sam mohammadi

The realm of digital property is a new area in the world of technology that must be addressed in different fields, especially law. In our country, the legislator has not yet provided an explicit text regarding the Digital inheritance property. In addition, like intellectual property rights, although digital property is immaterial, they will have a material effect, including patent rights and author's rights, which are recognized in Iranian law; like intellectual property, virtual properties are not physically tangible, but they have the same financial effects and can be classified as property and inheritance. The findings indicate that so far, the Digital inheritance assets have not yet penetrated Iran's laws, and the internal laws in this regard have not been legislated, despite the need and necessity due to the widespread use of these properties, there was no change in the recognition of digital assets. In this case, do digital properties have a place in Iran's law to be recognized as property or not? The Vice President of New Technologies of the Central Bank published a draft of the requirements and regulations in the field of cryptocurrencies in February 2017, and the bill that was recently submitted to the parliament is an attempt to the legal framework and define the rules of digital property in property can be considered with indulgence. According to the general rules governing material property, the digital property can also be considered as part of the property, be inherited, and at the same time be demanded, divided, and traded. The research method in this article is descriptive-analytical.

settlement contract in the capacity of transactions is one of the accepted types of settlement contract in Iran's civil law. The ease of using this contract in the society is one of the advantages of this contract, but there are disadvantages that can be pointed out as fraud and harming the third party, and the acceptance of this type of settlement contract is somewhat inconsistent with the philosophy of legalizing certain other contracts. The method of study and research is library. The jurisprudential sources and evidences of the legitimacy of the settlement contract in terms of transactions have been examined in the jurisprudence of the Farîqayn by looking at the law of Egypt and Iraq. It seems that the settlement agreement in terms of transactions does not have the truth of Sharia and removing this type of settlement agreement will not be against Sharia law and will block the way of abusing the law in this way.

The purpose of this article is to examine the compensation of damages caused by the delay in the implementation of the contract in Iranian jurisprudence and law.

The method of the present article is analytical description. 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 text, honesty and trustworthiness are observed.

In jurisprudence, there is no single point of view regarding the compensation for damages caused by the delay in the execution of the contract. Some believe that it is possible and some believe that it is not possible to claim damages in this regard. In the subject rights, the acceptance of damages for the delay in the performance of contractual obligations is accepted. If the damages are determined for the delay in implementation, the obligor will be entitled to demand the implementation of the obligation. Unlike when receiving damages for non-performance, in this case the obligation to perform is no longer possible; Because the application of the condition of damages is a substitute for implementation.

in the subject law, two types of agreed damages and damages determined by the law can be demanded in the context of delay in the execution of the contract, but there are ambiguities regarding damages for loss of profit, which need to be clearly expressed by the legislator's approach.

Corona virus or Covid-19 is a disease which affected most of the countries for many year such as Iran and America and caused lots of difficulties and suffering for governments and people. Now days one of the important matters regarding the civil responsibilities of the government is transmission and spread of Corona virus among people. Due to that the aim of this project is to comparatively analysis the conditions of the civil responsibility of government towards the use of Covid-19 vaccination and methods of compensation in the Iranian and US Law system. Writer of this article tried to refer to the subject by sticking to descriptive-analytic method to explain the adaptation of the civil liability of legal system of Iran and America and find out the differences between them. Results obtained from this research show the government responsibility plan regarding this epidemic disease. It means the action or decision by the authorities can lead the responsibility of the government. Also, in US Law system to compensate the lost and damages caused by this covid-19 vaccination the compensation fund and civil responsibility insurance to compensate this case is established. And other achievements are that the government's exemption from non-judgment damages is exceptional and the main principles of the necessity require compensating unjust loss. The government can only cite it when it is sure that it has legal documentations.

According to Clause 4, Article 51 of the Civil Procedure Code, one of the obligatory provisions of a claim is the commitments and grounds by virtue of which the plaintiff is entitled to the claim. In some of the mentioned articles of law, such as Articles 15 and 98, the origin, and the cause of the claim are also referred to. In civil procedural law, the origin, grounds, the cause and the mode of the claim have not been properly explained; hence, by studying legal sources, one can find out that some jurists have considered the origin and mode of the claim as the same, and others have coined the ground of the claim and sometimes equated it with the origin of the claim. Distinguishing the difference, and at the same time, the relationship between them, has important effects on the litigation. For example, it can be determined which one is obligatory to mention in the claim since the failure to specify it will cause the suspension of the claim and the issuance of a notice to remedy the defect. Furthermore, changing the origin of the claim after filing the claim is not possible, but changing the mode of the claim is possible when the conditions stipulated in Article 98 of the Civil Procedure Code are observed. The legislator’s flaw is to mention some words without stating their meaning, for every word or phrase in the civil procedural law has its own specific legal effects. In this research, the obligations and grounds, as well as the origin, the coined word 'cause', and also the mode of the claim are explained in simple and clear language.

Today's money, paper money and bills, has a credit value, which takes its credit from the government and represents a certain purchasing power. In the current situation, due to the annual increase in inflation rate, the issue of the guarantee due to the devaluation of the value of money is very controversial. Different opinions have been presented by the jurists regarding the possibility of reimbursing the value of money. One of the issues in which the matter of reimbursing the value of money may be raised is the guarantee to indemnify. Some of the jurists consider that the seller is obliged to reimburse the value of the price (money) due to his responsibility in returning the price and compensating for the ignorant customer. This article uses a descriptive – analytical method. The approach of this article is based on the impossibility of demanding a decrease in the value of money, in the absence of an explicit and implicit condition within the contract regarding the issue of guarantee to indemnify, in order not to prove the fault of the seller.

Note 1, Article 43 of the Securities Market Law, the board of directors of the stock exchange, along with the arbitration board, is competent to deal with damage claims in the process of the initial offering of securities; The board of directors of the stock exchange, in addition to the dignity and duties of the board of directors of public joint-stock companies, has other competences and duties regarding being a publisher and self-regulating organization. The above-mentioned regulation needs to be carefully examined in terms of the type, scope and limits of jurisdiction of the board of directors of the stock exchangeAnd by examining it, it is discovered that it is unclear about the procedure and organization of the hearing, as well as the issuance of the opinion and its implementation. In addition, the board of directors lacks any legal-judicial dignity, and the handling of lawsuits in it is faced with a fundamental problem, and due to the jurisdiction of two authorities with different organizations, the possibility of conflicting opinions issued in a single matter is very high. However, in the laws of other countries, including the United States and the United Kingdom, although other institutions other than the court are responsible for dealing with violations, creating compromises, arbitration between the injured party and the causer of the damage, and similar cases in the process of the initial offer, the judicial investigation of the issue is the responsibility of the judicial system. A detailed examination of the regulations on the topic of discussion and its adaptation to other countries makes clear the necessity of its narrow interpretation, modification and completion in the current situation where the capital market needs support; Therefore, this article aims to emphasize the necessity of amending the relevant regulations by carefully examining the existing internal and external sources and writings, while examining the various aspects of the board of directors' competence;  Especially since the preparations for amending the law have already started.

Statement of the Problem:

 One of the fundamental aspects of legal relationships involves situations where one party has undertaken an obligation but finds themselves inclined to dissolve the legal act. In such circumstances, resignation becomes a viable option for individuals seeking to exit a legal relationship. Resignation is generally understood as an act of unilateral will to dissolve a legal agreement. However, the complexities of various laws indicate that in certain cases, the effectiveness of the applicant's resignation hinges on the approval of another authority, thus transcending the mere will of the individual.

The purpose of this research is to delve into the legal nature of resignation within the context of legal actions. By doing so, we aim to ascertain the precise date of resignation and the termination of legal obligations for an individual involved in a legal relationship. This investigation will significantly contribute to a comprehensive understanding of resignation's role in legal actions.

Questions:

 This study endeavors to address the following crucial questions: To what extent does the effectiveness of resignation depend on the applicant's will? Is the nature of resignation identical in both permissible and necessary legal actions? Legally, how can the nature of resignation be categorized to determine its effective timing?

Hypothesis or Claim of the Article: 

Our central hypothesis posits that in the realm of revocable legal actions, the effectiveness of resignation does not necessitate the consent of another party and largely relies on the unilateral will of the applicant. Conversely, in the context of irrevocable legal actions, the effectiveness of resignation becomes contingent upon obtaining the approval of a specific authority, resulting in situations of bilateral discharge or postponed unilateral legal acts.

This article adopts a rigorous research approach that combines library documentation with an analytical descriptive method. Due to the limited availability of direct sources on the subject, we meticulously collected relevant information from legal and jurisprudential books and articles, thereby facilitating a comprehensive legal analysis.

In revocable legal actions, resignation is predominantly deemed a unilateral legal act, taking effect solely based on the applicant's will. However, exceptions arise where the law or contract explicitly stipulates otherwise. For example, in civil law, a lawyer's resignation is typically a unilateral act, unless mandated otherwise in the contract, making it bilateral in nature. When a mandate is included as a corollary condition in the revocable contract, a lawyer's resignation requires consent from the lawyer, thus assuming a bilateral discharge.Similarly, in civil companies, the resignation of a manager is typically unilateral, yet under an irrevocable contract, the resignation's effectiveness is contingent upon the consent of other partners, leading to a bilateral discharge. When it comes to corporations, the resignation of managers is generally effective through the declaration of the applicant's will, representing a unilateral legal act. However, if their resignation is subject to the approval of an authority, it transforms into a bilateral discharge scenario.Contrarily, irrevocable legal actions require the approval of a specific authority for resignation to take effect, leading to instances of both bilateral discharge and postponed unilateral legal acts. In labor law, an employee's resignation nature varies based on contract terms,either becoming a bilateral discharge or a postponed unilateral act. In certain exceptional cases, resignation may have no effect at all. For instance, in employment relationships, parliamentary roles, labor-employer relationships, endowment, and contractual wills, resignation may not be legally recognized or effective.In conclusion, understanding the legal nature of resignation in legal actions is pivotal in clarifying the dynamics of legal relationships. The distinction between revocable and irrevocable legal actions, along with the role of consent from other authorities, has far-reaching implications for individuals seeking to dissolve legal agreements. This study sheds light on the complexity of resignation in different legal contexts, providing valuable insights for legal practitioners, policymakers, and scholars alike. Further research and analysis in this area will continue to enhance our comprehension of resignation's significance in the broader landscape of legal actions.

Among the challenging issues regarding the validity of the adjudicated matter, regarding the possibility or impossibility of extending the rule to the final decisions; In particular, the lawsuit is expected to fall, which has caused confusion in the judicial courts and especially among the legal doctrines. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In the law of civil procedure, finality is special for opinions that cannot be sued by normal means, and this is the same meaning that can be deduced from French law. The results of the upcoming research indicate that the rule of validity of the adjudged matter governs the opinions issued in the nature of the lawsuit and are conclusive. This is the reason why the judicial procedure does not include other final orders issued by the court as valid except for the decision to drop the case.

One of the financial rights that is created for a woman in the marriage contract is Mahr. In the present study, the formalities and mechanisms of Mahr demand by the wife will be investigated in the light of new legal developments, including the circular of the head of the judiciary and the law of the third five-year development plan.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present research show that the circular of the Head of the Judiciary, in accordance with paragraph B of Article 113 of the Law of the Sixth Five-Year Development Plan, in line with the wife's referral to the document registration office to collect Mahr  With the wife's right to go directly to the court within the framework of the general rules of the civil procedure law, it creates practical challenges.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

If the Mahr is documented in a document, the wife must first apply for the issuance of a procedure to claim the dowry through the office of the marriage registrar and the registry office, and she does not have the right to directly demand the Mahr through the court. Also, if it is necessary to go to the court, the wife is obliged to pay the court fee based on the daily price, which is in conflict with the rules of civil procedure.

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.

Rules of procedure, contrary to the substantive laws, are subject to change based on the requirements of time and place and the conditions of, and facilities available to, the society, and with the growth of technology. Therefore, despite that the Civil Procedure Code currently in effect has been enacted as early as in 2000, the legislature and consequently the judiciary, due to the inefficiency of that law, has sought to change it to reduce the excessive costs of litigation for individuals and the judiciary and minimize the procrastination. These efforts are crystallized in the Judicial Case Management system, resulting in the removal of redundant formalities from the proceedings and demonstrating itself in two main patterns, legal deregulation and material deregulation. Relying on modern technologies, the latter pattern consists in moving litigations away from the traditional manpower-based form it used to have.Although a comprehensive law on e-litigation has not yet been enacted, many of the rules of litigation are now processed electronically. This article argues, in response to this situation, that what is becoming electronic is litigations, the very right of individuals to access justice which is enshrined in the Iranian Constitution. Therefore, the major basis of the system should be the law, rather than the information technology and the abilities of  engineers. The judiciary, in its very rapid advancing in the electronization of proceedings, has simply set aside some of the encumbering rules without replacing them by new lawmaking to address the problems in a more informed way. In some cases, instead of providing electronic services, this system decides in place of court judges, clerk or others involved in the lawsuits, neglects the application of the principles of proceedings that are meant to guarantee the acquired rights of individuals, and deviates from the purpose of assisting the proceedings. The litigants have no say whether the litigation is to be performed electronically. The optional e-litigation procedure is applied in the courts of France, and the choice of e-litigation or electronic information exchange in that country must be based on the litigants’ consent, which they even have the right to retract. The Judicial Case Management system should thus be designed in such a way that neither ignores the regulations nor allows electronic services beyond the law to be introduced in the litigation. In other words, since the litigation is the core of this system, it is not justified to subject the procedures to inefficient changes without necessity. Accordingly, the most important challenges in e-litigation will be criticized in this article and the effects of e-litigation in providing a fair trial and securing the rights of litigants will be explored by examining relevant rules and procedures.The present article has been written in a descriptive-analytical method using library studies and a deductive method, to address the challenges and concerns in this field.The actual notification is one in which the form of notification is delivered to the addressee’s own, if the addressee is a natural person, or to a person authorized to obtain judicial documents, if the addressee is a legal entity, in accordance with procedural rules, by the officer legally responsible for the execution of the notification, in exchange for a receipt, and the process is reported to the court office. In electronic proceedings, according to Article 13 of the Regulations on the Use of Computer and Telecommunication Systems and Article 8 of the Regulations on the Provision of Electronic Judicial Services, electronic receipt of judicial papers to the addressee's account in the notification system is deemed as valid actual notification. The fact that the notification is seen by the addressee, along with its time and other details, is recorded and stored in the notification system, and will be given all the effects of the actual notification. Logging in to the notification system through the user account and viewing the papers in this way is considered a receipt.The present study seeks to answer the question whether, assuming the enactment of comprehensive rules of electronic procedure, all the stages of the proceedings could be implemented electronically, and how this method of litigation could ensure the rights of litigants, in spite of all challenges it is faced with. The article argues, in response to this question, that what is becoming electronic is litigations, the very right of individuals to access justice which is enshrined in the Constitution. Therefore, the major basis of the system should be the law, rather than the information technology and the abilities of engineers.E-litigation has undeniable benefits, such as the elimination of collusion between litigants and the notification officers, the capability of preparing and sending several records without going to court and, more importantly, the time efficiency. It has also several drawbacks for litigants as this practice is neither based on sufficient legal materials nor supported by enough technical infrastructure. It thus seems that it was the reduction of government costs rather than securing the interests of litigants that has motivated the project. As far as litigants are concerned, they will be forced to have a mobile phone line and a phone with special capabilities, to be connected to the internet, and to constantly monitor the Judicial Electronic Registration system, which demands time and expense. On the other hand, individuals will be obliged to accept various undesirable effects and consequences of e-litigation, such as going to the offices of the Judiciary to file lawsuits, to be confined in describing their claims to the precomposed clauses of electronic forms without much power to alter them, and at the same time to pay many different and additional costs that were not necessary in non-electronic proceedings. Also, one cannot request an immediate hearing during holidays or in non-office hours, and may be notified by the system at times of the day that are outside office hours, so he will miss, in practice, the day of notification. Finally, considering that many citizens do not have the necessary facilities for e-litigation and many other drawbacks of this electronic system, it not only does not guarantee the rights of individuals to a fair trial, but can also be considered a violation of their rights.

Jurists and lawyers allocated the Right of rescission- that it is rule of general contract law - to the irrevocable contract. This means legal acts lacking in " contractual " and " irrevocable " characteristics do not entail Right of rescission . Adherent of the opinion have provided reasons to proof and strengthen their opinion which to have been accepted by the majority of the scholars of this science . on the other hand a group of jurists and lawyers has argued that right of rescission in revocable contracts shall not impossible or unlikely .. This group have given reasons for its opinion .This article is an attempt to understand whether the right of rescission is applicable to revocable and even quasi-irrevocable contracts. It will review, analyze and examine the mainstream reasonings while considering the counter-arguments . Key words: Right of rescission, Revocable contract, Quasi-irrevocable contract, Revocation of quasi-irrevocable contracts

Conflict of interest is one of the situations that can lead to corruption. In order to manage these situations and deal with its adverse effects, several strategies have been used in various fields. This study is trying to answer these main questions: does managing conflict of interest situations require independent legislation? And how can the law help manage these situations? The present study is analytical in nature and, by collecting the required information through the library method and examining the experiences of other countries and legal doctrine, has reached the conclusion that situations of conflict of interest have grounds for the emergence of person-centered and structure-oriented. Person-centered contexts are largely similar, with the adoption of general and comprehensive laws that can help control this part of the conflict of interest. On the other hand, the areas of conflict-oriented structure due to the structural differences of each institution with each other, require special attention and the adoption of case-specific laws. Adoption of the bill "How to manage conflicts of interest in performing legal duties and providing public services" can largely cover person-centered issues of conflict of interest. It can almost respond to the need to manage conflict of interest situations in Iran but in specific areas, special attention and the adoption of special laws is necessary.

Deeds and their evidentiary role are of great importance today in judicial process as well as in other social relations. While they used to have a lesser role in the past centuries, this role was not totally marginal either. Most Imami jurists reject deeds as evidence and have questioned their validity on various bases including the exclusivity of the valid types of evidence specified in the Sources, the possibility of frauds and impossibility of the intentions being embodied in writings. A glance at the history of deeds reveals however that they were used for specific purposes in any particular era. They were often produced by the parties to transactions and were often accepted by the courts. There were official jobs associated with scribing and preparing deeds. Moreover, Quran has commanded Muslims to write down their contracts. This study aims to renounce the notion that the deeds were regarded invalid as evidence, and to demonstrate that it was only the lifestyle of the past generations that made their employment difficult and that from the legal point of view, there is no caveat to the validity of the deeds.

Intellectual property rights refer to a set of rules and regulations that protect intellectual creation in a specific framework. The author, for the material and spiritual exploitation of the work has created, and concluded various contracts that violate each of the parties to the contract, may harm the material or moral rights of the originator. There may also be violations of the rights of the originator by third parties and in an out-of-contract area, under which the material and moral rights of the author are subject to a breach. There are some questions about whether there is sufficient guarantee in Iran's laws of the country? Are there appropriate solutions to the TRIPS agreement? According to Iranian law, the damage caused by a violation of intellectual property, such as the Trips Agreement, will be materially and morally indispensable, with the difference that the Trips Agreement in the field of compensation, rules and standards, including the standard royalty And fair compensation, in which the copyright is correctly recognized, however in Iran's laws it is merely incontestable to the terms of compensation and is not stated in the terms and conditions of the article; Temporary and precautionary issues are also subject to shortcomings, including lack of clarity and similar goods are disposed of.

A proper inquiry into the laws of the existence of a right in the name of the right of priority.It is the privilege and ability of a person to be able to do or gain privileges before others.One of the instances of this right is the right of shareholders of the joint stock companies referred to in Article 166 of the amended Bill of Trade Act of 1347 to include shareholders after the capital increase.However, less has been done on whether this right can be referred to as a specific right like any other recognized right, and by identifying the pillars and their status among the various rights of a person, he has attained his rights in terms of his right to be object or debt or religious, to be able to be transferred, detained, and detained?What is the basis for the exercise and effect of this right for shareholders?This article examines these cases.

Writs form one of the most important types of judicial decisions in courts. The question which always challenges lawyers mind in terms of analyzing the type of judgments of the objectionable by a third party is whether or not writs can be objected similar to judgements by the third party. The compilation quality of the relevant regulations from the code of legal procedure in 1290 to the civil procedure law in 1379 and applying the terms » every kind verdict and writ« in previous laws and the phrase » every kind judgment« in new code, as objectionable judgements, the necessity of obtaining condition of disorder to the right of third party for accepting the protest, the elements and features governing to » judgement of court « and the other principles governing to procedure rules, have caused to law intellectuals to be different in opinions on the possibility or impossibility of the third party protest to the interlocutory writs, finals decrees or writs of attachment. Regarding the studies on different opinions and relevant explanation, the present essay, will reveal the fact that in spite of the general application of the term »judgment« in articles 417 and 418 of the code of procedure… in civil matters 1379, the rules of third party objection only includes the judgements not any writs.

Under articles 37 and 48 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the seller is entitled to cure the lack of conformity of the goods due to specific circumstances. The same legal establishment has been accepted in the Article 7-1-4 0f the Unidroit Principles of International Commercial Contracts (UPICC).Anticipating the seller’s right to cure, one controversial issue raised is the status of the buyerchr('39')s right to avoidance. Subsequently, the question arisen is whether the sellerchr('39')s right to cure is prior or the buyerchr('39')s right to avoidance. While there are various interpretations of Article 48 leading to disagreements, in UPICC, the buyer has no right to avoidance in case of seller’s cure under Article 7-1-4. Similarly, according to general principals including Article 478 of the Civil Code in Iranian legal system, the buyer has no right to terminate if the seller is ready to cure.To conclude, we can say the seller’s right to cure from the perspective of the doctrine, judicial precedent, legal and economic analysis has priority over buyer’s right to avoidance.

In Article 873 Civil Law the issue of inheritance has been raised in relation to persons who inherit from each other but whose time of death is unknown and the precedence of death of one of them is not known. The article mentions two exceptions and excludes others who are subject to the above situation from inheritance; the first exception is related to the case where their death is the result of drowning and the second exception is in case of death due to destruction. The above exceptions, which are included at the beginning of the article, are adapted from Imami jurisprudence. The apparent conflict at the beginning and below of the above article has affected the judicial opinions as well as the opinions of legal scholars. In this article, by examining the basics of the two rulings on non-inheritance and inheritance in the exceptions provided in this article, as well as the existing views on its limited or extensive interpretation, the possibility of inheritance in similar incidents, which is more common, has been investigated. And finally, by observing the framework of Article 873 Civil Law and also the requirements of the time and in order to solve social problems and in terms of custom, we considered the possibility of expanding the examples within the scope of the concept of destruction.

Business documents, including Bill of exchange, promissory note, check, are most basically issue to be used an alternative to money. These documents are subject to specific rules and regulations and have special characteristics which distinguish them from other documents and so make them function better than cash. Those in charge of paying the document sum such as issuer, endorser, surety, and drawee may reach conditional agreements with the bearer of business documents over their own, duties and obligations of the bearer or the rights set out in the document pursuant to the rule of supremacy of will. Results of such agreements may include changes in any of the foregoing. Are all agreements considered effective, binding and enforceable in this respect? In this article, with a glance at the unified rules of Geneva Convention of 1930 regarding bill of exchange and promissory note and of 1931 regarding checks, and other legal systems. we deal with the condition and realm of the effects of these private agreements in and on business documents and their validity or invalidity in Iran's law.

With the Introduction of Technology in the Legal system of Different Countries, Including Iran, Various Advances Have Been Made, Including in the Fields of Litigation and Electronic Service. In the Meantime, Electronic Service as one of the Components of a Fair Trial Should be Considered. The Need to Use Electronic Devices in the Process of Litigation and Service is an Undeniable Issue. This Necessity is Felt More in the Current Situation of the Society and the Judiciary has Used These Conditions as a Suitable Opportunity to Advance its Goals in the Field of Litigation and Electronic Service.

In This Study, Which has Been Collected by Analytical-Descriptive Method and Using Library Tools, First, the Process of Electronic Service in the Iranian and Common Law Legal Systems Has Been Examined. In the Next Step, According to the Tools Available to the Courts of Both Legal Systems in the E-Litigation Process, the Effects and Gaps of These Systems Have Been Considered and Discussed.

In the Field of Electronic Service, in Order to Complete This Great Change in the Iranian Judicial System, This Process Should be Designed for Iranians Abroad and People With Unknown Location and Without an Account. On the Other Hand, the E-Litigation System Does not Have the Ability to Completely and Fundamentally Bypass the Traditional System; Rather, it Must Move Alongside This System and Develop and Improve its Efficiency.

 In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Examining the Common Law System in the United States and the United Kingdom, We Find that the Principle of Optionality Applies to Electronic Service and Courts Use Electronic Service in the Case of Consent, as Well as in Cases Where They are Frustrated by Traditional Means; This Indicates that Electronic Service has Come to the Aid of the Traditional System With the Help of the Judicial System, and that the Courts Should not Approach the Elimination of Traditional Methods.

Whether the nature of a debt affects the realization of bankruptcy is among ambiguities having been left unaddressed in Article 412 of Iran Commercial Law due to the lack of new legislation in this respect. Given that commercial debts may realize conditions for an order of bankruptcy to be issued; this study was intended to explore the effect of non-commercial debts in this regard.
The issue in question has been raised due to Iran Commercial Law’s absolute (unconditional) use of the term ‘debts’. Some believe that debts, regardless of their nature, may serve a cause for bankruptcy, while others grant such an effect only to commercial debts. This disagreement in jurists’ orientations has led to the lack of concurrence among court decisions: courts advocating either of these notions operate diversely in their decisions.
The scrutiny and analysis of these notions led us to the conclusion of non-commercial debts exerting no effect on bankruptcy realization. Performing a critical analysis of the scientific literature in favor of civil debts’ effect, this study also provides other relevant arguments to reinforce its position.

The issue of the multiplicity of instruments is devoted to examining the effect of various instruments on unit loss. This may be in the form of a community of instruments that form longitudinally or transversely as a single source of damage, or that several instruments are independent and unrelated to each other, and  each cause be it the source of the guarantee independently. Thus, although causation is not exclusive to customary causation and may arise from contractual or legal liability, assuming the independence of the independence multiplicity of instruments, we see a legal entity of attachment liability in which many authorities are unrelated to Each other is liable for all damages for the loss. this article attempts with scrutiny in meaning and understanding of cause and causation and offerring a division of causation, also divides the multiplicity of instruments with a new approach in terms to the social multiplicity of instruments and the independence multiplicity of instruments. And to explain the recent role of the multiplicity of instruments in creating the responsibility we have referred to as attachment liability, with different instances.