دکتر علیرضا باریکلو

The condition of maximum effort is one of the conditions of contemporary commercial contracts and the result of innovation in international commercial contracts, which is very important in terms of its impact on contractual interpretation and obtaining the desired result. In this article, the concept and basis, the effects and criteria of fulfilling the condition of maximum effort in the laws of Iran and the United States of America.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.

Ethical Considerations:

 In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

If the judge cannot determine the level and amount of effort from the evidence and the circumstances of the subject, he declares the condition ambiguous and unenforceable.

The condition of maximum effort is justifiable and valid in both legal systems, and even in some regulations, it has been specified that it must be observed in some contracts. However, in terms of enforcement and judicial obligation, despite the occurrence of doctrine and courts on the emergence of the condition of maximum effort on the need to perform a higher level of effort than usual, it may face an implementation problem.

With the progress of science and technology and the dynamics of the global economic market, new contracts have entered the legal systems of developing countries, including Iran. Construction sectors have been slower to embrace digitalization compared to other industries. Building is one of the necessary products for every activity and social life, which according to the practical goals, various expertises are involved in its construction, which is not possible for a single person. In addition, the construction industry in Iran is facing three problems: lack of strength, lack of up-to-date heating and cooling devices or household appliances in general in terms of modern technology and lack of intelligence. Each of these cases creates a huge cost for the owner and the government. In this article, in a descriptive-analytical way, the original equipment manufacturer's contract was examined as one of the solutions to these problems, and with a descriptive method, it was proved that this contract is completely consistent with the general rules of Iranian contract law, and analytically, the way to solve the problem The trio was analyzed and it became clear that this contract can be effective in solving each of these problems. In this research, electronic summarization using Notespeech software has been used. The original equipment manufacturer contract is a contract in which the product manufactured by one company with the brand of another company is used in the production of goods or product supply. For example, the owner of a registered trademark and brand enters into a contract with a manufacturing company that requires that company to supply its product under the same brand name. The two big automobile industries and the technology industry are among the industries in which the original equipment manufacturer contract is popular. The original equipment manufacturer contract provided a structured framework for manufacturers to produce goods on behalf of other companies, resulting in increased efficiency, cost savings and market access. Any contract is basically concluded to create an obligation to do something. In the text of each contract, obligations are determined for each of the parties that they are obliged to implement.In a market that faces diverse demands and intense competition, companies are more inclined to gain market dominance through new technologies. Because the speed of change can be seen with huge advances in computing power and data analysis. On the other hand, the lack of technological achievements causes a productivity gap in the construction industry. In the original equipment manufacturer contract, manufacturers find a significant opportunity to accelerate productivity increases for their customers through new technology. In today's world, new technologies in the building construction industry not only contribute to economic development, but are also essential for improving the quality of human life. Therefore, in an article published in 2018 by Laczkowski and his colleagues; According to the McKinsey Global Institute analysis, 30% of the lack of productivity in the construction industry can be attributed to the lack of technological achievements. Although smart buildings and subsequently the smart city are not an independent goal in themselves, but rather a strategic and action-oriented concept. However, improving access to suitable housing, energy efficiency, and safe and sustainable buildings are benefits that cannot be easily overlooked. Therefore, the article is compiled in two parts, the first part is related to the description and identification of the main equipment manufacturer's contract, and the second part is related to the role of this contract in the technology of the construction industry. In terms of research history, however, the prevalence of the original equipment manufacturer contract has increased significantly in the second half of the 20th century. But with the more complex and globalization of production processes, not much attention has been paid to this issue and the role of the main equipment manufacturer's contract in construction. Therefore, in this article, which is done in a descriptive-analytical way using library and electrical sources, the role of the main equipment manufacturer's contract in the technology of the construction industry is investigated.Therefore, OEM contracts play an important role in the construction industry by supplying parts, machinery, and technology, and the cooperation and partnership between project construction and OEM contracts is a win-win deal. Considering that the construction field in Iran is facing three challenges, lack of strength, lack of security, and lack of intelligence, which can be solved through the contract of the main equipment manufacturer.

The function of contemporary contract law goes beyond its classical function, which focused on the principle of contractual private and mutual interests. So that the function of contract law is to achieve social goals that are mainly to protect the security of legal relationship and necessity of debts payment, and not to harm others, the market regulation function whose main purpose is to support the market institution with three different approaches, -the self-reliance policy and minimal intervention, the transactional policy and exceptional intervention to finding the best solution to prevent the party from escaping the transaction, and the functional policy. Also, economic goals based on specific and case by case strategy such as the relief of hardship policies and general strategy such as economic planning policy of general rules to increase economic social welfare.A transaction with the intention of escaping from religion is a legal act that has caused difficulties in ensuring judicial justice, because the obligee by concluding such a transaction practically deprives himself of financial power and as a result, his previous obligation becomes non-binding according to the provisions related to debt.On the one hand, this situation causes losses to the creditors who have entered into a long-term transaction with the debtor's property in trust, and on the other hand, it causes the trader to benefit unjustly and illegitimately from the legal protections of the debtors, because according to the legal philosophy of these protection provisions, assistance is to the real debtors who themselves did not voluntarily expose them to debt, not those who use these protections as a means to escape from their obligations.In addition, the prevalence of this type of transaction, which leads to the appearance of a transaction without a composition, which is known as a formal transaction, and also the conclusion of a transaction without the intention of implementation, leads to the justice of the law of contracts and the provision of judicial justice, facing a problem in the subject law. to be The explanation of the issue is that the status of any contract can be examined in two stages: First, it is in the identification and legitimizing stage, in which the contract is evaluated in terms of social interests and general goals of contract law. If the transaction was in accordance with the goals of the basic principles, it will be recognized in the structure of the rights of the contracts, otherwise it will be declared prohibited. For example, Gharari transactions are not recognized in Islamic law, because it is against the goals of the basic principles. If a deal in this stage is in accordance with the underlying principles, it will be accepted and then it will be the second stage of its validation in the relations of the parties and in a case-by-case manner, whether the concluded contract has the correctness conditions? Therefore, the compliance of the transaction with the general rules and goals of contract law is referred to as legitimacy, and its non-compliance is referred to as illegitimacy and its compliance with superstructure rules, and its non-compliance is referred to as "nullity". It is worth remembering that although many books and articles have been written about this, but all of them have analyzed the issue from the point of view of validity and invalidity, while this article examines from the point of view of the legitimacy of the principle of the transaction, which according to the principle of respecting the rights of creditors, the trust of the Muslim market. And the social benefits and the need to resolve the conflict, has he considered such a deal as legitimate? In Iran's contract law, "transaction with the intention of evading debt payment" has become a legal problem in contractual relations, because on the one hand, in Article 218 of the Civil Code, such a transaction is considered valid and valid, and on the other hand, in the criminal regulations, It can be prosecuted under the title of fraud and other criminal titles. In this article, in an analytical-descriptive method, while rethinking and deepening the principles of contract law and distinguishing the superstructure and underlying principles, the status of this transaction was investigated in accordance with the basic principles of contract law, i.e. the principles from which the rules governing contracts are adapted.The main question of the current research is, what is the legal status of the transaction with the intention of avoiding debt payment from the perspective of the basic principles of contract law? It seems that the invalidity of this transaction is considered from the point of view of Sharia, because it brings consequences such as harming the creditor's income, depriving the Muslim market of confidence and increasing contract disputes, all of which are considered illegitimate according to Shari'a argumentsTherefore, in this article, in accordance with the general goals and function of contemporary contract law, in a descriptive-analytical manner, the Iranian contract law approach to the transaction with the purpose to escape debt payment was examined and it was proved that this transaction is not compatible with any of these goals so it is necessary to be changed.

The present study aims at examining the family laws in the field of judicial divorce, especially the one based on 'osr wa haraj principle in order to clarify its flaws and shortcomings. Most of the cases that are mentioned in the note of Article 1130 of the Civil Code as examples of 'osr wa haraj, besides the fact that they do not reach the level of such 'osr wa haraj making the continuation of life difficult for women, they cannot be considered as examples of 'osr wa haraj; It may be placed under another title such as mo'asherat bi ma'rouf. Also, mentioning these cases as examples of 'osr wa haraj is against the principle of the negation of 'osr wa haraj, and thus causes an increase in the number of divorces in the society. In family life, the husband must either fulfill all his rights and duties well or divorce the wife. A husband's inappropriate treatment of his wife and failure to fulfill his duties regarding her on the one hand, and not divorcing the wife on the other hand, is injustice against the wife. In this case, the ruler or judge issues a decree on the divorce of the woman on the basis of justice and the need to remove oppression and due to establishing justice in the society.

Contracts are very important tools for regulating business relationships and reducing the risks associated with it. Due to the importance of contracts, it is necessary to be careful in setting them up and consider the key terms and conditions to protect your interests. The purpose of this article is the terms effective on risk management in contracts.
This article is descriptive and analytical. The materials and data are also qualitative and Materials and data are non-qualitative.  data collection has been used in the collection of materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The condition of obligation to compensate contractual damages, the condition of exemption from liability and the condition of force majeure, the change of circumstances and the condition of contract adjustment, the condition of paying the price in currency or gold, the condition of the governing law and the condition of insurance are among the most important conditions affecting risk management in contracts. Contractual allocation of risk based on the principle of contractual freedom and considering the preferences and limitations of the parties in maximizing contractual returns is considered the most effective and efficient method of allocation.
Since the source of risk is a set of certain events or conditions that alone or in combination with other elements cause uncertainty or risk and as a result, effects are actualized that lead to unexpected deviations in the goals of the contract, including profit. or losses, therefore, effective terms on risk management in contracts can lead to risk reduction and help the stability and continuity of contracts.

A transaction conducted with the intention of evading debt payment is a legal act that poses challenges to ensuring judicial justice. By engaging in such a transaction, the obligee practically diminishes their financial power, rendering their previous obligation non-binding according to debt-related provisions. This situation leads to losses for creditors who have entered into long-term transactions with the debtor, as they trusted the debtor's property as collateral. Conversely, it allows the trader to unjustly and illegitimately benefit from legal protections meant for debtors. The purpose of these protection provisions is to assist genuine debtors who did not willingly expose themselves to debt, not those who exploit these protections to escape their obligations.
The prevalence of such transactions, which result in the appearance of formal transactions without substance and transactions lacking the intention of implementation, poses a problem for contract law and the provision of judicial justice. The issue can be explained by examining the status of any contract in two stages. First, there is the stage of identification and legitimization, where the contract is evaluated based on social interests and the general objectives of contract law. If the transaction aligns with the underlying principles, it will be recognized as part of the structure of contractual rights; otherwise, it will be deemed prohibited. For instance, Gharari transactions are not recognized in Islamic law as they contradict the fundamental principles. Once a deal passes this stage, it enters the second stage, which involves validating the contract in specific circumstances and in relation to the parties involved. This assessment determines whether the concluded contract meets the conditions of correctness. Therefore, the conformity of a transaction with the general rules and goals of contract law is referred to as legitimacy, while its non-compliance is considered illegitimacy, resulting in its nullity.
It is worth noting that although numerous books and articles have analyzed this issue from the perspective of validity and invalidity, this article examines it from the standpoint of transactional legitimacy. It explores whether a transaction with the intention of evading debt payment can be considered legitimate, considering the principles of respecting creditors' rights, fostering trust in the market, and promoting social benefits while resolving conflicts. In Iran's contract law, the "transaction with the intention of evading debt payment" has become a legal issue in contractual relations. Article 218 of the Civil Code considers such a transaction valid and enforceable, while criminal regulations allow for its prosecution under fraud and other criminal charges. This article adopts an analytical-descriptive approach to delve into the principles of contract law, differentiate between superstructure and underlying principles, and investigate the status of this transaction in light of the basic principles from which contractual rules are derived.
The main research question addressed in this study is: What is the legal status of transactions with the intention of evading debt payment from the perspective of the basic principles of contract law? From a Sharia perspective, it seems that the invalidity of such transactions is warranted due to their detrimental consequences, including harm to creditors' income, erosion of trust in the Muslim market, and an increase in contract disputes—all of which are considered illegitimate according to Sharia arguments. Furthermore, the findings of this research indicate that transactions with the intention of evading debt payment are inconsistent with the principles of justice, contractual security (which necessitates fulfilling obligations and paying debts), and the legitimacy of the transactional purpose. Therefore, due to their lack of authenticity and validity, they cannot be considered legitimate according to principles like the rule of dominion and the principle of the sovereignty of will.
While freedom of contract and the sovereignty of will are fundamental principles in contract law, their real function is to establish a foundation and create a framework for the rules of contract law. Contract law comprises two categories of principles: basic principles and governing principles (superstructure). A transaction with the intention of evading debt payment does not necessarily conflict with fundamental principles of contract law, such as the principle of authenticity, as these principles primarily govern the relationship between the parties involved in the contract. However, in terms of basic principles such as the principle of security, the necessity of fulfilling obligations and paying debts, closing legal avenues for evading execution and fulfillment, ensuring justice in legal relations, and preventing support for illegitimate goals, a transaction with the intention of evading debt payment contradicts these principles and cannot be supported.
Such a transaction also goes against the goals of contract law as it has illegitimate objectives and purposes. The philosophy underlying contract law is to uphold legitimate goals while preventing illegitimate ones. Therefore, it is necessary to revise the judicial and legal approach to such transactions in Iran's contract law. Based on the underlying principles, transactions with the intention of evading debt payment should be unequivocally deemed illegitimate and void.

Although ‌ Administration of justice in the contractual relation has been proposed as one of the functions of contemporary contract law, but from an executive point of view, it can be examined whether contract law should play a positive role or can only play the role of preventing injustice. In this article, by descriptive-analytical method, it was proved that due to Necessity of protection of will principle, contract law has a role in preventing injustice. In this regard, although several criteria such as exchange of unequal economic values, dishonest wager, inappropriate terms, undeserved return and advantage, have been proposed to detect injustice, but the criterion of lack of rational purpose or unrasoablness is more appropriate than others because it includes all the above criteria.

In the first paragraph of Article 1 in the Law on Interest-Free Banking (interest), it is one of the main objectives to establish a monetary and credit system based on right and justice (observing Islamic rules) in order to regulate the proper circulation of money and credit for health and economic growth of the country. But despite 40 years of law enforcement, not only have these goals not been achieved, but the gap has also been doubled. Although the banking law has not changed, the regulations and sections related to banking operations are constantly changing and updating, but still banking is still the first economic problem of the country and has not been able to achieve its goals. Therefore, in this article, in a descriptive-analytical method, in accordance with Islamic standards of interest-free banking operations, it was found that contrary to Islamic standards, this law has been emptied of its content by the prevalence of approaches such as maintaining the structure of usury banking system, instrumental attitude to contract, injustice, abusing the customers, and the imposition of interest-free banking operations.

The institution of the family is important in any society, so its stability guarantees the stability of society. The strength of the family is something that has been considered by the laws (both divine and human). In Iranian law, this issue has been mentioned in several laws, the most important of which is Article 10 of the Constitution, which has introduced the principle of consolidation in family law as a fundamental and guiding principle. The principle of consolidation, as a general legal principle, is the guide of the legislator in formulating laws and judicial procedure in interpreting and applying laws. According to this principle, anything that strengthens the family is accepted, and anything that causes it to falter is hated. Given the importance of this principle in the eyes of the Holy Shari'a, it can be considered the basis of all the principles governing the family; Principles such as structuralism in the family, justice-oriented, purposeful family management, division of labor and cooperation and loyalty. On the other hand, in the field of family, we see conflicts that seem to be unresolved, the imbalance of some rights and duties of couples, which leads to dissatisfaction among individuals and creates tension between them. Proper attention to the principle of consolidation and the principles based on it can be considered as a guarantee of family strength and resolving the mentioned conflicts. It seems that the esteemed legislator of the family and its executors have not paid the necessary attention to this general legal principle and therefore it is necessary to recognize and adopt a more appropriate legislative and judicial approach to this principle.

Monetary crises caused by the activities of unlicensed monetary institutions in recent years in the Iranian monetary and banking system urged the Central Bank to mandate the merger of those unlicensed monetary institutions. On the other hand, according to the extra-legal decision of the Supreme Economic Coordination Council of the Heads of the Three Branches in August 2016, some other authorized monetary institutions affiliated with military organizations, some of which consisted in turn of the orderly merger of several unauthorized monetary institutions, were required to merge with the Sepah State Bank. This method, not only severely damaged the interests of direct and indirect stakeholders of these institutions, such as depositors, shareholders and employees of monetary institutions, but causes great damage to the public interest and to individuals through the creation of money and drastic devaluation of the national currency. Although merger is not unprecedented in non-monetary institutions, in case of monetary institutions, due to the their role in the national economy on the one hand and in gaining public confidence in the credibility of the national currency on the other, the effects and consequences of integration will be graver and not limited to companies to be merged, but all the society will be affected by it. Because the reason for revoking the license of, and merging, most of these institutions was their financial balance deficit and the loss of public deposits, they eventually imposed a heavy monetary cost on the Central Bank and the national economy. This was because they faced a liquidity deficit and were thus not able to repay the deposits on depositors’ demand. The Central Bank handled this problem by creating an unsecured line of credit to pay the debts of these institutions from the public fund, which led to the devaluation of the national currency and thus reducing the purchasing power and the value of assets. It also surfaced numerous legal problems such as the legal gaps, the incompetence and inefficiency of the enforcement system, and the law’s failure to safeguard the stakeholders’ rights. Therefore, in this descriptive-analytical article, by examining the transnational regulations of the merger in the leading countries in this field, the questions will be answered as to what the legal nature of the merger is, whether it is a business decision, whether it is necessary and effective, whether it has any place in the current legal system, and on the other hand, whether the Central Bank and the Supreme Economic Coordination Council are competent to decide on the merger of monetary institutions or if they have acted beyond the scope of their legal authority. The article will argue that the purpose of merger should, as recognized in countries where it first adopted, be to consolidate the capital and the labor in order to increase efficiency and productivity, and that it must take place within the framework of clear rules and regulations. It will also be demonstrated that in societies with competitive markets, merger is an optional, rather than a mandatory, event decided based on the economic interests of the entities involved, that lies in the reduction of costs and boosting profits. Decided in this way, merger can also serve public interest by enhancing product quality and competitiveness and ultimately strengthening the national economy. The article suggests that merger should not be forced by the governing bodies of the monetary and banking system, and that these bodies must be legally prevented from such interference, their role being carefully defined and limited by appropriate legislation. The decision must be laid with the directors and governing bodies of the candidate entities so as not to impose additional costs on the public on the one hand, and to respect the rights of all stakeholder on the other hand.

In this article the procedural unity verdict  no 708 of  Supreme Court general board, after paying installments the dowry is examined and recognizes the wife's imprisonment right based on legal& jurisprudential criteria, specially the principle of family security and the nature of  marriage. As we know the consequences of family are not limited to parties and family members and the success, failure and instability of the family, have the direct effect on society and even on next generations. So that, the tenth Article of the Constitution of Islamic republic of Iran describes the family as the foundation of Islamic society, but apparently- despite this insignificant- some judicial decisions- such as the above verdict don’t support the family as a fundamental unit, and even those decisions along with other factors, sometimes would be an obstacle for family durability. This article with descriptive-analytic method is proved that this verdict is not compatible to legal& jurisprudential criteria in terms of not paying attention to the role of the Supreme Court, the situation of dowry in marriage contract, the real description of this subject, and specially lack of attention to husband's inability to pay the dowry (insolvency) and the sentence of paying installments the dowry and due to its negative consequences in preventing the marriage should be reconsidered.

The role of literary and artistic works in the cultural development of a society is so strong that many sociologists have considered the basis of education in art and have emphasized its fundamental role in the growth and promotion of society. The undeniable impact of literary and artistic works is that if these works are in line with human and religious ethics and teachings, they will result in scientific and cultural excellence, and moving along the path, will have no effect other than degeneration and decline. In view of the need to balance the interests of society in the pursuit of new and exalting literary and artistic works on the one hand and to support the creators of artworks in the creation of exquisite works on the other, this article seeks to determine whether there is a legal limitation or absolute protection of these works in Iranian law by expressing the role of literary and artistic works in society. And if the restriction is imposed, what is the criterion to apply the restriction? The results show that the absolute literary and artistic works in the teleological, ethical and human dignity legal systems, unlike capitalist legal systems based on materialism and pleasure, are not legally supportable and for determining Supported Items, must use legitimacy and legitimate rational interest criterion

The business judgment rule as a central and a judicially created doctrine in commercial companies’ law immunes corporate directors from personal liability for decisions they make on behalf of a corporation in order to manage it. There are two approaches about its reliability in American law. According to the first approach, the court can hold directors liable only if their decisions do not correspond with management standards. According to the second approach which is considered as “The Abstention Doctrine”, the courts can’t basically and usually review the board’s decisions and actions. Based on this approach, directors are personally liable against corporation only in special cases. The distinction between these conceptions matters a great deal and essentially comes down to who has the burden of establishing the existence of the factors that would grant or deny business judgment rule protection. In this article, we deal with these two approaches and its differences with Iranians commercial regulations comparatively.

One of the important jurisprudential-legal issues is the explanation of the intention of the legislator of the function of the no-hardship rule, because this principle is appearing in the absence of difficulty associated with the domain of religious duties, while performing any duty is somehow difficult for religiously competent person. Therefore, it should be seen whether the executive hardness of the duties is eliminated. In such a case, due to its negating role, the obligation of performing most of religious duties or the illusory hardship of the competent person at the time of performing the duty is eliminated. So, it functions as a guide for both the jurist and the competent person and as an encouraging element for the competent person. While analyzing the views related to no-hardship rule and its problems, this article proves that by removing hardship it means removing illusory hardship. As a result, no-hardship rule plays the role of a guide for the jurist to deduce legal laws as well as the role of a guide and an encouraging element for the competent person.

The main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the family. Finally, it was concluded that the 'asr va haraj (hardship and harm) mentioned in verses of Holy Quran and narrations cannot be a general rule, but the rejection of haraj or harm was more justification for the judgments. Also, its application in the family ground leads to an increase divorce in society, which is inconsistent with both religious standards and social policy. Therefore, according to necessity of supporting the wife, the necessity of accordance with religious standards, And also support in the principle of family solidarity, the husband's requirement for enact duties and the rule of "the governor is legal guardian for refuse" are more appropriate.

Compensation for the Accused and convicted whose innocence is proven by obvious consequent factors is one of the challenging issues in private and criminal law. In the past few years, Iranian legal system has experienced positive changes in the compensation of acquitted accused but until now, no coherent mechanism is foreseen to those who have endured part or all of the sentence and their innocence has been proven. This is contrariwise in the Canadian legal system and only innocent convicts who have served part of the wrongful sentence are deserving to compensation. Rational logic and justice along by the general rules of civil liability and the text of the United Nations International Convention of Civil and Political Rights demonstrate that compensation of two above mentioned damages in all legal systems are necessary. In this research, while investigating the international binding rules governing the subject, we try to provide an integrative theory included of eliminating deficiencies, changing extant rules, and legislation by a comparative study on legal systems of Iran and Canada to more realize the fairness and justice.

Considering that receiving a sum under the title of underwriting in endowment properties has become common by the trustees, the main issue is on what jurisprudential and legal basis this amount can be justified and what is its status? In this article, which first described the underwriting in a descriptive and analytical method and then analyzed it based on the purpose of the donor (founder of an endowment) and the benefits of the beneficiaries, it was proved that receiving the underwriting, if it is in accordance with the purpose of the donor (founder of an endowment) and the benefit of the beneficiaries, is legal and lawful that in this situation, like the endowed object, must be spent for the benefit of the whole beneficiaries. In terms of function, the payment of the dowry by the tenants of the endowment property is considered as a consideration (replacement) for the possession in the object of endowment, because the tenants are entitled to the construction of the building on the endowment land by paying the underwriting.

One of the claims that most feminists have insisted on is the issue of equality of women with men. They demanded that women have equal rights to men. This requires the elimination of all existing discriminations between men and women. Discrimination in this regard should not only include a negative discrimination but also "elimination of all kind of discrimination" including positive discrimination. However, we see that Western countries buy in positive discrimination. Accordingly, it has preferred women in allocating possibilities, resources and jobs, and did not regard this kind of discrimination unfairly. However, based on the principle accepted in Western philosophical schools, the primary principle in terms of justice is the equality of all individuals in the allocation of/and enjoying amenities, therefore, justice theorists will have to provide reasonable grounds for justifying their plans.Hence, in this research, we seek to explore two issues of the legitimacy and effectiveness of positive discrimination based on the philosophy of liberalism and libertarianism. We want to investigate whether there are justifiable reasons for the existence of a positive discrimination and whether positive discrimination can achieve the goals for which it is intended?

The Principle of Non-Gratuitous is one of the legal presumptions that it’s application and position have been disputed in jurisprudential and legal opinions and, consequently, in some jurisprudential opinions regarding contract description, and in legal doctrine and judicial judgments, it is referred to basis and source of fulfilment and payment according to Article265 of Civil Code.  In this paper, with due referring to reasons of this principle, it has been proved that this principle cannot be invoked in the field of contract law because in this area it is necessary to refer to the substance requirements of the contract or the common use of an agreement or explicit agreement of Parties. But in the outer of contracts field, this principle can be applicable in some cases that, firstly, the beneficiary, voluntary or without any legal duty, benefits other party based on his or her request. Secondly, the beneficial act is not gratuitous apparently.

In an event that more than one factor is involved in the occurrence of a loss to another, after having obtained that two or more factors caused a loss to another, each of them will be responsible for the compensation of the victim. But how is the share of responsibility for each factor determined and on what basis can each share be determined and the amount of damage distributed? Three criteria have been raised in this regard, distribution of responsibility in equality, distribution of responsibility by the extent of influence and distribution of responsibility by the degree of culpability. In this paper, by describing the various assumptions of multiple tortfeasors,  each of these criteria has been investigated according to the arguments and legal principles and objectives of civil liability, and it has been proved that the primary principle is the distribution of responsibility to the extent of influence, and with the lack of evidence and proof for the difference in influence or equivalence of the actions of the responsible actors in causing loss, the distribution of responsibility in equality is applied.

One of the important issues of contemporary law is the transition of the product responsibility law, since the law of product liability have, over time, evolved in the light of its goals. Therefore, when it was intended to compensate the losses caused by defective goods and consumer protection, contract law was recognized as appropriate. Over time, the inefficiency of contract law in consumer protection was clarified, and liability based on defect or strict liability with some defensive rights for the manufacturer was proposed. But these rules could only cover consumer compensation. Also, developments in the field of power in public law and the impact of economic power on the authority of national sovereignty led to the aim of protecting national interests in the subject of production. Thus, the legal rules of product liability have been developed in the structure of market law to cover all legal goals. Key words: contract law, strict liability, manufacturer's right to defense, market law

One of the legal solutions to prevent conclusion of conflicting contract is using proper remedies, , Because the appropriate compensations can play a role that, on the one hand, the contractual interst of the innocent party should be protected and on the other hand, the wrongdoer party, could not benefits illegitimate interests. In this article the remedies available to the innocent party of invalid conflicted contract is studied under the Islamic and Iranian contract law and is proven that First of all, the rules of contractual responsiblity cover the loss of invalid contract, when the cause of invalidity is attributable to the one parties of the contract. Secondly, the wrongdoer party of invalid conflicted contract may be deprived from obtaining illegitimate interests according to the principle of the sanctity of property and the contractual expected benefits of innocent party could be compensated and protected according to the rules such as the principle of deception, liability resulting from the conflict confession, the principle of Guarantee of damage and liability arising bilateral contract.
Key words: Illegitimate Interests, expected benefits, principle of the sanctity of property, principle of deception, liability resulting from conflict confession

The basis of product responsibility laws is one of the key issues that must be determined in the light of economic and market policy and the approach of the legal system to justice on the one hand and balancing the interest of consumers with the interest of producers or the aims of responsibility on the other.In spite of the necessity to regard these factors, in order to determine the appropriate base theory, at first, like general civil liability, was cited to fault for justifying the product responsibility, but due to the ambiguity in the concept of fault, and its being of behavior characteristic and as well as the impossibility of proving it by The consumer, it was refereed to the defect theory or, in the sense of tolerance, the strict liability.
This was a transformation from regarding behavior to the outcome, but this theory also failed to cover all aspects of the legal duties and obligations of a manufacturer. Therefore, the theory of security and stability of the market for procuring customer trust and protecting national economict is the proper theory that as the basis of product responsibility can cover all legal aspects of the subject and obligations of manufacturer.

Deterrence is one of the main functions of tort law. Presence of insurance weakened that function and raised carelessness because the compensation by insurer not only does not deter injurer, but also may encourage him/her or others to carelessness. This impact of insurance is named ''moral hazard''. Although insurers have some instruments to reduce moral hazard, but for competition reasons, insurers use them less, but if the management would be true, moral hazard will be reduced, and as a result, the deterrence of tort law will be reinforced. Iranian Act of Compulsory Insurance for Loss of Third Party in Traffic Accident of Vehicles 2016 provided some instruments for reduction of moral hazard that includes maintaining of liability of negligent driver with insurance coverage, to consider insurer as a successor of negligent driver and determining premiums on the basis of experience rating. That instruments increase efficiency of tort law and if would be enforced truly, will lead to reduction in traffic accidents Rules of tort law impacts on its deterrence and incentives of buying policy by risk averse actors and accepting particular theory may led to reduction of deterrence and reduction or increase of welfare. For instance, acceptance of negligence rule and encouraging of injurer to buy policy will lead to increase of welfare and keep deterrence of tort law.