جستجوی مقالات مرتبط با کلیدواژه « conflict of interests » در نشریات گروه « فقه و حقوق »

Conflict of interests is a situation in which a person sees his personal interests in conflict with the interests he is responsible for; These situations exist in different fields of legal relations, and their lack of management will cause a series of corruptions; Therefore, the ruler is obliged to identify these situations and to manage them and in order to avoid corruption or compensate them, he must make regulations. Now the question is, what are the jurisprudential foundations of solving the problem of conflict of interests and the need to manage it?There are several jurisprudential rules as the basis and documentation of the rulers' intervening and lawmaking in the field of conflict of interest management, which include: the obligation to avoid possible harm, the priority of the more important over the important, the priority of avoiding the corrupt over the gaining of benefits, the Shari'a function of Hasbah, and the obligation to avoid the evil. Considering that situations of conflict of interests are considered as important sources of corruption, the first three rules are solid documents for intervening and lawmaking in the field of prevention of these situations and also the need to get out of them. The rule of Hasbah as well as the obligation to dispose of evil is also worthy of use from the perspective of prevention (removal) and elimination (remedial) of the grounds for committing evil, which are situations of conflict of interest.

Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. The main question that the author sought to answer in this descriptive-analytical research is what are the differences between the national and international bases of people's participation in the prevention of administrative corruption with an emphasis on Conflict of Interests? The results of the present research indicate that there are differences between the domestic and international anti-Conflict of Interests frameworks, such as the lack of criminalization of Conflict of Interests in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of Conflict of Interests , lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against Conflict of Interests in Iran's internal law, in contrast to the regional to international nature of anti-Conflict of Interests rights and the lack of guarantee of effective implementation at the international level to fight Conflict of Interests .

According to most experts of the environment, a major part of the environmental crisis in Iran is due to the failure of some environmental laws and regulations, which has created a conflict of interest in the implementation of environmental laws and regulations. In the meantime, in the light of the content of Article 2 of the Environmental Protection Law, some government organizations are considered as one of the main interested parties in the conflict of interests in the implementation of environmental protection laws against the national interests of the country since they are themselves in charge of environmental protection and are permanent members of the High Council for Environmental Protection and are the highest oversight and decision-making authority as well as the undisputed power of policy-making in all aspects of environmental affairs. In this descriptive-analytical study, the most appropriate, least costly and fastest solution for this crisis, which is caused by the failure of some formal environmental laws, is examined, including Article 2, which has provided the basis for selective and discriminatory implementation of laws and regulations. Thus, according to the jurisprudential rule of "La Zarar (no harm)", which is also the content of Article 40 of the Constitution, by reviewing the content of Article 2 of the Law on Environmental Protection, the position of the Supreme Council for Environmental Protection has been upgraded from an internal administrative council to a supranational council. The result is the elimination of conflicts of interest in the implementation of environmental laws and regulations and the proper management of the environmental crisis in the country.

One of the respected principles of human societies is the freedom of will of individuals to fulfill their interests. Therefore, not only individuals but also public forces cannot prevent the freedom of will of individuals to enjoy social and economic benefits under any pretext. However, in some cases, the free will of individuals to gain the most benefit is at odds with each other, so that the absolute release of the will of individuals to gain the most benefit, in some cases, harms others. Therefore, determining the limits of freedom of the will of individuals and balancing it and the harm that may be caused to others by this freedom is very important, so that determining it can have a broad impact on the overall progress of a nation-state. Due to this necessity, many schools of thought throughout history have commented on this issue, including the Islamic and Western schools of thought. The philosophical ideas of these two schools, one of which is included in the Islamic rule of "no-harm" and the other in the western rule of "harm", have led the present article to examine the commonalities and differences between these two rules in common interaction to finally conclude that from the perspective of jurisprudence, the freedom of will of individuals to fulfill their interests is of particular importance to ensure the maximum social welfare of society, and governments, in addition to not hindering the activities of the people, but in their management of conflict of interest, must first seek to consolidate the interests of individuals with each other and if that is not possible, give priority to satisfying the interests that have the most public function for most people in society.

Managing conflicts of interests is a means for preventing corruption and increasing public transparency, efficiency, accountability and trust. Every public agent /employee may face a conflict of private and public interest, and hence, conflict of interests does not necessarily equal corruption. These situations must be transparent and managed correctly. Many countries have laws on the management of conflict of interests but there is no special law on this matter in Iranian legal system; some general and traditional laws have, by way of combating corruption, explicit or implicit references to this concept. Recently, there is political will for management of conflict of interests situations and a Draft-bill by The Government is prepared, and, some general laws such as Code of Commerce are amended. These legal initiatives seems to be less based on rasions d etre of management of conflict of interests and its techniques and methods. Therefore, this article intends, based on comparative study, to firstly conceptualize the concept of conflict of interests and then explains theoretical foundations of it , and, finally, main areas of conflict of interests and their methods of management.

Conflict of interests is the set of circumstances that create the risk that one's decisions or professional actions in relation to a person who trusts him or her will be affected by personal interests. Conflict of interests is one of the concepts that is essential for proper understanding in any field, because a proper understanding of this concept and its contexts provides the way for its proper management. The main question of the present study is what are the dimensions and scope of the conflict of interest in private law? The authors believe that the constituent elements of conflict of interests is profit, conflict, judgment and relationship. The presence of these elements in the relationships of individuals irrespective of whether the relationship is public law or private law creates a conflict of interests. This study has shown that conflict of interests in private law can be achieved either in a trust-based relationship (such as a lawyer-client relationship) or in a relationship based on impartiality (such as litigation) and Conflict of interests are not conceivable in other relationships. In this study, some of the most important instances that may be confused with the discussion of conflict of interests have been highlighted. Understanding instances of conflict of interests is a prelude to the legal management of these conflicts to avoid their harmful effects or to compensate them. In this article, the legal management strategy of these conflicts and reform proposals for the Iranian legal system is explained.

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.

Conflict of interests is directly related to corruption, conflict of interests creates the fear that one's personal interests will be preferred to the interests that are responsible for supporting them, and therefore is one of the opportunities for corruption. One of the most important areas of conflict management is the conflict of interests of the judicial officials; because the sensitivity of the judicial Officials and its relationship to public rights requires special rules in conflict management to prevent mistrust of this post. Therefore, the important question of this research is: what are the strategies for managing the conflict of interests of judicial officials? In Iran’s legal system, there are several ways to manage the conflicts of interests of these officials; In some areas, such as the ban on simultaneous employment and the ban on receiving gifts, our country's legislative approach is considered desirable; However, in other areas, such as the asset declaration system, the ban on litigation, the ban on Revolving Door, and the ban regarding political activities, conflict resolution management strategies are often incomplete, and it is necessary for the legislature to address the shortcomings in this area in order to limit the grounds for corruption by the judicial officials.

In this article, after explaining the concept of "conflict of interest management", with reference is made to its application in Iranian legal system. Then, Different verses of Quran, hadiths and jurisprudential theories that can be used in managing conflict of interest have been analyzed. In the following, by giving some objective examples of conflict of interest in the Public Affairs management, And by review the situation of the Iranian legal system in relation to conflict of interests management, a report is presented on the legislative measures in the form of a bill proposed by the government or a representative plan on conflict of interests. There is ambiguity or legal gap in this regard, and therefore in the thirteenth presidential election, we see at least three clear examples of violations of the philosophy of conflict of interest, which has emerged by observers and executors; These three examples are: Conflict of interests arising from the relationship of kinship - Conflict of interests arising from the relationship between the nominee and the elected - Conflict of interests arising from the two supervisory and electoral roles of the other candidate.

Third-Party Funding In International Commercial Arbitration : Third party funding had many limitations in past legal cases. As though in common law it considered as an example of champerty. Over the time by the rising costs associated with submitting a dispute to arbitration, TPF is now one of the hot topics in international commercial arbitration. The most and the first foremost reason for expansion of TPF is that is considered a solution of increasing access to justice for a party with financial difficulties . One of the issues regarding TPF is conflict of interests. Legal principles of some arbitral institutions such as Singapor and Hong Kong considered the disclosure of TPF agreements as a way to prevent conflict of interests. There is no disclosure obligation for TPF agreements in our law system but in other hand there are some provisions that can be used to prevent the conflict of interests.

Companies as a powerful economic entity have many stakeholders. The optimal situation of the company is the time that the stakeholders, interests are balanced and the welfare of all of them is achieved, but different factors such as the stakeholders’ risk-taking and self-interest prevent this equilibrium and create a conflict of interests. The conflicts may arise between the stakeholders of one group or between the stakeholders of different groups, and cause many problems like agency costs, distrust to company entity and inability to absorb the minority wealth.
This study relies on the library research findings and up-to-dated statistical data. The legal and economic analyses are the base of this paper.
The results imply that the Company Law tries to reduce the agency costs by giving supervision regulation and control tools to the stakeholders. Furthermore, it supports some stakeholders by granting right to the minority shareholders in several articles, and finally, includes all of the stakeholders under its support by setting out mandatory regulations; however, some of these provisions have not past efficiency in accordance with the circumstances of this decade.

In derivative claim, shareholders on behalf of the company and on its name bring an action against a director and managing director who have damaged the company by their acts. In principal_agent relationship, it is an obvious necessity to predict suitable mechanisms to dissolve their conflict of interests. Shareholder’s agency against director is sometimes faced with challenges that make it difficult to perform the rights of the company. In Iran’s law, the agent needs not to possess legal information or to litigate by a lawyer; this may cause the company to lose the case. Moreover, if the company or a shareholder files a suit against negligent director or managing director and does not appropriately prosecute it, the other shareholders can not prosecute it as a derivative action. So the negligent director may conspire with other directors or some shareholders so that they start an action against them and by not adequately defending the rights of the company, bring about its conviction; consequently, by virtue of res judicata rule, litigating against the company will frustrate in the future, and derivative claim would be a device of abuse and offender’s avoidance from liability. In English law, in the same situation, the shareholder or other shareholders are permitted to proceed the litigation brought by the company or one of the shareholders as a derivative suit, and therefore, the abuse of derivative action for damaging the company will be diluted.