hamidreza alikarami

Obligations and the discussion of fulfillment or violation of it is a moral issue that is our daily moral life and an important part of law science. For this reason, it is necessary and important to pay attention to the conditions and rulings of transfer of obligation, the ethical standards governing it to know the laws and regulations in this field. This issue is done by the legal review of the obligation, which is a recognized institution. In the systems subordinate to the Roman Germanic system, the obligation is theoretically written, in Islamic law, when writing the civil law, article 230 was adapted from article 1152 of the French civil code, and despite the fact that the French civil law, in order to correct and improve this The institution has been amended many times, Article 230 of the Civil Code, which is the only article about the obligation, has not changed since then, and in this sense, its nature and moral effects are still in an aura of ambiguity. It should be noted. In Iranian law, judicial fines and punitive clauses have not been much studied by jurists; therefore, sometimes, out of tolerance, punitive clauses and punitive clauses have been used interchangeably. The transfer of obligation can be considered based on moral principles and good morality, the most important of which is the issue of compensation based on satisfaction. In this theory, the beneficiary's participation in the transfer of the obligation is accepted, and finally, the reciprocity of the transfer is taken into account in special cases. In English law, while drawing a decisive boundary between these two entities, the obligation, acceptance and penal clauses (penalty) have been declared invalid and only the right to demand actual damages has been considered for conditional clauses. Penal clauses in English law are meant as one Among the types of contractual fines are terms whose main purpose is to prevent the obligee from breaching the contract, not to determine damages and compensate them in advance, although it may also have the aspect of compensating damages, according to the studies conducted, English law allows penal terms. It does not know enforcement and the most obvious reason for this opposition is that people cannot punish each other, in other words, common law considers penal clauses to be invalid and penal clauses are valid only in case of breach of contract. Therefore, when the contract is terminated prematurely, the rules of criminal fines are not applied. What is very important is that about how to apply the judicial rules of criminal clauses of English law in Iranian law, it should be said: Currently, in Iranian law, fines judicially prohibited or at least very limited and judicial fines in Iranian law have a limited scope.

Public order is a very complex concept, which by presenting a broad and incorrect concept of it is practically contrary to the philosophy of the international influence of law. There are important and fundamental differences between the legal systems of England and Iran in relation to the international impact of the verdict. Although public order in both studied systems is considered to be one of the factors hindering the international influence of law, and in general, foreign law or rulings are not recognized and enforced in the countries of Iran and England in the assumption of conflict with public order. ; However, in Iran's legal system, by providing a broad interpretation of public order, it seeks strict compliance with foreign law and rulings. On the other hand, by recognizing the doctrine of the mild effect of public order, the English legal system accepts the international effect of law and judgment in a way that seeks to realize the maximum effect of international law and judgment. In any case, the concept of public order is a territorial concept that judicial procedure plays an effective role in determining its examples.

In the legal system of Iran, there is no precise ruling regarding the recoverable damages when the buyer is unaware that the sold item belongs to someone else. The legislator, merely following the opinions of Imamiyyah jurists, has affirmed the possibility of claiming damages without defining the scope and limits of the ignorant buyer's claims from the seller in the event of the invalidity of the sale. This issue has become achallenge in the current economic conditions, considering the inflation rate index and the change in the real value of the price, which, in most cases, is money. Legal scholars have also considered this, meaning the exchange of goods for money in the definition of a sale. The issue has become a point of contention in judicial practice, legal scholars' opinions, and religious decrees. In an unauthorized sale, if the original owner rejects the transaction and takes possession of the sold item, the buyer can demand not only the return of the price but also compensation for other damages from the seller, provided that they were unaware of the unauthorized nature of the transaction at the time (Articles 262, 263, 324, 325, and 312 of the Civil Code). The law is not explicit about what recoverable damages from the seller are and what constitutes them. It only refers to the buyer's right to claim damages in Articles 263 and 391 without specifying the type, amount, or manner of recoverable damages, leaving the matter unaddressed. In contrast, the Egyptian Civil Code, drawing from the theory of relative nullity of contracts, has precisely clarified this issue.

The concept of judicial presumption, meaning the tool for presenting specific evidence in each case, is not only beyond the drafting and specific legal framework of each country but also an external reality that each legal system must address to ensure comprehensiveness and the assurance of justice. Naturally, the differences in legal traditions across various legal customs mean that different legal systems approach a single issue with significant differences. In this paper, we have examined the approach of the legal systems of the Islamic Republic of Iran and the United States of America to this concept. First, we discussed the generalities of comparative studies, of which this study is a derivative. Then, we presented the existing judicial practices regarding this issue in both legislative systems. We identified those fundamental legal concepts that have reciprocal effects with the concept of judicial presumption and examined them in the roots of each legal system with an approach to fundamental events and thoughts related to these concepts. Finally, we addressed the question of whether, despite the major differences in the legal approach to judicial presumptions, there can be seen strands of similarity in more fundamental adjacent concepts.

Claims to prove ownership of immovable property is one of the most common and voluminous legal claims. According to the registration status of immovable properties, each of them is in a special registration status, there is a difference of opinion regarding the acceptance of claims to prove ownership of immovable properties in the judicial procedure, there is no end to this matter, especially in the case of properties that have a registration history and their registration history. Unfinished is more. On the other hand, there are situations where the petitioner is forced to go to the court and has no other choice, the general task of handling claims by the courts also requires the necessity of hearing the claim. The current research is of qualitative type and its method is library and document studies. The subject of the present research is the investigation and classification of cases of proof of ownership that may be presented in the court in each of the stages of property registration, and the consideration and issuance of a verdict in each of these cases has its own special effects. The results showed that; Standardization of the plan and hearing of the claim for proof of ownership in the case of immovable property leads to the unification of the judicial procedure and preventing the issuance of conflicting opinions in similar cases and creating satisfaction in the clients of the judiciary,.

Artificial intelligence (AI) has a huge potential to transform industry and society. Its benefits are widely recognized, and it has become a tool of strategic importance for the European Union and a major driver of economic development. However, as with any technological development, it also comes with challenges that must be assessed and, if necessary, addressed by policy makers and businesses. Artificial intelligence has been a big challenge for the insurance industry for decades and is creating fundamental changes in the way this industry operates. The application of artificial intelligence to eliminate repetitive tasks and improve efficiency is visible in the market of porter insurance and commercial insurance. On the contrary, personalization of insurance through artificial intelligence is limited to personal lines and SME business. However, its application in commercial insurance including various marine levels will be widely involved in the near future. It is likely that AI will have a broad impact on the insurance value chain, from underwriting and claims management to distribution and customer service to asset management. As a result, insurance executives should be familiar with the new technologies involved in this change and how artificial intelligence can help organizations produce innovative products, gather valuable insights from new sources, streamline processes, and improve customer service. The purpose of this article is to make interested people and people involved in the insurance matter familiar with the potential benefits related to artificial intelligence applications and to motivate academics to study controversial topics in this field. For this purpose, we have only referred to the study of existing articles and research regarding the use of artificial intelligence in the insurance industry, especially marine insurance, and its effects on the compensation of losses caused by it.

The purpose of concluding any contract is to implement its amount and to be bound by the effects of that contract. The contract of sale, as the most obvious examples of the necessary sale, in order to be on the path of its implementation, must have clear provisions and the parties must not have a dispute over the terms of validity and the terms of the contract and how to implement it. One of these conditions is submission. In principle, a contract is realized without surrender, except in the case of an irreplaceable contract and some exceptional contracts. However, in all cases, the contract and surrender are mutually related. Is given. Surrender and receipt is not a legal act because it is not a condition for obtaining the seller's permission. The need to determine the case does not make surrender a legal act. This study aims to explain the category of submission in the contract of sale and its conditions in the two legal systems of Iran and the United Kingdom.

The type of collateral, in the relationship between creditor and debtor, has always been one of the most important legal issues in the appraiser. The theory of the documents of religion, in the Egyptian legal system, includes not only general documents, but also specific documents. Debt assets are common collateral in both legal systems. Obviously, despite such a possibility, the possibility of insufficient property of the debtor or the advance of other creditors is always a threat to the collection of personal claims. For this reason, the legislature has considered special instruments. Formal mortgages and mortgages are among the special instruments in the Egyptian legal system that have contractual roots. As in the Iranian legal system, a mortgage contract, regardless of whether it is formal or informal, is a contract. The right of assignment is another document that is provided for in the Egyptian legal system and has judicial roots. In the Iranian legal system, the seizure of the debtor's property by the court, both at the execution stage and before, has been considered by the legislator. Privilege is another type of collateral in its general legal sense in the Egyptian legal system, and the closest equivalent to it in the Iranian legal system is "privileged debt". In the present article, the main purpose is a comparative analysis of the components of this theory in the legal system of Egypt and Iran.

 There is no end to the dispute over the admissibility of a claim for proof of ownership of immovable property in the jurisprudence. On the other hand, there are situations in which the plaintiff has to go to court and has no choice but to do so. The general duty of the courts to hear cases also necessitates a hearing. The subject of the present study is the examination and classification of forms of property proof lawsuits that may be raised in court at any of the stages of property registration. The consideration and issuance of a ruling in each of these forms has its own special effects. This research has been done in a descriptive and analytical manner based on library sources and the use of judicial opinions issued. Seeks to reduce clients.

The coming years will undoubtedly or will continue to face the widespread evolution of the age of communication and information processing in the lives of human societies. Cyberspace and electronic space, according to the technical conditions, have significant capacities for abuse in order to violate human privacy. However, content-related issues in virtual environments lead to the expression of specific issues that have not had much history in non-virtual environments. On the one hand, the common cases of privacy violations in cyberspace have significant features, and on the other hand, the creation of cyberspace has created new angles and grounds for violating the rules. Creating or producing, presenting, offering, providing comprehensive and non-comprehensive distribution of content and using electronic packages in the new space needs new do's and don'ts, so it is necessary based on the technical and legal characteristics of virtual environments and activities, privacy violation To be analyzed and examined in these areas, then the importance, role, rules and guarantee of content protection performances in the virtual environment should be determined.

Disruption of social network security through cyberspace activity is a very probable phenomenon today. The vastness and availability of cyberspace for many people around the world has enabled this space to allow the harmful behaviors committed in it to easily lead to damage, loss and disorder in the lives of others. In particular, the activities of content creators and operators in cyberspace can involve significant losses to others. The creators and operators of content transportation in cyberspace under the name of Internet intermediaries are today one of the most important cyberspace activists whose civil liability resulting from their activities and actions has received more and more attention. Although in general, two general theories have been presented to explain their civil liability, which are: fault theory and risk theory, but it seems that cyberspace law in our country is still the traditional principle of fault in the analysis of civil liability of creators and operators. And content citation is adhered to in cyberspace. In the present study, the principles and examples of responsibility, order and security of content creators and operators in cyberspace have been studied and studied. Importance and necessity Suffice it to say that the importance of such research is related to the main question in law, which is to justify the use of the obligatory power of the state against free and autonomous persons and persons in relation to each other; This is a question that is also a kind of political and moral philosophy. In particular, the recognition of the public and private spheres and the rights and freedoms that help shape them are sometimes at odds with other values, such as security, which is the prerogative of state authority and, consequently, criminal law. This means that the pursuit of public and private interests sometimes conflicts with other values. Sometimes there is even a conflict between the values ​​and interests associated with each of these two areas. For example, the absolute protection of the right to privacy and privacy may harm part of the process of free flow of information that requires the existence of a public domain separate from the state, and vice versa, the government violates the privacy and free flow of information under the pretext of security. In the Iranian legal and governing system, no institution or executive body accepts the responsibility of formulating the do's and don'ts of cyberspace; Therefore, content control and monitoring is confused between organizations, institutions and ministries and there is no legal accountability. Inventing a new doctrine that regulates the legal system with cyberspace, because with the significant growth of information technology, we are witnessing the transformation of all human activities and interactions in society. Social service; Economic, health, political using new technologies to create legal; Therefore, it is necessary for the legal elites to formulate new legal do's and don'ts with a technical and engineering view in order to increase the security of this space, if we do not do this, no one will be able to do business, study, research and even have fun.

This research has been done by descriptive-analytical method and qualitative application. First, according to the existing approaches in the field of content transportation and its optimal monitoring in the past years and consulting with field officials, recognizing the current situation and understanding the existing gaps, dimensions and components of research, identify and study this field technically and for case elements. The study was performed and the required goals and perspective were drawn, which resulted in providing a legal solution to control and monitor the creators and operators of content transportation in cyberspace and formulate their responsibilities, which ultimately led to the recognition of the main structure required for this issue. 

 General Findings:

The activities of content creators and operators in cyberspace can involve significant losses compared to others. The creators and operators of content transportation in cyberspace under the name of Internet intermediaries are today among the most important cyberspace activists whose civil liability resulting from their activities and actions has received more and more attention; Therefore, a written description of the laws in this area needs to be developed to improve performance, identify responsibilities, and provide superior oversight.

In most of the legal systems of the world, electronic intermediaries are not responsible for monitoring and controlling the content. In the first way, in different countries of the world, monitoring and spying on content is a reprehensible practice and contrary to the general rules of society. Electronic intermediaries that are responsible for transporting content in cyberspace, according to Articles 24 and 25 of the ICCPR and other general and special laws and regulations, are only responsible for the transmission and storage of personal data and control over the content and information exchanged. They do not have it unless they are aware that the content is illegal and that they have a definite responsibility. Undoubtedly, those who act as intermediaries in the work are not responsible. In the Iranian legal system, content transport operators, such as real estate consultants and brokers, are considered trustworthy and are to blame if they are at fault; Therefore, according to Article 1 of the Civil Liability Law, electronic intermediaries that are responsible for carrying the content are responsible for their actions and must be compensated if they fail or are found to be at fault. In other words, the civil liability of intermediaries is referred to as liability arising from precautionary blame. The real and physical world of publishers plays the role of electronic intermediaries, and conversely, in cyberspace, publishers must have 100% control over what they publish. In other words, there are other do's and don'ts in cyberspace, and if intermediaries and site administrators can or are allowed to review and listen.

The most important principle in concluding a contract is the possibility of its execution. The discussion of adjustment in the contractual implementation and the guarantee of its implementation is raised if after the conclusion of the contract due to reasons that are not attributable to the contracting parties, its implementation becomes impossible. Obstruction in contract execution is an important issue in most legal systems such as England, while there are differences regarding this issue.According to Article 229 of the Civil Code of Iran, the obligor is exempted from fulfilling the obligation. However, if due to the occurrence of accidents and changes in the circumstances at the time of the conclusion of the contract, the execution of the contract causes excessive difficulty or unusual loss for the obligee, and at the same time the execution of the obligation is not impossible, the law of our country does not provide a clear solution in this case. slowIn this article, we will do a comparative study of the conditions and obligation of the rule of default in Iranian law and the conditions of contract adjustment in English law and how to implement it and we will state the differences. In fact, the goal of achieving uniform rules based on comparative legal principles will be to create a uniform procedure for judicial courts.

In this article, the theory of penal condition in Iranian and British law was examined. Scientific and research poverty is related to the subject under discussion and related issues in general; it has been important to address this issue. It is a breach of contract, not a pre-determination of damages. Therefore, the British Commonwealth, contrary to Iranian law, has drawn a definite line between the obligation and the penal conditions and the recent conditions, and the conditional can only claim the actual damages. The main reason for the invalidity of these conditions is that the parties to the contract can not punish each other. The present article seeks to analyze the nature, causes and conditions of criminal conditions and examines the most important criteria for distinguishing criminal conditions from binding and other similar topics. It is noteworthy that in this study, the position of Iranian law regarding the penal condition has been examined and in the end they have concluded that currently in Iranian law, judicial fines are prohibited or at least very limited and fines The judiciary has a limited scope.

The purpose of this study is the international effect of the sentence with a view to the jurisprudence of Iran and Britain. It has been done in a descriptive-comparative method. Maximum implementation of legal rulings issued by other countries is a requirement of modern life in the international arena. By accepting the general theory of the international impact of the sentence, the Iranian legal system has made it possible to execute criminal sentences issued by other countries. The jurisprudence of Iranian courts is such that by being less strict than the provisions of the Civil Judgments Enforcement Law regarding the enforcement of foreign judgments and the interpretation of the law in favor of the recognition and enforcement of foreign judgments, it has provided a good basis for international influence. In the United Kingdom, the existence of multiple legal systems for the enforcement of foreign judgments has been to facilitate the enforcement of foreign judgments in this country. In the meantime, the rules of the European Union provide better conditions for the enforcement of foreign judgments than the rules of the Commonwealth and the Law of Justice of 1920 and the Law of Reciprocity of 1933. In addition, the rules of the Commonwealth concerning the international influence of law, which are derived from the rule of precedent, are in line with the general theory of the international influence of judgment.

With the approval of the Law on Registration of Deeds and Property of the country, the main goal is to register all properties in the property registration office and issue ownership certificates for properties so that while preserving the sovereign rights of the government, the ownership of individuals is stabilized and its transfer is subject to a specific system. And to avoid numerous lawsuits in this regard. In addition, the registration authority and the official ownership of the persons of the registration office. Failure to fully implement the provisions of the Property and Deeds Registration Act in practice and the adoption of other interim laws that were not effective, as well as the legislator's approach in Article 62 of the Law on Permanent Provisions of the Development Plan, caused many disputes between individuals over immovable property Inevitably, it has made the entry of judicial authorities necessary to resolve disputes and issue verdicts. However, the claim for proof of ownership of immovable property is not always a civil lawsuit based on interfaith intercession and in full accordance with the description, and has been brought before the judiciary for other reasons and purposes. The study of these causes and objectives by researching the judicial procedure and the effects of the rulings issued in this regard is the subject of this article.

Undoubtedly, the purpose of concluding any contract is to implement its provisions and commit to the effects resulting from that contract. In order for the contract not to encounter any obstacles in its implementation, its contents should be clear and the parties should not have any disputes about the terms of validity and terms of the contract and how to implement it, and after the agreement of the parties and the conclusion of the contract, the most important issue In the opinion of the parties to the contract, timely performance of the contractual obligations is necessary, because the violation of the contract is not in the interest of the parties. In the discussion of the implementation of the movable sale contract, it is important to examine its conditions, such as: demand and acceptance, the competence of the parties to the transaction and the conditions of sale, the principle of sovereignty of will, etc. This article aims to have a comparative view between the two systems of Iran and England in the structure of the sale contract with a descriptive-analytical approach, while briefly examining the characteristics and conditions of sale to explain and the principles of the rule of will. The results of the research showed that the interpretation of the contract paves the way for the correct implementation of the correct contract by clarifying the terms and expressions and the intention of the parties according to the logic (principle of sovereignty of the will).