the role of several individuals. s. 43 of Iranian Market Law, although seeks to emphasize the responsibility of these individuals in order to protect the rights of investors and consequently the capital market, but this regulation not only failed to address this issue, but in some cases made it more difficult to realize the lost rights. Is. No change in the basis of civil liability, deadline for filing a liability lawsuit, counting responsible persons, creating parallel jurisdiction for the board of directors and the role of detecting and declaring infringement Damage by the injured party is one of the points to be considered in this article. A study of British and American law, however, reveals that litigation in that country is highly regulated and that existing regulations provide maximum protection for investors. Changing the basis of liability from fault to fault without liability, creating joint and several liability for the perpetrators of multiple losses in a single loss and reviewing the competence of the board of directors in handling litigation are some of the solutions that can provide maximum protection to the investor and the capital market.

"Nahleh" is one of the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

The principle that loss must be compensated by the one who imposed it, is agreed upon in almost every legal system. The crisis management organization (CMO) establishment act forces the government to compensate the losses due to the natural disasters (as an instance for crisis) against the people affected. However, all damages due to natural disasters are not caused by government performance and thus it could not be assumed as civil liability in the exact sense of the word. It is rather a legal enforcement in order to perform its role in the response and recovery stages of the crisis management process, based on which the government is responsible to prepare the minimum requirements needed for improving the quality of lives of the affected community. In case that the government fails in performing its role in any of the four-staged crisis management process, which results in any damages or loss for the people in the affected community, and if this is due to any shortage in the facilities or equipment provided, it is the government that is responsible for compensating the loss.

Some women are congenitally infertile or have had to have their uterus removed due to the disease and as a result, are unable to conceive due to the lack of a uterus. This group of people can use a transplanted uterus for fertility. A uterine transplant contract (UTC) is a contract under which the uterus of one party to the contract is acquired to give fertility to the other party who has no uterus. Regarding the intention and consent of both parties, since (UT) leads to the decline of pregnancy power in the donor, so obtaining consent in this regard should be by consciously stating all the conditions and consequences of the transplant. As it is risky, accepting a (UT) is against the interests of the detainees and their guardian does not have the right to decide in this regard. Since the result of this contract is the birth of a child, the parties to the (UTC), in addition to general capacity, must also have a series of special conditions. The case of transaction regarding a uterine transplant contract is important because (UT) is significantly different from transplantation of other organs; Among other things, (UT) is risky and temporary and, unlike transplantation of other organs, is not life-saving and only leads to an improvement in the quality of life of the donor. The subject of the UTC seems to be legitimate in light of arguments such as the right to fertility, the principle of the rule of will, the right to treatment and other documents mentioned in the article. Receipt of compensation that is related to the direction of this contract can be justified in the form of Article 801 of the Civil Code.

Arbitration has become more common today than ever before to achieve more favorable results by relying on such factors as speed in proceedings, maintaining a good relationship, keeping secrets and expertise. In the cooperative sector, this institution can also be attributed to the time of the law on the cooperative sector and in the definition of the duties of the unions and the cooperative chamber, but it has received less attention. The question that arises is what is the place of arbitration in resolving disputes related to cooperatives? Today, dispute resolution in cooperatives can be done through three sources; Inspector of the company, the Ministry of Cooperatives and Arbitration in the arbitration authorities, which is the same as the Chamber of Cooperatives and the unions of the cooperative sector.After a dispute arises in companies and cooperative unions, according to the law of the cooperative sector, the elimination of profits must first begin within the company. Accordingly, according to paragraph 3 of Article 40 of the Law on the Cooperative Sector, the complaint of the members of the cooperative companies is first processed through the inspector or inspectors in order to obtain their legal opinion on the disputed issue. Also, the Ministry of Labor Cooperation and Social Welfare is considered as a reference in resolving disputes according to Article 66 of the Law on Cooperative Sector. Another authority that is competent to handle members' complaints is the unions of cooperatives and the cooperative chamber.

Compromise has long been considered as one of the most effective procedures of settling disputes in the laws of different countries. In this regard, the Transnational Civil Procedure Code has entered the field of existence with the aims of explaining the basic concepts of the justice vital elements in various legal systems of the world and ultimately providing a codified law, especially in the field of international commercial litigation which can be extended to other civil law disputes. It has also paid special attention to resolving disputes through peace and reconciliation. If the proposed compromise of the mentioned law is not accepted without a justifiable excuse, it will be accompanied by a legal sanction, which is clearly in conflict with the philosophy of compromise. The Iranian legislature has paid attention to resolving disputes through compromise in various laws, and has even enacted a special law called the Law on Dispute Settlement Councils to revive and spread the culture of peace and compromise. Considering the several benefits of settling disputes through compromise, the present article seeks to make a comparative study of compromise in the Transnational Civil Procedure Code and the Iranian law using a descriptive-analytical method and library studies to express the compliance of the mentioned laws and determine the differences between them.

‌‌In order to counter the harmful consequences of events and events, there are a variety of ways in which the transformation of government concept and the creation of "good government" have led citizens to expect support from them in the event of a disaster, in order to compensate for the accident. accordingly, in order to protect the accidents caused by vehicles and with the purpose of speeding up compensation, in certain cases, the fund provides physical damages, responsibility to pay physical damages. Indeed , one of the most important goals of civil liability is the full compensation . in the event of a harmful event , the damages incurred by the incurred damages will be fully compensated , besides the existence of liability insurance and social protection that has caused civil liability as a mechanism for the distribution of losses . Additional insurance projects are expected to be included in the same category. The innovations of this law are that in case of suspension , the cancellation of the license license , stoppage or issuance of an insurance company decree , this right has been granted to the insurer to act after paying damages to the insurer , who is entitled to act in a lawsuit , " The Court is required to act on the issuance of damages and damages to the fund . "( Note one of Article 22 of the new Compulsory Insurance Law authorized in1395). From the point of view of the note Discussion the Investigating the nature and scope of the order to transfer the insurer's property to the Bodily Injury Insurance Fund in case of compensation by the Fund to the insurer’s Deputy.

The method used in this study is the descriptive-analytical method using library tools.

Interpretation of the phrase in Note one of Article 22 of the new Compulsory Insurance Law authorized in1395, requires attention to the principles and rules of law and other regulations on bankruptcy and the rules governing insurance companies and mere focus and attention on the compulsory third party injury insurance law due to vehicle accidents approved in1395 and the relevant regulations do not provide a correct interpretation. from the addition of rules and regulations, it seems that the fund's responsibility to compensate the damages is limited to the texts and cannot be followed by the spirit of laws, regulations or principles and legal theories. However , covering the driver 's treatment cost and the term " damaged " term in article 22 of the new Compulsory Insurance Law authorized in1395, it helps in assuming the suspension or cancellation of the insurance company 's license to pay damages to Lost victims , the judgment of the Central Insurance or the Supreme Council of Insurance , or by the competent court , the fund for the driver 's bodily damages . Accordingly , First, the application of Article 35 is not concerned with the loss of the driver's treatment fees due to the condition of Article 22. Second, the fund is solely responsible for compensating the bodily damages that the driver for the accident has made insurance insurance, but due to suspension, cancellation, stoppage or bankruptcy of the insurer, it is not possible to pay the costs of treatment or loss of money in accidents leading to death or death losses. Thirdly, the driver blamed the accident on purpose. ‌

in accordance with regulations in the Compulsory Insurance Law, In some cases ,The Bodily Damages Supply fund are required to pay physical damages to the damage caused by vehicle accidents. by interpreting the word " disadvantage " , referred to in article 22 of the new Compulsory Insurance Law authorized in1395, all persons affected by the suspension or cancellation of the license of the insurance company or the issuance of a moratorium on bankruptcy or bankruptcy. third parties and the driver behind the accident have the right to visit the fund for damages . Note one of Article 22 of the new Compulsory Insurance Law authorized in1395, It stipulates that:" The court is required to act on issuing the decree transferring the property and property of the insurer to the extent of the payments and damages incurred by the fund". There is disagreement about the nature of the fund 's right to transfer property and insurers 'assets to him . It seems that , in accordance with this clause , after seizing insurers' property according to the general terms , it is merely a privilege for the fund to enter into procedures related to the " sale of confiscated properties " in the implementation stage and recovery of damage at a faster rate . In other sense, the fund's demand is only ordinary demands, which after the seizure of the insurer's property according to the general terms, is only due to the removal of paperwork related to the sale of confiscated properties relative to the restitution of the fund. Also , with regard to the texts mentioned in Articles 53 and 60 of the establishment of the Central Insurance Authority of Iran and relate Insurance company and Article 58 of the Department of purification of bankruptcy , the assumption of the stoppage and bankruptcy of the insurance institution is subject to the inclusion of the clause of a matter of 22 exit points . It is suggested That In subsequent amendments to the provision of compulsory insurance law, to match this provision with other statutes, the provision of a reduction in the supervision of the executive court in the case of the suspension and cancellation of the insurance company 's license to the third party insurance and insurance policy. Also, according to legal terms, dues are also included among the property pillars of the individual, the statement of the word property in the expression contained in the clause of a matter of 22 is sufficient and the word of assets should be excluded from this clause.

"Nahleh" is one of  the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

 Some women congenitally or due to illness have no uterus and are unable to conceive. But fortunately over the last decade it has become possible for them to become pregnant through a uterine transplantation. The purpose of this study was to jurisprudential investigated of uterine transplantation.

 This article is written by descriptive-analytical method and using library resources by taking notes.

 Some believe since uterine transplantation is risky for the donor, the reciever and the baby and it is not life-saving, and the woman without a uterus is able to experience childbearing through alternative methods, this practice is morally unacceptable. However, by studing the rules and principles of jurisprudence, it can be said that uterine transplantation is justifiable. It is worth noting although uterine transplantation is risky for the donor; this amount of risk can be justified by reasons such as the principle of dominance. Also, the sanctity of the harm to the reciever is lifted based on rules such as urgency, denial of hardship, etc. It should be noted that although there are alternative methods of childbearing for women without a uterus, but for some people, these methods are not desirable and they prefer the fetus to be in the wife's uterus. From a jurisprudential point of view, human beings have the right to have children, and since Permission in the object is also considered permission in its accessories, therefore uterine transplantation as a prelude to having children in a person without a uterus is allowed.

Man is a voluntary being, and having this quality causes human responsibilities to be borne And if a person is reluctantly influenced by her will, it is not possible to hold her responsible to some extent. Of course, this view is foreseen in the discussion of the general rules of contracts and criminal liability in the laws of Iran and France, but the Iranian legislator has been silent on civil liability law. Scholars of Islamic sciences have addressed this issue in jurisprudential books and disagree on some issues, including the issue of reluctant murder. The Islamic Penal Code legislates the punishment of the reluctant person, but in the legal field, Iranian jurists, in their books on civil liability, briefly refer to the books of jurisprudence and related laws, but a special rule for It has not been predicted. Carefully in the laws of Iran and France, the need to provide separate materials for the issue of reluctance in civil liability of Iran due to the growing importance of civil liability and to prevent disagreement in the judicial process has been felt and the proposed materials have been presented.