جستجوی مقالات مرتبط با کلیدواژه "شخصیت" در نشریات گروه "فقه و حقوق"

The development of a legal system based on Shīʿa Jurisprudence has led to the incorporation of several jurisprudential opinions in the field of legislation. However, the comprehensive nature of legal rulings and therefore the formation and development of legal entities has led to the fact that social and economic transformations and demands do not welcome some traditional jurisprudential opinions, such as debt exemptions for natural persons. Principles such as lā żarar (No Harm for Anyon), Mafī ʿUsr va Ḥaraj (No Difficulty and No Hardship), Banā-yi ʿUqalā (Concept of Rational People), and legal principles like the principle of equality of individuals before the law can be considered as factors that enable the dynamics of jurisprudence. The analysis shows that since transactions are not absolute divine orders and are understood based on rational custom (ʿurf-i ʿuqalā), it is possible to establish debt exemptions for legal entities through the method of common reasoning from jurists’ opinions. In the end, all of these rules and principles work towards two main goals: being fair and improving human morality and elevated interests. To reach these goals, it is necessary that the legislator support legal entities and aid them in starting anew after dissolution.

In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. Among these creations, fictional characters hold a profound influence over our daily lives and entertainment pursuits, spanning various media such as movies, books, and computer programs. Iconic figures like Sherlock Holmes, Batman, and Superman exemplify the significant fictional characters that have received such protection. Given the vast diversity of fictional characters, it becomes imperative to secure the rights of their creators, thereby fostering the necessary motivation for their ongoing creativity. Consequently, the principal objective of this article is to delve into the mechanisms by which fictional characters are safeguarded within the framework of literary and artistic property rights. Specifically, the article seeks to address whether it is feasible to independently protect these characters within this legal structure.To achieve this goal, a descriptive-analytical methodology is employed, drawing upon court jurisprudence, particularly in the United States, to elucidate the legal underpinnings and delineate the elements, possibilities, and criteria for protecting fictional characters. Central to this examination are discussions on the concept of fictional characters, methodologies for protection, criteria for identifying infringements, proprietary rights, and protected elements. Moreover, it is important to note that data collection for this article follows a documentary and library-based approach. Utilizing the library method, a cornerstone of scientific research, ensures a comprehensive exploration of existing literature and resources. Through this methodological framework, data is systematically gathered and analyzed using a descriptive-analytical lens. The article concludes that fictional characters can indeed be independently supported, distinct from the larger artistic work. These characters are defined as "abstractions eliciting a response in the mind of the reader or viewer through written or spoken words." Consequently, certain guiding principles must be observed in supporting fictional characters, notably the principle of " idea-expression dichotomy." In the realm of works in in Literary and Artistic Property Law System, protection extends to the tangible expression of the work, rather than the underlying ideas. The work is defined as "the expression of creative and original literary and artistic thoughts of the creator that has been established in the outside world." Additionally, authenticity and fixation conditions are pivotal for support, ensuring the character's origin from the creator and its objective manifestation. Further examination focuses on tests designed to assess potential violations of fictional character rights, such as the " Distinct Delineation Test," the " Story being told test,” And the "three-part test." These tests evaluate elements such as physical appearance, identity, evolution, and narrative significance. Ultimately, an analysis of relevant cases demonstrates that courts recognize the possibility of independently protecting fictional characters, provided they exhibit originality and developed expression. The application of such tests within judicial procedures serves to bolster creator motivation, stimulate creative endeavors, and attract investment in cultural and artistic domains, alongside other cultural and social pursuits.

Nowadays, individuals can gain fame through the media based on their abilities, luck or due to their attribution to other people. The formation of fame for individuals has two inevitable effects and risks: On the one hand, people in society are interested in knowing the details of a famous person's life, and therefore the famous person is exposed to the risk of violation to privacy right. On the other hand, because of prevalence of different types of the media, modern fame has gained commercial value, so that the suppliers use the identity characteristics of a famous person to promote their goods and services to increase their supply. To deal with these two dangers, the legal system uses two solutions: first, by using the general and pre-existing right to privacy, which is rooted in personality rights and human rights, it tries to prevent the violation of the privacy of these people. Second, by inventing a new right as the right of publicity, which is both rooted in property rights and personality rights, it organizes the commercial use of the identity characteristics of celebrities. Financial effects of this right (assignability, waivibility, descendibility, etc) must be adjusted in interaction with personality rights and public order.

Crime prediction, by emphasizing the spatial, individual and social criminogenic variables, seeks to adopt preventive approaches and eliminate criminogenic factors. The present study was conducted to evaluate the crime prediction in the light of the Myers-Briggs personality test among all undergraduate law students at Ferdowsi University of Mashhad. The data collection tools in this study are the researcher-made questionnaire and the Myers-Briggs questionnaire or MBTI, in which four dual dimensions of personality are considered, including introversion-extroversion, sensing-intuitive, thinking-feeling and judging- Perceiving.The correlation matrix showed that the probability of committing a crime is inversely related to the variables of extroversion, introversion, sensory, intuitive, intellectual and judgmental and is directly related to the perceptual and emotional variables. Examining the effects of personality types in the MBTI questionnaire showed that feeling, intuitive and judging variables can predict crime. The positive coefficient of feeling personality variable in stepwise regression shows that this variable can predict crime. However, the negative coefficient of intuitive and judging personality types indicates that these two personality types can predict not committing a crime. As a result, people with feeling type commit crimes due to emotions and low self-control. On the contrary, rational decision-making, realism and focusing on the truth in people with intuitive and ethical personality type, high self-control and logical decisions in people with judging personality prevent committing crimes.

Crime prediction as a statistical/mathematical concept estimates the probability of committing a crime through the collection and analysis of individual information and demographic variables (Eck et al, 2005: 33). Thus, crime prediction predicts human behavior and estimates the probability of crime by considering various conditions that are effective in committing a crime. Based on this, it should be said that "crime prediction is a branch of futurology that studies hypothetical futures in order to prepare for dealing with criminal behavior" (Gholami and Barzegar, 2017: 10). Since identifying important methods for crime estimation is one of the basic concerns and issues in dealing with crime, today crime prediction is considered as one of the most important tools for identifying dangerous variables and adopting preventive and restorative measures.
The findings of many studies in criminology and criminal psychology have proven the role of personality traits in committing crimes (Barjali and Abdulmaleki, 2013: 58). The psychological findings of criminal behavior also show that many people who have personality disorders and show maladaptive behaviors commit crimes in different situations (Sotoudeh et al., 2014: 81). According to Ising's theory, criminal personality depends on the existence of at least two ability variables, extroversion, psychopathy and psychopathy (Eysenck, 1952: 349). According to some other opinions, on the one hand, psychopathic extroverts, in terms of personality, are the people who have the most criminal talent, and on the other hand, psychopaths are always prone to commit crimes in terms of personality; Because as a result of unknown physiological factors, they become callous, vengeful, callous and unfeeling (Kampen, 2009: 16).
Therefore, considering the important role of crime prediction in identifying risk variables, risk management and adopting preventive mechanisms, and the important effect of personality types on lawfulness or law-breaking of people, this research, while emphasizing on crime risk management and using interdisciplinary approaches, tries to use from the Myers-Briggs personality test and in the form of an experimental study, to examine the relationship between personality types and the likelihood of crime among undergraduate law students of Ferdowsi University of Mashhad.

This research is descriptive and correlational in terms of applied purpose and method. Correlation research is one of the descriptive research methods that examines the relationship between variables based on the research objective. Therefore, the correlation method is used for the two main purposes of discovering the relationship between variables and for predicting the subject's score in one variable from its scores in other variables. The statistical population of this research is undergraduate law students at Ferdowsi University of Mashhad. To investigate the relationship between the Myers-Briggs model theory and its application in predicting crime, the 60-question MBTI questionnaire was used. This questionnaire, which is actually the same questionnaire derived from Myers-Briggs model theory, was presented by these two researchers. Each question contains two propositions to which the respondent chooses the desired answer. In fact, there are no right or wrong answers in the MBTI questionnaire. This questionnaire has been used as a standard and valid global questionnaire in many studies and its validity and reliability have been confirmed. (Harrington and Loffredo, 2001; Steel and Young, 2008; Kim and Hon, 2014; Oh et al, 2007; Rushton et al, 2007) At the same time, to analyze the relationship between personality theory and predicting crime, it is necessary to measure the dangerous state/propensity for crime. be considered; Because the relationship between personality theory and crime prediction cannot be obtained without the criterion of criminal capacity. For this reason, in the questionnaire created by the researcher in ten separate questions, petty crimes such as minor destructions, cheating in the exam, littering, driving without having a valid license, etc. were considered as a measure of criminal aptitude. At this stage, to measure the validity of the researcher-made questionnaire, the opinions of experts and experts were obtained.

The results show that the dependent variable - committing a crime - with extroversion (-0.038), introversion (-0.104), sensory (-0.050), intuition (-0.152), intellectual (-0.263) variables and judgmental (-0.283) has an inverse relationship and a direct and significant relationship with perceptual (0.152) and emotional (0.141) variables. The significance level for emotional, intuitive and judgment independent variables is less than 0.05 (P-Value<0.05) and as a result, these three variables have the ability to predict crime. The positivity of the coefficient of the emotional variable indicates its positive effect on crime, and the negativity of the intuition and judgment coefficients indicates their negative effect on crime.

Based on statistical findings, in the first step, emotional personality type has a significant positive relationship with crime. The emotional personality approach, which represents the actions of the peripheral nervous system and a reflection of the biological readiness for physical reaction to stressful events (Dosant, 1390: 111), includes features such as temper tantrums, anger, and dissatisfaction. Thus, emotional personality shows the intensity of emotional reactions in forms such as aggression and dissatisfaction. Therefore, emotional personality can be considered aligned with some variables proposed in Pinatel's criminal personality theory. To examine the transition from thought to action, Pinatel believes that each person's personality has five variables, which consists of a central core and four variables. The four variables around the central core are egoism, temper tantrums, aggression and indifference. According to him, when the two or three mentioned variables are formed around the central core, the probability of committing a crime will increase (Najafi Abrandabadi and Hashembeigi, 2017: 105). Therefore, neuroticism, which consists of emotions such as anger, temper tantrums, and selfishness, can be analyzed in the form of Pinatel's criminal personality theory. The correlation matrix of the research variables showed that in the statistical population of the research, the factor of emotional personality has a direct relationship with committing a crime; This means that as people's emotionality increases, the probability of committing a crime increases. However, the important and fundamental point is that in step-by-step regression, the emotional personality approach has the highest power to predict crime. Therefore, in line with many researches in criminal psychology, regarding the statistical population of this research, emotional personality, while being related to crime, can also be effective in predicting crime.

Documentary law is the predominant document that is introduced as the most obvious criterion of the decision in public institutions, and most legal commentators and analysts have examined it by examining issues related to interpretation as if no variable is effective in the decision except law. However, in the light of interdisciplinary interventions, many variables have arisen and their number has increased day by day, and they have not considered decision-making based on law alone to be imaginary. It is now recognized that attitude, intellectual and philosophical basis, a mental schema, strategy or strategy, personality traits, peer behavior, etc. are among the factors influencing the decision. The weight of each of these variables in the decision needs further investigation, but most previous studies indicate that attitude has a much greater impact than other factors and is the first model that influences the decision because attitude is a firm model. Under the influence of inheritance and education, it has such power that it influences and easily overcomes other variables. Even the law and the contents of the file and documents are interpreted and evaluated from the perspective of the individual. Following the answer to why this impact and the impact of the issue was formed, what criteria and patterns and how it affect the decision of the public official from a legal perspective? In order to reach the answer of this research, the present research was formed by the library, analytical and descriptive method. Directs that the influential factors can be divided into two categories: external and internal, which include internal including genetic characteristics, personality, and attitude, external including law, conflict of interest, co-worker practice, and strategy or strategy.

People are the subject of jurisprudence and in this regard it is important to identify the starting point of their personality. Undoubtedly, before the sperm coagulation, despite accepting some commitments in favor of the extinct fetus, there is no difference in the formation of the personality of individuals and the main differences about the time of onset of fetal personality are after sperm coagulation. In this regard, different theories have been expressed, the number of which reaches twenty. The selection of each of these ideas has many theoretical and practical effects. The main problem is to identify the starting point of competence otherwise it will be futile to talk about rights and duties. In addition, it is essential to identify the competence of fetus to exercise his/ her rights. Although there is no doubt that only the legal representative of the fetus can exercise his/ her rights, but there are some cases where it is not clear who his/ her parents are. In this article, after studying the legal jurisprudence of the Iranian system with an approach to the legal system of the United States of America, it becomes clear that the theory of entering the soul is defensible regarding competence of fetus to be acquired the rights(Ahliyyat e Tamatto'), and regarding the competence of fetus to exercise his/ her rights(Ahliyyat e Estifa) , with considering medical advances, it is necessary to review current regulations and set appropriate rules.

Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by damage to personality has been payed less attention especially in Iranian Law. On this basis, the main issue in this article is studying the institution of civil liability, its conditions and criteria and methods of compensation in Iran jurisprudence and law and its comparison with the English Law. The research method is a descriptive-analytic and comparative one. Civil liability caused by damage to personality is studied under the general heading of "desecration" in Imamiyah jurisprudence and Iran law, and under the heading of "defamation" in English law. The criteria for defamation in English law is "lowering the reputation from a right-thinking member view of society" and the criteria for desecration in Iran law and Imamiyah jurisprudence is "damage to the personality". The conditions of liability are different in these systems based on these two criteria. In English law, unlike law of Iran, compensation for defamation is usually financial, the amount of which is determined by the court.

The issue of personality is one of the fundamental and vital elements in any contract in all legal systems. This dissertation discusses the effect of personality in the Iranian legal system in light of legal doctrines and opinions. In some contracts, personality plays an important role, but in all contracts, this effect is not the same. For example, in this area, we can refer to Article 102 of the Civil Law of Iran according to which ambiguity concerning the party to the contract does not affect the validity of it, except in cases where the personality of the party is the main reason for concluding the contract. In addition, according to the Roman-Germanic countries law, the personality is of significance. In other words, when a confusion occurs concerning the personalities of the parties, it is considered as a mistake in the essence of the contract which can invalidate all such contracts in general. Because in these contracts, in general, personality is one of the main elements that is considered as a contract and it is the absence of intended personality which leads the contract to be invalidated. In this dissertation, the author explains this issue in an analytical way in the system.

Is it possible to imitate other personality features? The answer to this question, in the hypothesis that the personality features are distinct and well-known to the public, is positive in the legal systems studied. With the difference that in the American legal system, a special right is known in the name of LIKENESS, so that the person himself decides about imitation of his qualities. In the British legal system, according to the PASSING OFF Foundation, imitation is prohibited when it deceives consumers. In German and French systems, the imitation of a person's personality features is also prohibited by reference to the rights of the person. In the legal system of Iran, it seems that according to the general rules of civil liability, and the rule of Unjust enrichment, prohibition of the imitation of a person's personality features is inferred. In the case of imitation without permission, the damages (Both material and mental) must be compensated.

It is not logical to convict the offender without considering his personality, and in addition to the crime, the judicial authority should pay attention to the factors influencing the commission of the crime, including psychological, physical and social factors, and should understand the causes that made an ordinary person a criminal. Find those knowledge factors. Otherwise, the decision he will make will not only not be based on justice, but is cruelty. The history of the personality file should be studied during the views of the criminal schools on the categories of crime and punishment. Venice also determines the punishment with appropriate security and training measures with the perpetrator of the innovations of the new school of social defense. In the new bill of Iran's criminal procedure approved in 1392 in the Judicial Commission of the Islamic Consultative Assembly, the formation of a personality file is required to investigate the accusations of adults and children and adolescents in important crimes and in other accusations children and adolescents are considered by the judge. In this article, we have tried to define personality and nature and methods of assessing personality and the benefits and necessity of personality file in all stages of the trial. The purpose of this article is to recognize the necessity of forming a personality file in the Code of Criminal Procedure.

Athletes are among the community reference groups that, according to their followers, their behavior patterns have an impact on the behavior of other members of the community. The same scope of influence encourages business firm to use them in their commercial ads. Certainly, this will not be a problem if the athlete is satisfied with the prior consent, but the main issue is where the business firm uses the athlete's identity tags in its advert without prior consent. In the UK legal system, with concern for the possibility of violating the freedom of expression and, of course, with the inestimation of the contribution of athletes to gaining reputation, A special institution to support athletes not identified . But in the US legal system, supporting the athlete has a greater precedent in judicial proceedings. In this legal system, by relying on the institution of Unjust enrichment, efforts are made to uphold the rights of the athlete. In iranit seems that with using the Code of Civil Liability and the Code on the dissemination and free access to information, as well as institution of unjust enrichment, The athlete's rights can be protected.

As we know personality is one of the important components of the contract in all systems of law. In this article the effect of personality has been considered comparatively in both Iran and Common Law System. Of course we consider it from subjective point of view not objective. In some kinds of contracts the personality plays an important role such as marriage and endowment but in some others it is not at the same level. The provisions of article 201 of Iran Civil Code states a mistake made as to the identity of one party will not affect the interests of the other party. In the transaction, except when the identity of this second party forms the principal reason of the transaction. Accordingly in common law the cause is so important. In the other words, it means that if the mistake happens in the personality of parties as well as the subject of the contract, then it could spoil the whole contract, because each of these components is a fundamental one that the contract is based on them and their absence can make it null.