mehdi taleghan ghafari

The right to protection of privacy and personal information is one of the rights and freedoms that its aim is to protect the rights of individuals and respect to fundamental human rights. Identification the right to privacy and personal information and protecting it in law and determining the legal and criminal sanction, especially considering that this area is full of many problems can be challenging. The purpose of this article is to examine the protection of privacy and personal information and for understanding the laws in this area better; a comparative study has been conducted. The question of this article is what is the legal framework for the protection of privacy and personal information in Iranian and Canadian law? And Has Iranian law developed in line with other countries? In This research has studied the relevant sources and collected information by descriptive-analytical method After examining the concept of privacy, the protection of privacy and personal information in Canadian and Iranian law will be examined in detail, and finally it will be stated that a comprehensive and unified law is required in Iranian law. It is worthy, as progresses that accrue on this issue in other countries law in recent years, a single and comprehensive law should be formulated in Iranian law and legal gaps in this issue should be eliminated.

Natural resources such as land and mountains and seas are one of the God-given riches of societies protect and utilize it is one of the major tasks of governments. One of the most important natural resources is national land; it may be forest or grassland or desert. It is extremely important to distinguish national lands that belong to all people from agricultural lands that belong to a private owner. The that law gives the rangers the right to identify these two types of lands based on certain legal rules and criteria. Since there is always the possibility of rangers mistake in this diagnosis, in case of objection of the interested party, special legal authorities to deal with the objection and invalidation of ranger theory are provided in the law, which in some cases a special commission and in some other cases It is legal. In addition, according to the general principles of law, such as the principle of compensation for all illegitimate damages, and also according to the jurisprudential rule, it should be said that if the warlord has committed a mistake in identifying lands, the owner of the land, who has already suffered damage due to this misdiagnosis, can file a lawsuit against the warlord in the General Court of Legal Law in accordance with the general rules of civil liability and claim the damages.

Often in economic relations, there is no economic balance between producers and consumers, and in many cases the rights of consumers are harmed. The laws regulating private relations between individuals, especially the civil law, due to its general nature compared to many other laws, only state the general rules and principles and leave attention to the details to specific laws or the rules that Its existence seems necessary in the relationship between producer and consumer, it is silent. Identify the supporting rules. In this regard, firstly, the cases of this law which are also taken into consideration in the civil law, and then the cases which are specific to the law under discussion and mentioned for the first time in this reference are stated. The result of the research shows that despite the existence of similar rules between the civil law and the consumer rights protection law, such as the need to compensate for damages and the method of action regarding defective goods, other rules such as the need for a warranty, the concept of collusion, determining punishment for Damage caused by defects, the need for a standard, the prohibition of forced sales, the need to have an authorized representative or repair shop, the need to affix product labels, the need to form associations to protect consumers' rights, the need for monitoring and inspection, and joint liability can be considered as specific rules of the law. Protection of consumers, and the innovations of this law compared to the civil law.

In recent decades, the debate about embryo research and fertility treatments has been the subject of many political, ethical, legal and theological controversies in Iran and outside between countries. Lineage is one of the most basic human rights in Islamic law that every person inherits from his family. With the emergence of these technologies and the expansion of knowledge, the child's lineage due to these new technologies has been in the spotlight. These technologies have a great contribution in medicine science. In this field, in recent decades, a new method called cloned has been emerged in medicine science and in the field of technology. Due to the widespread use of this method, the lineage of cloned child and his rights will be one of the important issues related to this issue. This article has been compiled by descriptive and analytical method and by collecting data on library sources, also with the purpose of studying the lineage regarding cloned human in medical science in the scope of jurisprudence opinions and rules of international law. The findings indicate that the attitude of the jurists towards the rights of cloned child has differences with each other, but most of the jurists do not recognize the rights in this area regarding the legal descent of the clone, because the Fatherhood is not given to anyone.

Governments are responsible for providing social resources via their hierarchies of managers and organizational structures. An increasing development in state activities can in turn increase the chances for damaging nations. Particular to this study, excessive material and spiritual damages have been imposed on Iranians due to the entry of Coronavirus into the country, the inappropriate and untimely notification of the entry by the state, and the shortage of virus detection equipment. As obviously stated in the Civil Liability Law, a fundamental principle of Jurisprudence and law involves the necessity of damage compensation by the damager. Although the available jurisprudential and legal documents do not provide any pieces of evidence regarding the irresponsibility of the state for its actions, the article 11 of the Civil Liability Law does not hold the state accountable in this regard. This study is an attempt to illustrate why the state must be held accountable for the given Coronavirus damages. The study hence draw upon the principles of No Harm, Spoilage, Causation, Al-Kharaj bi Al-Dhiman, Unlawful Possession, and Justice in order to suggest that all sorts of damages must be appropriately compensated, without taking the state as an exception.

If we consider the basics and principles of proceedings in bringing the case to the aggrieved party, speeding it up can be one of the main foundations of judicial and civil justice, and of course, the electronification of judicial and proceedings services can also be defined as the main goal of proceedings in this area. In this regard establishing order in societies requires imposing appropriate laws. Updating the rules in line with the increasing development of information technology is a vital concern; hence the Judiciary Department Chairmanship has considered moving forward to electronic trial and has enacted regulations for the provision of electronic judicial services. According to the mentioned regulations, the offices of judicial services have been established and the lawsuit is necessarily filed through the mentioned offices. Filing a lawsuit by judicial service offices has many advantages and disadvantages; On the other hand, the imposition of regulations by the head of the judiciary department conflicts with the principle of incompetence in public law; However, it is clear that in many cases the requirement to use legally specified authorities has been the enactment of regulations to achieve the codified goals, but this authority should not be a factor in restricting the acquired rights of the people; therefore, an optional choice should replace the obligation of individuals to file a lawsuit through the mentioned offices.

The family has always been considered as the most basic social institution, paying attention to which is vital for ensuring the health of society’s members. Therefore, governments engage in systematic planning to support this institution, which contributes to the strength and consolidation of the whole society. Childbearing plays a very important role in the development of this social institution, improving the mental health of the family and thus of the community. Recent years have witnessed a special type of childbirth sometimes called calendar birth, in which parents insist, without being medically necessary, on untimely cesarean section to give birth to their child on a special day. This can have serious risks, because according to scientific research, interfering in the natural process of birth will have many negative and irreparable consequences. It is even acknowledged that important phases of fetal brain development take place in the final weeks of pregnancy. Families do this solely for the aim of bragging, and unfortunately it is going to form a new unfortunate, immoral custom. It should be noted that calendar birth is an issue in developed countries as well. It causes enormous costs to the health system of any country, as it deprives the baby of its uterine development, while the optimal growth and development of the fetus is a natural right of hers. Calendar childbirth is thus an emerging issue for discussion that have not been exclusively researched in Iran yet except for one article in which some dimensions of the legal responsibility ensuing from untimely cesarean operations have been examined with the emphasis   being on the physician’s liability. The importance of addressing this issue is doubled by the threatening consequences that change the fate of innocent children, especially because this action is carried out by parents for non-therapeutic and unnecessary purposes. Civil liability has specific goals and functions with regard to the individuals directly involved, the wrongdoer and the victim, and to the society as well; therefore, identifying civil, criminal and disciplinary liabilities for those involved in the calendar birth can curb, to a great extent, the continuation of this abnormality.The present article has been written in a descriptive-analytical method using library studies and deductive reasoning, to address the concern thus described.Calendar birth is a cesarean section performed out of time without medical necessity, the sole purpose of which is to give birth to a baby on a specific date. This type of birth has inevitable risks for both mother and baby due to the change in the natural delivery process. Apart from being immoral, and seen from a legal viewpoint, the calendar birth imposes civil, criminal, and in some cases disciplinary liability on involved persons. Demonstrating the elements of civil liability, including 1) the entry of loss, 2) the harmful act and 3) the causal relationship, in calendar birth establishes the civil liability of physicians, parents and health centers. In such a birth, the doctor, having the knowledge and expertise, is the one to whom the untimely birth is directly imputable (direct agent or Mubashir), and the parents provide indirect cause (indirect agent or musabbib) by expressing their consent to the premature cesarean delivery. Health centers are potentially a third agent in possible damages, due to their role in employing the doctor and the health service contract they enter into with the parents.The present study seeks to answer the following questions: First, can civil liability be established in a calendar birth? Second, assuming the answer to the prior question is positive, who can be held liable for compensation? and third, what is the legal bases for such liability? There is definitely a case for civil liability, the article asserts,  in the calendar birth, and doctors, parents, as well as medical centers can be held responsible. According to Article 526 of the Islamic Penal Code, in the case where both a direct and an indirect agent exist, the responsibility for compensation is distributed based on the effect of the perpetrators’ behavior and based on an objective standard. Therefore, the following results can be inferred:The calendar birth takes place with the aim of giving birth to a baby on a specific date or occasion, without considering the possible risks of untimely cesarean section. It is not only unethical, but also leads to legal liability.The elements of civil liability, i.e. the occurrence of loss, the harmful act and the causal relationship, can be established in the case of calendar birth for doctors, parents and health centers by deduction from various laws.The most recent policy the Iranian law adopted towards the case in which a direct agent and an indirect agent coexist is promulgated in Article 526 of the Islamic Penal Code enacted in 2013. This article explicitly holds the wrongdoer to whom the crime is imputable to be liable for compensation, and if the crime is imputable to all wrongdoers, they will each have an equal share of the liability, unless the effects of their behaviors in the loss are unequal, in which case their respective shares of responsibility will be proportioned to those effects, being measured according to an objective standard.The doctor, as a knowledgeable, expert professional involved in the calendar birth has the duty of providing adequate explanations to parents about the potential risks, and if cesarean section is performed, he will be held liable as the direct agent of the harmful act whose behavior have the greatest effect on the loss.Parents' consent to premature birth, when they are aware of the possibility of irreparable damages, is a cause of untimely cesarean section. Holding them responsible for their decision, which does have a tangible impact on the situation at issue here, as clearly endorsed by the objective standard, is in accordance with the law and with the interest of society and will help prevent the occurrence of similar incidents.The recognition of the principle of shared liability is Iranian law is attested in Articles 12 and 14 of the Civil Liability Act. The legislator has established a legal conception of causality in these articles, hence protecting the endangered rights in the best possible manner. Considering their employment relationship with physicians and their contract with parents, health centers also have to be held responsible to the extent of the impact of their behavior according to the objective standard.

The protection of intellectual creations in the realm of laws and regulations has been one of the most fundamental goals of legal systems in the present century; Therefore, both at the national and international levels, several laws and treaties in the field of literary, artistic and industrial property have been formulated and regulated, and each of them has supported different examples. In Iran, one of the most important and in fact the first law that has been approved in the field of literary and artistic property is the Law on Protection of the Rights of Authors, Writers and Artists approved in 1969, which is mentioned in Article 2 of the law. . Despite Article 2 of the Berne Convention, which can be interpreted in an allegorical way in various ways, Article 2 of the Law on the Protection of the Rights of Authors, Writers and Artists, which seems to be inspired by Article 2 of the Berne Convention, is a form of expression. Which has caused doubts about the allegorical or exclusive nature of its examples. In the present study, using a descriptive-analytical approach, while explaining different legal perspectives and presenting various other reasons, it is concluded that despite the supportive nature of this law, the method of preparing Article 2 and other materials related to this article is such that the view is exclusive. Supported by Article 2 of the Law on the Protection of the Rights of Authors, Writers and Artists, but due to the different effects that each of the above views may have, it is suggested that a moderate approach be chosen in this regard; Thus, if the emerging instances are able to comply with the instances mentioned in Article 2 of the said law and a similarity can be established between them, it will be supported and otherwise a special law will be set.

Along with the expansion in human societies and technological advancement, new forms of disease, with high transmissibility rates, find chances to spread in societies. The attempts at controlling such diseases and protecting public health requires improving pharmaceutical industries and inventing new medicine. Nowadays, pharmaceutical inventions shape an inevitable portion of industrial productions. Accordingly, many companies tend to invest in such inventions, although the progress in pharmaceutical inventions has its obvious benefits for human communities, unconditional support and production of such inventions may put people’s health that is a fundamental human right in danger. In parallel, one of the major challenges facing legal systems is their dilemma over protecting the intellectual property rights arising from pharmaceutical inventions, or supporting the right to health in human societies. In order to resolve this conflict, it seems necessary to take a new approach to intellectual property rights that do not violate the right to health. Such a novel approach can simultaneously the rights of inventors and the right to health in societies. To do so, many governments have led attempts to adopt comprehensive legislative systems in order to protect not only pharmaceutical inventions, but also fundamental human rights. The internationally-accepted TRIPS Agreement, and diverse nationally-set agreements are the result of such attempts at resolving this conflict. However, these international and local agreements have not effectively contributed to the resolution of the given conflict yet. A more substantive approach is hence required to simultaneously protect the rights of inventors and the right to health. It is recommended that legal systems impose restrictions like exceptions on pharmaceutical products to maintain the public order of the society.