alireza shamshiri

Metaverse is one of the emerging phenomena rapidly gaining traction across various dimensions. In the Metaverse, virtual assets, including virtual land, are being traded for various purposes. The validity of such transactions may pose religious and legal challenges. Some raise doubts about the ownership of virtual land because of the virtual nature . There may also be objections to the non-tangibility of virtual land by those who consider materiality as a prerequisite for a valid sale. Some argue that in such transactions, both the price and the object are virtual, leading to ambiguity in certain aspects, and thus, they consider the sale of virtual land as an example of invalid and void transactions. In this article, utilizing a descriptive-analytical approach and examining library sources, we have ultimately concluded that, according to some religious perspectives that consider customary practices and rational foundations as the criteria for materiality, virtual land in the Metaverse, being desired and possessing economic value, is considered as having materiality and can be subject to transactions. Moreover, since non-material and virtual assets are abundantly traded in today's world, it is generally accepted that sales are not limited to tangible objects. Additionally, we found that there is no ignorance or ambiguity that could lead to harm in such transactions, thus invalidity and nullity of the transaction are ruled out. In conclusion, the sale of virtual land in the Metaverse can be deemed valid unless it is deemed unethical or against public order for specific reasons in the future

In accordance with the progress of the tourism industry in the world, it is necessary to discuss the legal issues related to the tourism industry, especially the issue of civil responsibility. The purpose of this article is research on the challenges of the civil responsibility of tourist guides and the technical director of the tourism services office and a comparative study with French law. The working method in this article was descriptive, analytical and comparative. The method of data collection in this article was a library and the data collection tool was data collection and translation. The comparative method was also used to analyze the data. In the French tourism law, civil responsibility is placed on the shoulders of the tourist service office, and by focusing on the contract between the tourist and the service office, the responsibility of paying any kind of damage caused by the non-fulfillment of the contract is placed on the tourist service office. In France, the tourist guide is not directly responsible for the damage caused to the traveler, and there is no technical manager position as prescribed in Iran, and the technical responsibilities are with the tourism service office. In Iranian law, there is a possibility of establishing the civil responsibility for damage to the tourist on the responsibility of the technical manager and tourist guide, which is considered a legal challenge for these two professions. The result of this research is that the establishment of civil responsibility on the responsibility of the technical manager and tourism guide is one of the legal obstacles to creating value in the supply chain of tourism services. The most important proposal of this research is to remove the position of technical manager and transfer the legal responsibilities of this position to the tourism service office, as well as legislation regarding the direct responsibility of the service office to the tourist and the lack of responsibility of the tourist guide to the tourist, and as a result, creating value in the supply chain of tourism services.

. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future

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

Expertise is one of the important evidences in civil procedure, which plays an important role in the realization of fair proceedings. But the official judicial expert may make a mistake and this will lead to damage to one of the parties. The purpose of this article is to investigate the effect of criminal offense on the civil liability of the official judicial expert in Iranian and British law. The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Both in Iranian law and in British law, the basis of the effect of a disciplinary offense on the civil liability of an official judicial expert is based on the theory of fault. Therefore, in the laws of the two countries, if a judicial official causes damage to one of the litigants by committing a violation caused by intent or negligence, he is responsible for the damage caused. In order to be able to demand damages from the official judicial expert, the violation or fault of the expert must be proven, and the criterion for the violation or fault of the expert is actually the violation of the behavior of a conventional professional person in that field. Therefore, in this category, proving this violation or fault is associated with problems.

Today, traditional perceptions of the rules that all aspects of the deal are identified at the moment of concluding is difficult and in some cases has been abandoned. On the other hand, the analysis in the sources of jurisprudence on the rule of uncertainty and all of rules it shows any ignorance in which probability is harmed is not effective in invalidating the contract and therefore it can be divided into effective and ineffective and from dividing uncertainty into effective and ineffective interpretations of Effective uncertainty's theory . Such a division is seen in Egyptian law, and it is considered ineffective in the case of today transactions that are not rational. This division is also justified in Imamiyya jurisprudence, because in jurisprudence, uncertainty means a danger and danger is a possibility of harm that the rational way avoids, Therefore, if the custom has not turned away from ignorance for social needs, but rather succeeded, such an ignorance is not considered to be a pride and does not affect the validity or invalidity of the contract. In the present study, library and digital resources have been gathered through the use of analytical method to discover the sentence and offer suggestions

On 4/26/1396 (AH) a child named Benita was abducted during a robbery. Efforts to find the child continued unabated, and the eight-month-old was unable to protect himself until Cook's lifeless body was found inside a stolen car in Tehran's Pakdasht district. The perpetrators of this crime were arrested within a short period of time, and eventually this issue caused a great deal of media coverage. Some jurists considered Benita's murder to be intentional and some to have suspected it, and there were many discussions and interpretations among jurists on this issue. The present article, by examining the issues and analyzing it (descriptive-analytical), concludes that the lack of attention to the issue of correction and rehabilitation and the dangerous condition of prisoners, as well as the lack of scientific approach to criminal neutralization of prisoners after release, can cause this category. Crimes and the type of murder; According to the statements and confessions of the defendants; Irrespective of the media coverage of the crime and its impact on the judges' decision, the belief is that the crime was intentional (paragraph A of Article 291 of the Penal Code).

Children are always vulnerable in society and need support from parents and society. The duty of parents to meet the needs of children and adolescents and to maintain them in general has been mentioned under the term custody. In relation to custody, crimes may occur, which include: failure to fulfill the duty of custody, preventing the child's education and not providing the child's education materials, preventing the child from meeting one of the parents, etc.; Therefore, children under custody, as one of the most vulnerable sections of the society, need a special and differential criminal policy. In this research, focusing on the marriage of a guardian with an adopted child, the criticism and evaluation of criminal prevention against crimes against children under custody has been discussed.

The current research is descriptive and analytical.

By evaluating Iran's laws and regulations, it indicates the conclusion that in dealing with crimes against children, the approach of criminal prevention is towards ordinary persons with persons who are responsible for the guardianship of the child when the crime is committed against them. is the same and also despite the provisions such as allowing the marriage of a guardian with an adopted child in the case of the court's discretion and the extensive interpretation of the punishment of children under custody as the necessity of their education and the many abuses of these existing laws.

Embezzlement as one of the major banking crimes that undermines public confidence in the government. It has been documented in various domestic and international documents and throughout history. However, there are differences between domestic and international contexts of the fight against embezzlement, including the non-criminalization of embezzlement in private institutions and banks, as well as the lack of precedent. The mechanism of international judicial assistance in the field of embezzlement, lack of precise explanation of whistleblowing rules in the fight against embezzlement in Iran's domestic law versus regionality to the international nature of anti-embezzlement law and the lack of guarantees of effective implementation at the international level It is noteworthy for fighting embezzlement.Establishing a healthy administrative system and establishing social justice and preserving public interests and property are the most important actions of governments to preserve the moral values ​​of society, one of their solutions is to prevent waste and looting through embezzlement in the key economic system of governments or in other words At the level of banks.

Aggressive seizure is one of the most obvious manifestations of crimes against real estate, which also disrupts order and security in society. Considering that crime prevention is one of the main and common goals of the legislative and judicial systems of countries in the management of crime and social anomalies, so in this article we examine the concept of aggressive seizure in the Iranian criminal justice system. Does it have a place? Also, what strategies are envisaged in the Iranian legal system to prevent the commission of this crime?

This article is written in an analytical-descriptive manner.

Aggressive possession lawsuits have both a civil and a criminal history in the Iranian legal system. The material element of the crime of aggressive possession includes the criminal act, the subject of the crime, the property belonging to another, the criminal result and the causal relationship, and the spiritual element of the aggressive possession includes general malice and specific malice.

Prevention of the crime of aggressive occupation is possible in both legislative and executive dimensions. In the legislative dimension, including criminal prevention, and in the executive dimension, in the first three parts - disciplinary prevention of the crime of aggressive occupation, second - education-oriented prevention of the crime of aggressive occupation and third - using the power of law enforcement companies can be effective in preventing aggressive occupation.

Predict financial distress and pay attention to the level of liquidity to assess the financial condition of organizations and businesses. An appropriate competitive strategy can lead to a competitive advantage, and a competitive strategy must be developed to achieve a competitive advantage. Choosing the right competitive strategy is a complex and even risky task. Shareholders are not as concerned about the consequences of future tax cuts as they are about the consequences, including paying more taxes in the future, tax penalties, compromising the company's reputation, and, most importantly, the tax risk posed to the government. Therefore, the purpose of this study is to investigate whether tax risk affects the company's strategy in times of financial distress or not? The statistical population of companies listed on the Tehran Stock Exchange between 1394 to 1398 and using the information of 98 companies and multivariate linear regression method, the hypothesis was tested. The test results showed that tax risk has a significant effect on the company's strategy during financial distress. .

The purpose of this study is to examine the moderating role of institutional ownership in relation to accounting information quality and cost of capital. The purpose of this study is applied and is a correlational methodology. The statistical population of the study is the listed companies in Tehran Stock Exchange. Using systematic elimination sampling method, 122 companies were selected as the sample of the study and its period is between 2013 and 2016. The method used for data collection was library and multivariate regression was used to test the research hypotheses. The results showed. Institutional ownership affects the relationship between the quality of accounting information and the cost of capital. This research will help managers develop effective policies on corporate volatility that are needed to achieve a better long-term capital structure.

The expansion of nuclear activities has been accompanied with increased nuclear transboundary risks. One of the legal issues is the determination of the competent court and law. Civil nuclear conventions consider a single competent forum to deal with all actions, that is the court of the country within the territory of which the nuclear incident occurred or the courts of Installation State. The applicable law is to be the provisions of the conventions or national legislation of the competent court . Even though Japan is not a party to any of the international nuclear liability conventions, it has a solid national third party liability legislation on nuclear responsibility according to which, the court of the country where the incident took place has the jurisdiction, and the applicable law is usually the law of the place where the damage has occurred. Since Iran it is not a member of civil nuclear liability conventions and it does not have any relevant domestic law in this field, it has used general rules such as defendant’s domicile to determine the competence court and the applicable law, which in many cases will be ineffective. Therefore, the specific legislation or at least membership of the relevant conventions is necessary.

Various kinds of recoverable damages and the method by which the mentioned damages could be recovered are among the issues that have been addressed by the conventions on nuclear liability. The provision of financial guarantees, as one of the principles of nuclear civil liability, is regarded as the most important loss compensation method. The worldwide acceptance of insurance has led to the approval of relevant rules in the conventions. Insurance only covers damages which have been enumerated in the related conventions. Bodily and financial damages under the preceding conventions and new titles of nuclear damages such as lucrum interceptum and pure economic losses under the contemporary conventions have been stated as recoverable. It appears that pure economic losses are recoverable through the generalities of tort rules such as La’Zarar, according to the Iranian law. Nuclear installations operators have limited liability under conventions or domestic laws; however, Iran’s law has no specific provisions regarding the civil liability arising from nuclear accidents and is not a signatory to any of the conventions as well; thus, general principles of liability could be invoked, that of course based on which the liability is unlimited; therefore, formulation of a particular law or membership in the pertinent conventions is essential in order for exploiting insurance facilities.