علیرضا مظلوم رهنی

Numerous surgeries are performed daily, some necessary and some unnecessary. With the advancement of medical sciences, the rate of medical errors has significantly decreased and in most cases, skilled physicians begin the treatment process forpatients by conducting initial procedures and necessary tests. However, not all surgical procedures are performed with the patient's full consent, leading to damages and losses to patients, whether material, moral or physical. Various factors may contribute to harming the patient, such as medical errors in diagnosis, the prescription of incorrect medication, the physician's lack ofrequired skills, or sometimes the patient causing the accident and damage themselves. Among all other damages, moral damages are particularly noteworthy. These include disfigurement of the patient's appearance and limbs, leading to distress and isolation.

This article employed an analytical descriptive approach to investigate and study this subject in Iranian law. The methods proposed for compensation of moral damages primarily include punitive damages, actual damages, providing an equivalent, and non-financial methods, such as apologies and publishing the verdict in newspapers.

However, despite the clarity of the compensation methods, these methods are sometimes not quite suitable for the subject .

In such cases, it is more effective to consider alternative methods to compensate for the damage, focusing on the circumstances of the injured party and what would alleviate their distress, ensuring that the damage is fully compensated. In other words, attention to the legitimate and feasible remedies sought by the injured party, while maintaining the injurer's rights under the law's supervision, is proposed for better compensation.

One of the important issues of financial relations between couples is the reference of the wife to the dowry of the husband, especially the reference to the dowry, which is a subject of discussion and opinion and is one of the issues affecting the society. The purpose of this article is to examine the mentioned topic from the point of view of jurisprudence and law.

The research method in this article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical Considerations:

 In this paper, the originality of the text, honesty, and trustworthiness are respected.

The findings showed that the wife's recourse is in two forms: mabhajl (redemption) and roju'a from the dowry gift.Production and employment are not directly mentioned in Islam, but the importance of production and employment can be inferred from numerous verses and traditions. In other words, in the verses and narrations, numerous indications of the basics of production and employment to create prosperity and fight against poverty can be inferred. From this point of view, the use of natural resources (land), labor force and human management are the most important jurisprudential mechanisms of production and employment. Also, the production and application of knowledge, the use of expert staff, double work, proper management of resources, economic jihad and promoting the culture of consumption of domestic goods are among the most important mechanisms for the realization of the knowledge-based economy.

Regarding the role of knowledge-based economy in production and employment and therefore economic development, it is necessary to formulate policies in line with the production of knowledge and the use of expert and efficient forces. The subject law has also accepted the opinion of famous jurists.

Civil liability and compensation for moral damages are important issues that have always been considered by lawyers. Compensation for damages of a damaged person is an important principle which a legislator should paid special attention. The issue of beauty defects is one of the important and common examples of moral damage in today's society. This means a person loses his/her appearance and beauty for various reasons, and this causes psychological damage and isolation. However, the difference in compensation for spiritual damage and the difficulty of its assessment causes inadequacies. To undertake this line of research, methods of compensation for moral damages have been addressed using the descriptive-analytical method. As a result, among the methods presented for compensation of the moral damages, the methods of restitutio in integrum, equivalent compensation, symbolic compensation, and punitive damages can be noted. The findings of the study reveal that the compensation methods in the Iranian legal system is inefficient. Therefore, attention has been proposed to the injured party in the method of compensation. It seems presenting a new methods can facilitate peace of mind for the damaged. Thus, one may achieve the main goal of damage compensation.

The current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders.

Reference is one of the important topics of jurisprudence and law, which has not been discussed much in its various dimensions and examples. One of the examples of referral is the discussion of the seller's referral to the seller in a situation where the Teflis option is bankrupt and cannot pay the price. The purpose of this article is to investigate the question of what is the approach of jurisprudence and law to refer the seller to the seller in case of bankruptcy of the Teflis option? This paper is descriptive and analytical using library method.Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected. The findings indicate that there is a difference of opinion regarding the recourse of the seller to the seller in case of bankruptcy of the Teflis option in the form of Tbilisi option. Some are in favor and some are against explaining the Referral of the seller to the seller in case of bankruptcy of the Teflis option. In the opinion of jurists, Referral and option are often gathered in a single opinion and assumed instead of each other. Most of the lawyers also believe in the return of the seller and, in fact, the seller's recourse to the seller in case of bankruptcy of the Teflis option. The existence of the seller, the bankruptcy of the Teflis option, the arrival of the delivery date of the seller, is proof of the bankruptcy of the Teflis option. The most important objection to the seller's recourse to the seller in case of bankruptcy of the Teflis option is that the Tbilisi option causes the sale to be terminated, but the sale is not terminated in the case of the seller's return and the seller's right to refer to the seller. Therefore, it seems that the seller's return and the seller's right to appeal to the seller are of a special nature, which is somewhat different from the Teflis option.

In general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permission, and these tools of permission are not specified between the permission and the permitted person, but based on reason, this perception is created for the permitted person. There are factors in obligations that explicitly and implicitly limit it. Therefore, the purpose of this study is that permission and its functions can limit the obligation as a component, and this question is also raised as to how and to what extent the limitation is. Via examining a the descriptive-analytical method in jurisprudential and legal texts, permission is used as a component in obligations, and its tools and functions implicitly change the limits of the obligation and cause the increase, decrease, or cancellation of the obligation. Considering the past and present, no significant definition of permission has been seen in jurisprudence and law, and its legal nature has been a point of dispute and has been divided in different ways. In addition to the fact that permission has an explicit effect on the limits of the obligations, it is also implicitly effective and changes the limits of the permitted person’s obligations, and in some cases, in addition to the illegal possession, it will also have the effect of removing the guarantee. Therefore, the functions of permission are not merely limited to permission or permission in a legal event, but also in legal actions, and based on that, the limits of the obligation can be specified and determined, and the effect of possession can be considered useful. However, regarding the negation of the guarantee resulting from it, there are differences in different branches of Islamic jurisprudence (Fiqh) and law.

People of the society create relationships based on their needs and in order to meet them, and do transactions based on that. Considering that the role of jurists is to identify the rules that govern these relationships, with the stipulation that Islamic government should also consider Shariah rules, on the same basis, in this article, in the light of jurisprudence and legal rules, ignorance of the transaction in futures and forward contracts in the capital market is examined.

The present paper is descriptive-analytical and the library method is used.

Ethical considerations:

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

The most important drawback of derivative contracts of option, futures contracts and forward contracts in financial markets is these transactions being aleatory or speculation. Uncertainty of the object of transaction and ignorance of its characteristics from a jurisprudential and legal point of view and also the high risk of the transaction question the legitimacy of the transactions and contracts. Because according to Iranian jurisprudence and law, it is necessary for the object of transaction to be transparent and clear, or at least for the general situation to be clear and specific.

By clarifying the characteristics and conditions of the transaction and its parties in the capital market, the problem of ignorance about the transaction in futures and forward contracts can be resolved. This is possible in the light of transparency in the capital market.

In obligations, there are factors that can delimit it and cause it to change or void. good faith is one of the elements that can make a difference. In French law, previously, good faith was considered effective merely in the performance of the obligation, but by amending its law in 2016, it extended it to pre-commitment negotiations and the creation of an obligation. Goodwill has been used in both general and specific meanings. The effects of that in delimiting obligations are different in the general and specific sense. Goodwill works in the general sense appear in the role of mistake, and in this regard, the laws of Iran and France have similarities and differences other And in a special sense, it is crystallized as a lack of information or dishonesty in behavior in this regard, Iran's rights do not have a common path with France and in some cases, it is not even recognized.

The compatibility with the requirements of the contract, according to clause 1 of Article 233 of the Civil Code, is one of the special conditions of the correctness (validity) of the condition. However, it is silent about the basis of the nullity of the repugnant condition and it is also, silent about what the criterion is in determining and distinguishing the requirements of the substance from the absoluteness. Therefore, the mentioned ruling (judgment) is not comprehensive and clear and is insufficient. This shortcoming and obscurity have caused a difference of opinion among civil rights authors. First of all, the authors by descriptive-analytical method enumerate and explain the theoretical foundations of the aforementioned ruling, including rational proof and narrative proof in jurisprudential works, and then, selects the theory of the elements of contracts among the interpretations available in the criterion of distinguishing the necessity of the substance (essence, nature) from the application. Therefore, any condition which is contrary to one of the general or specific elements of the contract, because of the contradiction within that condition in relation to that contract, is an obstacle to the realization of the contract and against the requirements of the nature of the contract.

Inconclusive cause is regarded as a topic with relevance in both civil and criminal law, with its application in areas where the perpetrator of the damage is unknown. Findings of this study, which have been conducted through the practical-analytical method of research, show that 4 views related to distribution of responsibility exist; First, neither is responsible since fault of no-one can be proven. Second, they have shares responsibility. Another view places the responsibility on the State, and the damages are payable via insurance funds or public funds (Bait-al-Maal). Based on the findings of another view, emphasises on balloting (lot), which was also accepted in the previous Islamic Penal Code of Iran. In French law, if the plaintiff has filed lawsuit against a group under the principle of error, the jurisprudence does not base the liability of each member of group, but takes into account their collective error. In Iranian Civil Liability Code, partaking in a group, a member of which has conducted an error result in shared responsibility for all members of that group.

In special situations, including the spread of the corona virus, if due to the large number of patients, there are not enough facilities and equipment to treat all patients, in such a situation, there will be a conflict between saving the life and health of the patients, and doctors should first of all do their best to treat all patients, but if it is not possible to treat all of them due to the lack of facilities and equipment, we will face the rule of "confluence" and in this situation, it should be based on the provisions of the confluence rule and the preferences of conflict, such as " Let's choose a group of patients for treatment. Of course, we should not associate this selection based on the concepts and ideas that have been proposed in the theory of Social Darwinism.Because Social Darwinism is a belief and a theory based on which the strongest and fittest should survive and grow and develop, while the weak and featureless should be left alone to perish. But the selection that we are interested in in the discussion of Tazham is a choice that is based on the standards of reason, logic and society's expediency and not just a racist choice and... And on the other hand, if there is a conflict between saving the life and health of patients and saving the life and health of doctors and medical staff, doctors and medical staff should save the life and health of patients for the sake of the "general interest of society" over saving their own life and health. and they cannot refuse to treat patients for the sake of saving their lives.

According to several laws, including Article 47 of the Constitution of the Islamic Republic of Iran, as well as Articles 30 and 31 of the Civil Code, the property of individuals is respected, and in Article 22 of the Constitution, the legitimate property of individuals is under the comprehensive protection of the law and immune from attack. In this way, the law does not provide a right for owners to harm others and violate public interests and rights, as well as rights for illegitimate ownership. In many cases, the legislator has stated the exceptions to the rule of subrogation, among which we can refer to the laws related to the expropriation of property of individuals or the limitation of ownership of individuals. Since the municipalities, as the trustees of the city and also according to the law, implement most of the laws and regulations limiting property rights that are approved by the legislator, Islamic councils of the city, the Supreme Council of Urban Planning and Architecture, etc. Therefore, according to citizens, municipalities play the biggest role in limiting the exercise of property rights in cities. According to Article 10 of the Law on Organizations and Procedures of the Administrative Court of Justice, it deals with people's complaints against the municipality and, as the case may be, the implementing agencies of negative or limiting ownership laws and regulations, etc. Also, in cases where people claim that the approvals, circulars and regulations of the city's Islamic councils and other competent authorities are in conflict with the law.

As a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; Intellectuals, social reformers and legal scholars are also aware of the importance of the issue in every society and pay special attention to the proper implementation of protection for the imprisoned. Due to the fact that the management of the property and interests of minors, madmen, non-reshid persons, etc. has different aspects and includes many examples. Sometimes it happens, however, guardians, legal guardians, judicial authorities involved in financial affairs, etc., in financial and non-financial affairs, come across cases where two interests are placed against each other, to determine which of the conflicting matters From the Shari'a, moral and legal point of view, it is against financial gain; There is no specific rule. In this regard, there are shortcomings and abridgements of the laws, and the decisions of guardians, guardians or legal guardians may be contradictory in different cases, which is not compatible with justice. In this research, we will analyze the issue by examining the "expediency of prisoners in Quranic studies and law".

Urgency is one of the cases that can be cited as examples of disclaimer, and in Iranian and British law, the literal meaning of urgency is not separate from its legal meaning. Civil liability in the legal system of any country is considered an important category that can be referred to as the responsibility of the government, judges, doctors, drivers, etc. Loss is the main pillar of urgency and civil liability and in this article, it is important to examine the urgency in terms of how to compensate damages in civil liability. Emergency conditions are effective in many contracts and may cause the suspension and termination of contracts and inaction. Obligations in the law and governments have issued special laws to address this situation and overcome the crises that threaten the country. Finally, it can be concluded that if a person harms another in an emergency, he is not absolved of responsibility at all, although the distressed person may be obliged to pay full compensation.

In all legal systems, it is possible for a judge to err in the course of the proceedings. Therefore, an attempt has been made to find a solution to a mistake, even in a final judicial decision. The subject of the present article is "the tendency of the validity of verdicts in jurisprudence and law with a view to Article 477 of the Code of Criminal Procedure." The purpose of choosing a topic is to examine the obstacles, problems, challenges and shortcomings that exist in this field. In principle, given the rule of validity of the final judgment, the number of final invalid votes should be small, but in practice it has been seen that the number of invalid votes is higher than expected. The legislator has not provided a specific definition of the pillars and conditions of this concept regarding the illegality of final votes, so we have to review each of the principles and sources of violation of final votes that have a negative effect on the validity of the votes.After stating the generalities, the researcher has tried to protest against the final verdicts, including the retrial of the subject of Article 474 of the Code of Criminal Procedure, approved in 1392, and expressed their strengths and weaknesses, and presented the suggestions and results of the research in this regard.

Criminal procedure is the manifestation of the confrontation between "security" and "freedom", in other words, the scene of the challenge between public order on the one hand and the protection of individual rights and freedoms on the other. In this fear, the process of obtaining evidence in order to identify criminals and prosecute them is one of the most important steps in the investigation and the place of serious conflict between individual rights and public power. The fundamental principle governing this process, namely the principle of freedom to study reason, is the necessity of studying reason in every possible way in order to restore the lost order of society, and its actions certainly violate the individual freedoms and privacy of citizens. The factor that creates the balance is the legitimacy of the study of reason in our law and the valid rule of not recognizing illegitimate arguments in the common law system. Therefore, in this article, we will try to study and analyze this issue.

The present article seeks to examine the legal challenges of land acquisition and acquisition in oil and gas industry projects. From this perspective, after expanding the conceptual space of the subject, it will examine the laws of land acquisition. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this research is library. The article raises the question: What are the challenges in acquiring and acquiring lands in oil and gas industry projects in Iranian law? In response to the main question, it is assumed that "the problems arising from changes in laws and structural changes in the oil industry, the challenge of multiple laws in general and in particular, the lack of modern technology, the challenge of conflict between copies or law allocation Articles of Association and managerial problems in education and acquisition are among the challenges in this area. An agreed contract between the oil employer and the oil contractor is essential.

Civil liability is one of the ways of compensation that is considered today in both civil and criminal matters as a guarantee. Hence, it raises huge questions about what it's like for bank employees or executives as legal entities. For example, if the customer lends his cash or other movable deposits to the bank, and if he returns and requests cash or any other deposit, he encounters an obstacle and for some reason the cash is lost or is not available for any reason, and this case Due to the negligence of the bank and its employees, it should be examined who is responsible for the civil liability (whether legal or real); In this case, issues such as the rules governing civil liability as well as topics such as fault, loss, loss, civil liability, conditions and characteristics of liability governing banks, etc. are discussed. Therefore, stating all the elements of civil liability as well as its types regarding the liability of banks to the customer is one of the basic necessities now that we will first express the concepts and background and then the fault of bank employees and the rules of liability and full and reasonable compensation. Customers are paid by the bank.

This article examines the nature of government liability and civil liability for fiscal policy. According to the thematic documents presented in this study, the question is what differences and similarities are observed in the study of civil liability resulting from government fiscal policies in the legal system of Iran and the United Kingdom? In response to the article's question, it is assumed that: "Civil liability arises from the fiscal policies of the main government accepted in the two legal systems of Iran and Britain, which in Iran arises from the rule of fault, but the three legal rules from liability due to recklessness, liability Intentional fault and no-fault liability form the basis of civil liability in the English legal system. Based on this process, the results obtained in this paper are that first; In the Iranian legal system, the theory of serious fault has been mentioned in some laws, such as insurance laws, maritime law, etc., but in the laws related to the formulation of fiscal policies, little attention has been paid to this issue, which shows that the English legal system Government civil liability for fiscal policies is more explicit and transparent. In English law, moral damages are often compared to material damage and it is considered as damage that is caused to personal spiritual property and consists of two parts, social and emotional, while in the Iranian legal system, this issue is not discussed.

There are some factors that can pose limit before the performance of obligations and cause obligation to be changed or terminated at all. These factors can have legal or voluntary origins, each of which can be explicit or implicit. Among the factors of administrative origin are the conditions of construction or collusion that can change the obligation. The parties to the obligation in this condition agree to the obligation before or during the contract and make the obligation based on it. The masonry condition without an obligatory statement can be based on the implicit will to change the limits and this can be either increasing or decreasing the obligation and is applicable in property and related rights of individuals and can be an obligation committed to the development and/ or reduce and finally, if not committed to it, could cause the termination or invalidity of the obligation by the parties.

One of the controversial and challenging issues in jurisprudence and doctrine is the transfer or non-transfer of the right to evict the tenant, which was created during the ownership of the former owner, to the new owner. Considering the significant financial aspects of this right, determining the duty regarding this issue is very important. The current research is of a theoretical type and its method is descriptive and analytical; The tool for collecting information is library-based and by referring to documents, books and articles. both general approaches of transferring and not transferring the right to eviction can be identified with different arguments in judicial opinions and legal writings.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The right to vacate is not one of the rights that can be transferred along with the property, and vicegerent does not have an example in it, so the transferee as a special vicegerent will not be able to invoke the right to vacate created during the time of the former owner.

Digital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose.

Before drafting the contract, following preliminary negotiations or on the basis of Islamic business practice and custom, the parties may accept some requirements and make the contract based on it, but do not specify it in the contract or do not need to repeat it in the text of the contract. A dispute has arisen in the validation and identification of the condition agreed before the contract, which is also called banaee, tabani or tavati condition, and the extent of the effect and influence of the condition included in the contract to such conditions.Since the tabani condition is not in the scope of composition and is a preliminary condition, the validity and origin of its effect and the extension of the effect and influence of the condition in the contract to this type of agreement which is neither explicit (conformity) nor implied (implicit) ) is not mentioned in the text of the contract, it is not easily possible and its acceptance faces harmful legal consequences and serious obstacles at the stage of soboot( as something is in reality) and esbat(as we think something is).

In today's society, the importance of the subject of documents and their registration is not hidden from anyone, because with the development of societies and the growing growth of commercial transactions, the development of trade and internationalization of trade, everyone has made people feel some kind of security in transactions. And this issue is taken from the dynamic and appropriate registration system. Therefore, the present study, which seeks to examine the conflict of documents in Imami jurisprudence and Iranian law, after expanding the conceptual space of the research subject, will examine the conflict of documents. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this dissertation is library. The findings of this study indicate that: First; It seems that in the conflict between a formal document and an ordinary document, the official document has more positive value and power in terms of enforceability and has priority, secondly; It seems that in comparison between official and ordinary documents, official documents for reasons such as having evidentiary power, legal effect of official documents in creating confidence in the judge that the personal claim is correct and having both positive and affirmative aspects on ordinary documents. It is preferable, thirdly; In Imami jurisprudence, it seems that in the conflict between the official and ordinary document, the principle is the impossibility of conflict.

Basically, after the conclusion of the contract, which can sometimes be very long, is the stage of implementation and fulfillment of mutual obligations, which arises in the first place from the authorized intention of the parties, which is based on the principle of freedom of contract and is manifested in the contract documents. Although the parties state their claims in the contract documents according to the principle of freedom of contract, these freedoms are subject to legal restrictions. On the other hand, the behavior of the parties to the contract is very important in how to fulfill the mutual obligations contained in the written documents of the contract. But it has not been widely cited in British courts. It should be noted that in all legal systems based on the rule of will of the parties in contracts, the subsequent behavior of the parties is considered the source of interpretation of the contract. Therefore, in Iranian law, despite the lack of specification, it can be accepted that by fulfilling the above conditions, the subsequent behavior of the parties in interpreting the contract can be cited. In the Convention on Sale and International Documents under study, despite the disagreement, it is accepted that the subsequent behavior of the parties can resolve the ambiguities in the contract, and explicitly the subsequent actions and behavior of the parties in interpreting the contract and clearing the ambiguity is considered.