جستجوی مقالات مرتبط با کلیدواژه « حمایت حقوقی » در نشریات گروه « علوم انسانی »

Video games are one of the modern embodiments of entertainment that their legal protection is usually carried out through means of copyright; this course of action however, cannot be considered flawless as it includes shortcomings that emanate from the very nature of this form of protection; as a result, defining a pervasive frame of protection for these intellectual phenomena must be sought through means of industrial property protection, including patents, industrial designs and trademark. In this work, by resorting to comparative analysis of United States and Iran’s legal systems, we concluded that, as opposed to current methods, effective protection of video games needs thorough exploitation of legal capacities in both branches of intellectual property law. Moreover, reserving some technical parts of video games as trade secrets is another possibility that can be very effective, provided that the exploitation of the game is not against confidentiality of those parts.

Demanding dowry by the wife and the husband’s inability or insolvency to pay it is among the most frequent lawsuits in family courts. In such lawsuits, the wife refuses to perform marital duties in order to enforce the dowry, and even proving the husband’s insolvency does not invalidate her right. Such lawsuits undermine the foundation of the family, and the solution lies in the accountability of the state (government). State’s financial support for debtors is a religious obligation in Islamic jurisprudence. According to the Holy Qur’an and authentic narratives, the state should assist eligible debtors and help them with money from the treasury. The application of the reasons for the necessity of paying off debtors’ debts also includes dowry debtors, and there is no valid reason for excluding dowry from this general principle. Besides, the principle of family strength in the Islamic and Iranian legal systems requires that dowry debtors be supported. Despite the significance of this issue, in the Iranian legal system, no efficacious protection mechanism has been devised to support those who are unable to pay the dowry. The investigations of this study indicates that in the Iranian legal system, the religious responsibility of the state in supporting dowry debtors has been neglected.

The role of literary and artistic works in the cultural development of a society is so strong that many sociologists have considered the basis of education in art and have emphasized its fundamental role in the growth and promotion of society. The undeniable impact of literary and artistic works is that if these works are in line with human and religious ethics and teachings, they will result in scientific and cultural excellence, and moving along the path, will have no effect other than degeneration and decline. In view of the need to balance the interests of society in the pursuit of new and exalting literary and artistic works on the one hand and to support the creators of artworks in the creation of exquisite works on the other, this article seeks to determine whether there is a legal limitation or absolute protection of these works in Iranian law by expressing the role of literary and artistic works in society. And if the restriction is imposed, what is the criterion to apply the restriction? The results show that the absolute literary and artistic works in the teleological, ethical and human dignity legal systems, unlike capitalist legal systems based on materialism and pleasure, are not legally supportable and for determining Supported Items, must use legitimacy and legitimate rational interest criterion

At present the environmental pollution at the earth has reached alarming border. The environmental pollution, as a technical term, means the presence of undesirable substances in the Environment. Apart from the effects of pollutions on animals and plants, they leave effects on objects and buildings including historical and cultural monuments. Given that the majority of historical and cultural monuments have been built in stone or they are stone monuments, available pollutants through making corrosion historical and cultural monuments, rubbing and deforming them cause damages. In recent decades, historical and cultural monuments have faced various pollutions from oil and chemical pollution to air pollution through dust particles and pulverizing material. So far, numerous attempts have been conducted to deal with environmental pollution at regional and international level coming to approving hundreds of conventions and protocols on international and regional level in this case. Fortunately, modern man realized the importance of historical and cultural monuments, but he has not taken an important step on to protect the common heritage of mankind. The current paper, through investigating fundamentals of the international environmental laws as well as treats associated to the available historical and cultural monuments, is to introduce suggestions on protecting such heritage at the domain of international laws.

The legal system of elections in Iran is based on the principles of the Constitution, legal institutions and electoral practices. These three sources are parallel and the legal institutions are in line with the Constitution and the practices are in line with the domestic laws. Assessment of the stability and value of the legal system of election is dependent on the association with the said sources; however, this connection cannot be measured with legal criteria. According to the Constitution, the legitimacy of officials and the validity of the affairs are driven from the elections. Legal system of elections cannot be stabilized on the basis of domestic laws, because accumulation of the laws with regard to the elections and their continuous changes in the aftermath of the Revolution together with the defects have led the legal system of elections to a phase of practice and error. Furthermore, the electoral practices and understandings of the domestic laws cannot contribute to the needed stability of the legal system of elections.

The International Criminal Court (ICC), having the jurisdiction over the most serious crimes of concern to the international community, is established to end the impunity for the perpetrators of these crimes. ICC provisions have taken different supports for victims into account. The Rome Statute, the rules of procedure and evidence, the regulations of the court, the staff regulations &the agreement on the privileges and the immunities of the international criminal court are the documents that make clear the rights of victims in the justice process. Rights such as participation in proceedings, benefit from legal representatives’ assistance, notification of criminal justice system, and security are considered as legal protections. Victims’ rights, in ICC proceedings, will be explained& examined– in the light of ICC provisions and with regard to available judicial procedure- in this study.

Neither intervention nor the impact of the NGOs in political, social, legal and cultural fields of the developed societies can be denied. NGOs active in supporting persons with disability are not exception to this. Such NGOs may offer their support by playing an active role in the legislative process, as well judiciary proceedings. The case of Nicola Perruche- a child born with disability- is one of the most controversial cases which led to the decision of "Cour de Cassation, Assemblée Plénière" of France, as well as a French piece of legislation. "Cour de Cassation, Assemblée Plénière" considered him to be entitled to compensation. The decision has not been welcomed by the related NGOs, and, consequently, the French legislator consulted the NGOs to pass a piece of legislation offsetting decision of the "Cour de Cassation, Assemblée Plénière's" decision. Unhappy with elimination of the doctors' civil liability and transferring it to the social bodies by that law, once again NGOs lobbied for amendment of the law, the result of which was the enactment of 2005 law.  Careful examination of the case and subsequent legal events would offer valuable lessons to the Iranian judiciary bodies, the legislator, as well as the Iranian NGOs active in the field.