مصطفی هراتی

In today's world, artificial intelligence is increasingly gaining attention due to its ability to solve many real-world problems. This technology has penetrated various fields such as medicine, banking, and manufacturing. Despite the significant expansion of artificial intelligence in these fields, it does not have a prominent position in law yet. Artificial intelligence (AI) is increasingly driving advances in technology and business. It is widely used in various industries and the effects of artificial intelligence can be found in almost every aspect of creativity. The development of artificial intelligence is facilitated by large volumes of data and increasing available computing power. Legislators should make the necessary effort to identify it, especially since artificial intelligence has brought various aspects of the legal world under its influence, such as competition and business rights. In competition law, we try to make a fair balance in obtaining profit and economic benefit between different words, but this new technology has challenged the principles of competition law in practice. it should not be interpreted as a legal problem. We should obtain maximum utilization by creating a peaceful legal coexistence between these two institutions. This paper seeks to investigate the existing gaps by comparative study.

The normal situation of concluding a contract indicates that the parties in the Qur'an of creating intention and consent, after examining all the conditions and circumstances related to the contract, reach a final decision. In addition to this normal case, for some reason, preliminary agreements may be made on the conclusion of the final contract, which creates legal effects. In general, the unilateral obligation to sell and the right of priority agreement are two common legal forms in concluding the main contract, which, despite the similarities, should be considered as two independent legal entities with different legal regimes. The subject of this research has been the subject of controversy between jurists and the jurisprudence in terms of concept and nature, which in the recent amendments of the French legislature has sought to identify it as a preliminary institution of the contract to have the necessary effects on it. N. In this article, an attempt has been made to examine the concept of this legal establishment along with its effective functions and to determine its place in Iranian law.

Numerous works and principles can be extracted from the concept of contract. The principle of binding implies that the parties implement what they have undertaken. Therefore, the possibility of transferring obligations from one of the contracting parties to another seems contrary to the principle. Therefore, the consent of the other party is a necessary condition. On the other hand, some people believe that the contract has a kind of economic tax and, like other property, it can be transferred. On this basis, jurists use a term called contract transfer, which is common in Iranian and French law, many aspects of which remain unknown. The authors of this article in this research with a descriptive-analytical method, considering the recent amendments to French law, examine the legal nature of contract transfer, try to fill the gaps in Iranian law in this field by providing the necessary proposals and On the other hand, explain the need for effective identification of this legal entity

The fulfillment of contractual obligations has always been considered by the legislators and the parties to the contract as a principle that helps to strengthen the contracts. The legislator has envisaged various solutions for the compulsory execution of the contract, and the parties, having such concerns, have been in a position to meet the conditions of the contract, such as the condition of termination or conditional termination of the contract on non-fulfillment of obligations, including have been. The basic nature of the dissolution condition is based on the non-performance of the contract. In recent French legal amendments and line with other EU laws and regulations, the termination clause, which was previously recognized by jurisprudence and doctrine, has entered the legal field. There is a legal gap in Iranian law in this regard because the Civil Code in Article 264 does not mention it as one of the causes of the fall of the obligation, in addition, jurisprudence does not have a clear statement in accepting this legal concept. It seems that according to the general legal and jurisprudential principles, the condition of dissolution is acceptable. But this power must be given to the judge as a measure of the condition of an unjust termination so that contractual justice is not jeopardized.

The civil law of Iran and France has several guarantees for the fulfillment of contractual obligations, and the obligation is one of them. The legal nature of this type of non-enforcement guarantee has been the subject of much legal research. The issue is important because its amount is significant in some cases and the imbalance in economic value between the obligations arising from the contract and the obligation can be seen and that the authority of the judge in Iranian law to review it is limited. Be. In recent amendments, French law, in addition to defining the concept of this guarantee in other clauses, has explained the legal regime, but ambiguities remain in order to identify the criminal nature of the obligation and distinguish it from other guarantees of non-performance of obligations. The analysis of the above cases and the possibility of its application in Iranian law is the motive of this research, especially since an important part of the lawsuits is the demand for obligation and it is necessary for the legislator to fill the legal gaps in this field and from a classical point of view. Give up.

The relationship between ethics and law has long been a point of contention between jurists and philosophers. In general, there are two views, classical and modern; The first view implies that there is a fundamental difference between these two branches of science because each has its own requirements. Law deals with social phenomena and regulates relations between the general public, and it is on this basis that public order and public interest are understood, while morality pays attention to the secrets of human beings and pursues the mission that every According to his nature, a human being tends to goodness and stays away from sin. The logic of the classical view has been criticized in modern theory, arguing that law is a dry and inflexible concept according to the classical view, while law must pay attention to ethics because the basis of law is based on ethics. Existence of ethics is observed in various aspects of law, including obligations and contracts. In this article, an attempt has been made to examine the place of ethics in the law of obligations in the laws of Iran and France in order to fill the legal gaps.

The theory of unpredictability originated in French law and has undergone a historical transformation. This theory considers changes in the terms and conditions surrounding contracts. In principle, the parties to a contract declare their wills after considering all matters related to the subject-matter of the contract, and it is their intention not only to take account of the current circumstances, but also to foresee future changes and possible developments. However, the process of fulfilling obligations may be hampered by the occurrence of unpredictable events. In this situation, two scenarios are conceivable: the implementation of obligations may be practically impossible, or it may entail excessive financial costs. The first type is known as force majeure while the second is the subject of the theory of unpredictability, where negotiation to modify the contract is suggested as a solution.In its recent amendments to the Civil Code, the French legislature, while accepting the theory of unpredictability, gives the judge an unfettered discretion for the modification or dissolution of contracts. Article 1195 of the French Civil Code is intended to recognize, as a rule, the modification of contracts in the event of unpredictable conditions that makes performance difficult. This legislative measure has realized one of the aspirations of lawyers because the judicial procedure, and the judge in particular, have not been able to change the contracts, and on the other hand, if such an action is permitted, the security of legal and economic relations in a society will be in danger. French judges, however, now have the necessary authority to modify contracts as a matter of enforcing the rule of law. The law speaks of the difficulty of fulfilling obligations, but does not provide specific criteria for it. It might have been found impossible to suggest criteria because the difficulty of fulfilling obligations varies from one contract to another, and it is the judge that, by examining the surrounding elements and by obtaining expert opinions, can conclude whether there has been difficulties in implementing the contract.In Iranian law, the need to provide for  a modification mechanism is more pressing now after the imposition of unilateral sanctions on international contracts as well as severe economic instabilities due to a variety of factors including the COVID pandemic. Due to the lack of specific legal provisions on contract modification, the courts decide about the modification according to the spirit of the law, general legal principles and the implicit agreement of the parties. Judges of Tehran courts have recently discussed the implementation of continuous contracts affected by the COVID in their meetings, and it has been suggested that if the conditions of force majeure are met, the party in failure should be exempted from the obligations and the compensations provided for the breach in the law or in the contract. The fact that the National COVID Committee has decided to allow the extension of lease agreements with a limited authority being conferred on the lessor to adjust the rent also indicates that the theory of unpredictability is not alien to the Iranian legal system.This article, using descriptive-analytical method, and taking into account the differences in the sources of law between the legal systems of Iran and France, will examine the legal nature of this institution and distinguish it from others. It will address the question whether the proposed solutions contribute to the economic dynamism of the contract law and will conclude that the contract has several economic and legal effects for the parties and these effects are long-term, so the need to modify the contract is paramount. On the other hand, considering that Iranian law is in many ways inspired by French law, this legal system is amenable to this theory on the basis of its general legal principles, although no specific legal text expressly upholds it.

The requirement of contractual relations is based on the fulfillment of the obligations of each party. However, sometimes the obligor refuses to do so, on condition of anonymity. The policy of the legislator in this situation is based on maintaining the solidity of the contract, trying as much as possible to maintain the legal relationship, and it has considered several solutions to this end. Iranian religious jurists have explained in detail the title of the right to withhold performance in case law in one of the methods of obliging the obligor to coerce and Iranian civil law has stated in its provisions without specifying the title in various topics. On the other hand, the term of the right of suspension is based on the objection of non-performance in European law, and the French legislator emphasizes that the non-performance should be essential, but in Iranian law, the concept of essential non-performance is not defined. The right to withhold performance is a concept which derives particularly from Imamiah Jurisprudence and is fundamentally different from the right to suspension. The authors of this article attempt to analyze the concept of the right of suspension and objection to non-performance of obligations and to distinguish it from the right to withhold performance by an analytical-descriptive method and by using valid case law sources, legal works in Iranian law and taking into account recent reform of French law.

Although legal doctrines have provided a more conceptual sense of direction, the position of direction cannot be ignored as an essential element in the conclusion of a contract. The French case-law has repeatedly emphasized the need for direction. In the event of a continuing contract, the contract shall be terminated if at any stage of the performance of its obligations in order to remove it. Some jurists see the contract as a dangerous tool in civil law. That is, contractual obligations are precisely distinguished from non-contractual obligations and have a different function. Civil liability is based on restoring the current situation in order to restore the situation. In the event that a person inadvertently uses another's property, compensation is the first guarantee of enforcement. However, contractual obligations are primarily about the future and its dynamic power to change the status quo, and accordingly, German jurists refer to the contract as the king of private law, although French civil law refers to it as a law between the parties. He knows. Direction in the field of contract law has been considered as a means of dangerously restricting the contract, and Iranian civil law and former French law have considered the existence of a directive along with other essential requirements. There are two main functions for the legislators of these two countries: First, it is a means of justifying contractual obligations, in other words it explains the cause and why of the obligation, and we do not seek to justify the plaintiff's willingness to conclude the contract but merely to seek his purpose. We are committed. The contractual direction of the exchange must be crystallized in the form of a contractual exchange, and the objective aspect is that each party considers that the recipient has a right to exchange for itself, which would create a relationship between the borrowers and justify the economic equilibrium of the contract. On the other hand, the binding force of the obligations is also based on such an analysis. Alongside the objective aspect, we see in the irreconcilable contract the vague and glaring aspect of the direction, the person pursuing his property to another without receiving the bastard, excluding the undertaking of the subordinate aims, merely acquiring his exemption. We identify it as a direction. Secondly, it is primarily about trading as a factor limiting contractual freedom. The parties have the necessary and complete freedom to conclude contracts and legal relations, but this freedom is limited to the fact that the public interest and order of the community is not impaired. In the new French law, the principle is the satisfaction of the contract, and the contract derives its power from the agreement between the parties, and the conclusion is that the contract comes from elements such as intent, relevance and specific purpose, and so on. The title of the essential element is not intended, however, in other legal instruments of contract infringement based on the necessity of existence. Traditional and classical views point to orientation as an important pillar of the contract and are concerned about the number of remediation projects that have suggested removal. However, it is important to note that Koch is a necessity in contract law because judicial security is provided by this. However, others believe that this security will be maintained with regard to the contractual interest anyway, and traditionally every person tries to maintain his or her interests in contractual relations with others., it should be said that by accepting the direction, the cause of the wrong effect on the essential characteristics and the guarantee of the nullity of the contract, and the ineffective character of the ineffective personality associated with the free contract and its nullity, can be justified. In the first case, the contract direction is confused but in the latter case the contract direction remains unaffected. Iranian law can be recognized as a progressive and advanced law by adopting French law and adhering to the principles of Islamic law. Commitment is not considered as one of the basic requirements in contract formation and Article 190 of the Civil Code deals with the transaction. Therefore, I, as a whole, has not been the legislator as one of the essential requirements in the formulation of the contract in question, and only if it stipulates the legality of the contract is a condition of validity and a factor in the influence of the contract.