جستجوی مقالات مرتبط با کلیدواژه « expression » در نشریات گروه « فقه و حقوق »

 Using tattoo as a means for make-up or expression of certain thoughts or beliefs, is expanding in the society, especially among the youth and teenagers. This fact indicates the need to take into account the legal issues related to tattoo including artistic and literary rights of tattoo works which, sooner or later, would arise in the country. In the United States, legal doctrine has examined the conditions of protecting the tattoo designs. The prevailing attitude in the American law considers the conditions of granting copyright i.e. originality, being a work of authorship and fixation in a tangible medium to be fulfilled in the case of tattoo. However, due to the fixation of tattoo in human skin, the realization of the latter condition has been faced with objections which, indeed have been answered. In the Iranian law, it is possible to protect tattoo works which are not against public policy and good behavior, provided that they are original and expressed and have been published in Iran for the first time. Therefore, in the laws of the two countries, with differences in positive and negative requirements, tattoo works may be protected. However, given tattoo works are placed on human skin, the exercising the owners material and moral rights is confronted with implied license and fair use limitations.

Zakat, second to prayer, is the most important obligation of Islam. At present, according to the nine conditions of obligatory zakat, the payment of zakat is practically disrupted. For example, the condition of the cash to be coin in common currency, the three types of cattle to be grazed in desert throughout the year and reaching the quorum and some other conditions in the four grains. It is clear that this perception is not compatible with the verses and traditions on zakat implying that by paying zakat, the root of poverty is removed. This article, which is carried out in the form of a library, while criticizing the arguments for the exclusive obligation of zakat in 9 examples and relying on 6 types of traditions, has reached the conclusion that zakat is obligatory on all the seeds grown out of the ground except for beans.

Legal systems have taken different approaches to Copyright infringement but the ultimate purpose of them is to prevent the intentional and unjust appropriation of the rights of the creators. The proof of copyright infringement is easy when some rights such as reproduction is infringed or literal appropriation has taken place. However, it would be difficult to prove infringement when the plaintiff claims that defendant appropriated a material amount of his original work with some differences. The main question is how much similarities are too much? there is no definitive standard in the law, but courts believe that infringement occurs when the defendant’s work bears a substantial similarity to plaintiff's work and to achieve that they have introduced various tests. This article seeks to explain the concept of substantial similarity in Copyright infringement and the way to achieve it. The result of the research is the choice of one or more tests from the four available tests depending on the type and nature of the work. However, in all choices, it is necessary to separate protected from unprotected elements and dichotomy between idea and expression in the work. This article also show that qualitative similarities are more important than quantitative similarities.

In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute and its application in Iran’s subject laws. In this scrutiny, all articles published up to the spring 2022 in Persian on the relationship between general and absolute as well as its application in the relevant Iranian laws were examined. These articles are searched through databases, Journal of Quranic and Hadith Sciences, Journal of Religious Studies, Quarterly Journal of Private Law Research, International Congress of Religious Culture and Thought, Journal of Islamic Studies - Jurisprudence and Principles which are obtained by keywords such as general, absolute, specific, belonging, expression position. It has also been extracted from reputable scientific journals from the above-mentioned articles and websites. The present article examines the commentators’, fundamentalists, and Quranic scholars’ viewpoints on the general and absolute, as well as the extent to which they impact on differences in interpretations, more particularly jurisprudential ones, and their consequences in Iranian law. One of the topics of principles science in terms of words is the absolute and general issue, which has many jurisprudential and legal results, since the correct general and absolute knowledge and likewise, the distinction between both is necessary and essential not only in jurisprudence and Sharia issues, but also in subject law and more, the legislation art is extremely significant.

Publicity Right means that exploitation of another personality with his permission is possible. There is no doubt about this right But there is disagreement over the realm of it. Can an exception be made for this right Or, any use of another personality is subject to the permission of the person? In American law, full implementation of this right is a violation of freedom of expression. For this reason, they have tried to modify this right and, in particular, define its boundaries with freedom of expression. The most important difficulty in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity And transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the US legal system.

This article examines the legal nature of permission and its characteristics, such as being independent, unilateral, and revocable; and determines the constitutional signified in permission contracts. For this purpose, the nature of Insha (legally-purposed intention) and its elements including intention and consent, and also the role of manner of declaration of intention in realization of the juridical acts were investigated. This study asks whether permission is a juridical act or a juridical fact. The study concludes that permission is merely a declarative intentional fact expressing the inner consent, which cannot create a constitutional nature. Rather, it is the legislator who sanctions the permission of possession in such an event. Because the legal effects do not exclusively flow from juridical acts, and some of these effects originate from juridical facts. On the other hand, it is the intention to initiate that can create a constitutional nature. In permission contract, the intention to initiate legal relations has a constitutional nature such as others’ constitutional ownership, and realizes its constitutional existence.

The question of freedom and its interpretation has been always the subject of contemplation by scholars and thinkers throughout the history. According to the atheistic view, the freedom is to be released from religious constraints, but monotheistic thinking calls the preservation of religious beliefs freedom. This issue becomes significant for the difference in understanding the meaning of freedom has led to regarding instrumental abuse of right to freedom as a measure falling in the ambit of freedom of opinion and expression by some western scholars. Meanwhile, Ayatollah Javadi Amoli determines series of criteria for freedom and elaborates on the compatibility and incompatibility of freedom with Islamic components. Therefore, the authors have examined the aforementioned discussion from the perspective of Ayatullah Javadi Amoli. The main purpose of this research is to study the value, explanatory and normative dimensions of the right to freedom of opinion and expression in the structure of various epistemological systems. The method of this paper is a descriptive-analytic one. In addition, data of the research was collected by means of a library-based approach. Findings of the research demonstrate that freedom in the philosophical system of this sage theologist is one of the sensual qualities that due to its uncertainty never can be absolute and unlimited. In accordance with this point of view, the real freedom becomes factual when is based upon wisdom and revelation.

In subject of conflict of proviso، the views of experts on the topic، is different. Some of them believe that debate is about conflict of verbal sense of a provision and concept of another provision، not conflict of some verbal senses or conflict of some concepts. Some of Jurisprudents believe that debate is about independence or dependence of provisions، not conflict of some verbal senses or conflict of some concepts or conflict of verbal sense of a provision and concept of another provision. The third group believes that debate is not exclusive in one case and there are two questions here: one is about several provisions which have unit consequent، and this unit consequent is Multiple neither existentially nor on the basis of rating. Second question is about a consequent which has true unity and repeatable existentially. From the view of some experts the main issue is that conflict of two provisions is not only from its exclusive causality but also from conflict of two immediacies; so the problem is verbal and implicative and it may be just solved through verbal rules. There are five possible solutions for removing conflict among the various provisions which have been considered and criticized in the research.

There are different views on analyzing the nature of imperatives. Thecreative and expressive views each seek to explain the nature and functionof imperatives relying on certain points. presenting the generally receiveddefinition, the present article studies the major challenges facing thistheory.Surveying different prevailing foundations on this issue and raisingvarious interpretations concerning the creative of expressive nature ofimperatives, the article seeks to raise a hybrid view.