فهرست مطالب mahsa moshar movahhed

The basic pillar of therapeutic simulation is the cells that are provided to scientists to combine and create a simulated embryo. These cells are not capable of planting in the laboratory environment but must be provided by the applicant to the researchers to produce simulated embryo for extracting stem cells. One of the challenges of using the therapeutic simulation process is how scientists reach the above base cells. It also raises the necessity of extracting stem cells from the resulting embryo, the issue of the owners of the decision -making authority towards the embryo. Another challenge is the conscious consent of the cell owners and the role of satisfaction in the owners of the embryo. The evaluation in the present article indicates that non -identification or restriction of decision -making authority to their cell owners and encloses the transfer of basic cells to scientists based on purely kind -hearted donation, benefiting from this modern technology and its valuable achievements with limitations. It makes a lot. In contrast, recognizing cell owners' decision -making authority over those cells and accepting monetary mechanisms and predicting the possibility of paying for cell owners while considering the necessity of their consent in the transfer process, not only increases the motivations of cell donation to simulate therapy. It will also promote the increasing development of scientific processes related to therapeutic simulation, which will be the source of the discovery of the treatment of many illnesses.

In the present study, an attempt has been made to gain insight into the status of law in relation to agency costs using an analytical-descriptive method. The issue of agency costs and the urge to present regulations for the agents involved in the commercial ties between companies have been always of research value for lawyers. Such costs, if appropriate measures not taken, can create formidable barriers to the potential interests of stakeholders which eventually puts businesses and investments at jeopardy and may lead to the loss of opportunities to attract dispersed capital of the community. Since the interests of the stakeholders are based on the actions of the agents, it is possible for them to abuse their position, which would be in conflict with the fundamental purpose of the companies. Accordingly, high agency costs can generally place undue burden on the stakeholders of companies, leading to unproductivity of their institutions.
The concept of agency costs was first introduced by economists, and for this matter, the realization of such costs in its very economic essence is beyond the scope of law. A number factors took agency costs into consideration such as asymmetric information phenomenon among corporate activists, opportunist measures, lack of competitive market, and the conflict between stakeholders and agents, to mention but a few.
In normative sense, one of the main functions of any legal system is to create efficiency, or in other words, maximizing wealth in society. Thus, the science of law, by providing various solutions, including ex-ante and ex-post approaches, has used all the capacities defined in the legal system of exploitation and legal rules in order to manage the agency costs.
Categorizing legal solutions into the dichotomy of regulatory and governance solutions is due to the differences existing between business and corporate activists. Considering the significant costs for establishing collaboration among stakeholders, implementing governance strategies by stakeholders in monitoring the agents has not been met with much success.
Therefore, the legislator attempts to lower the agency costs by prescribing regulatory strategies. Because in such situations, regulatory strategies, which have mandatory character, have proven to work more efficiently thanks to their restricting role, and by doing so, the interests of the stakeholders will be respected.
By assigning stakeholders in charge of electing and dismissing the managers as a regulatory tool, in the one hand, it is possible to avoid such costs by choosing the competent agents; and in the other hand, when the agency cost is imposed on the stakeholders due to the measures taken by agents, they can prevent the costs by resorting to the right to dismiss them.
Finally, by acknowledging the right to approve the decisions of the company by the shareholders, another regulatory card will be given to the stakeholders, based upon which a revision of the company constitution will be solely possible on the condition of reaching a consensus by the majority of the stakeholders.
Moreover, setting a minimum legal capital or a prohibition on the distribution of profits among shareholders is because of the fact that the legislator prioritizes the rights of creditors to reduce the agency. In fact, the goal of enforcing warranties against self-dealing transactions and limiting the granting of loans and credits to the agents of the company, is to support shareholders against agents.
Also by defining the requirements regarding the disclosure of information by businesses, the legislator's goal is to prevent the costs. Subsequently, shareholders, even minor shareholders, can be exempted from these costs by using the right to transfer shares or the right to evaluate and resell their shares and leave the company. On the other hand, the rights of the creditors and the parties transacting with the company will be protected with any assumptive change in any case. So if these changes are risky for the creditors of the company, the right to demand their claims before the due time is recognized. Also, in case of merging companies, all the commitments and contracts will be transferred to the newly-merged company, and these companies will be required to fulfill their contractual obligations.

Cloning of human beings outside of the natural reproduction system and finding ways to make human life longer are among the long-awaited dreams of men. Cloning is a new method in the medical world and a new technique for treatment of infertility. In this method, contrary to natural birth, a living organism is created not through natural fertilization but by means of combining a body cell with a sexual cell, where only the body cell affects the characteristics of the produced embryo.This phenomenon may on the one hand increase our knowledge of embryo growth and development, functions of genes, use of umbilical cord stem cells for organ transplant and treatment many fatal diseases; while on the other hand, it may result in the destruction of cloned human embryos and other irreversible effects such as dishonoring the human race and destruction of the social role of families and significance of lineage and descent among men. Despite this, the jurists have not yet provided a final ruling about the legitimacy or illegitimacy of the issue. This paper focuses on the legal aspects of cloned individuals in the legal system of Iran. Considering all topics covered about cloning, although there is no total agreement among the jurists yet, but it can be said that cloning may be considered legitimate so far as no damage is inflicted on the society. And the cloned child may definitely be called legitimate.