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

The purpose of this article is to investigate the comparative study of the laws and regulations governing bank secrecy in Iranian and American law.

This article is descriptive and analytical. 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 texts, honesty and trustworthiness are observed.

Bank secrecy in American law refers to a set of rules, regulations and standards designed to prevent corruption and fraud in the banking industry. These laws include things like increasing the penalties for bank fraud and corruption, increasing supervision and control over banks, increasing financial reporting requirements and disclosure of sensitive information. Also, in case of detection of bank fraud and corruption, American judicial institutions can use various research methods such as inspection, file collection, data analysis, etc. to identify and follow up these crimes.

State-owned banks have accepted responsibility for employees only according to the conditions of Article 11 of the Civil Liability Law, i.e., in case of damage caused by employees due to the failure of office equipment, and in this respect, there is a legal gap in our legal system. However, if financial information of individuals is published due to a decision-making and management error in banks, the bank can be directly impeached based on Article 1 of the Civil Liability Law, apart from the legal personality of its managers.

The method of examining arbitration evidence in international commercial arbitration is one of the important issues of arbitration that has not been investigated much. Based on this, the purpose of this article is to review the rules governing the method of examining arbitration evidence in international commercial arbitration, Iranian and British law. 

This article is descriptive and analytical. 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 texts, honesty and trustworthiness are observed 

The findings showed that in international arbitration, the UNCITRAL model law, which is the basis for establishing most of the international commercial arbitration laws, has general provisions regarding proof; But it is silent on many issues related to it. In the international arbitration system and English law, the arbitrator has more discretion in evaluating the reason. 

The result is that in international arbitration and English law, in practice, the formal conflicts of the rules governing the method of examining arbitration evidence are resolved according to the will of the parties or the discretion of the arbitrator. In Iranian law, it is necessary for the arbitrator to have more powers in evaluating the reason.

To resolve disputes, arbitration is used as a suitable method for the litigants to reach an agreement on the disputed issue. Since arbitrations have advantages and advantages compared to examining issues in courts, it has become a widespread issue and people are becoming more familiar with this category every day. Of course, it should be noted that not all disputes can be referred to arbitration, such as criminal disputes, labor rights, bankruptcy, dissolution of marriage, legal capacity, inheritance and adoption, lineage, and customary matters. The main issue is the willingness of the parties to the dispute to go to arbitration, the absence of the obligation of arbitration to some laws and procedures of the judicial authorities, the time-consuming nature ofthe civil procedure in the court, the quick handling by the arbitrator, the low cost compared to the court, the confidentiality of the arbitration, the selection of the authority for the hearing (arbitrator or arbitrators)) is On the other hand, there areissues that cannot be referred to arbitration in terms of legal systems, or the legislator has established special conditions for referral to arbitration. Therefore, the freedom of will of the parties in referring to arbitration faces limitations.

A condition in a contract that creates rights and obligations for the parties, the implementation of which causes damage to one of the parties to the contract, is called an unfair condition. Such a condition is entered into the contract due to the position of weakness and strength of the parties, or in other words, the greater bargaining power of one of the parties. The creation of such a situation in some contracts caused justice seekers to pay more attention to the terms included in the contract and seek to establish justice-oriented laws in an effort to protect the vulnerable. Therefore, the importance of the issue made the aforementioned issue to be investigated in a descriptive-analytical and comparative manner in the legal systems of Iran and the United States of America. At first, the components of recognizing unfair conditions were examined. After that, the studied issue was stated in the aforementioned legal systems. In the end, it was concluded that the Iranian legislator with legal and contractual adjustment and the American legislator with a concept called "doctrine of unreasonableness" have supported the injured party from unfair terms.

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.

Considering the extent and difference between the legal systems of different countries, it is inevitable to comprehensively review the laws in the countries and their adaptation to Iranian laws. The purpose of this article is to examine legislative approaches in electronic contracts in the laws of Iran and the United States of America. 

The research method is descriptive and analytical and this research is theoretical. 

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. 

In the United States, the National Conference of Commissioners on the Uniform Laws of the States has established two uniform government decrees on granting legal validity to electronic transactions, which are: the Uniform Law of Computer Technology Transactions (USTA) and the Uniform Law of Electronic Transactions (Utah). Eustia covers contracts or transactions related to computer technology. A contract involving computer technology, for example a contract for the purchase of a software, can be concluded electronically or in another way. 

There is no problem regarding the place of delivery of the goods in traditional contracts where the goods are material, but in electronic contracts where sometimes the goods are digital and downloaded, it is difficult or even impossible to recognize the place of delivery. In these cases, a place must be "assumed" to fulfill the obligation.

The legislative and jurisprudential scope of conditional sale and the right of restitution can be examined in laws and texts of Imamiyya and Hanafi jurisprudence. There have been different opinions about conditional sale and the right of restitution  which indicate that the terms and rules are the same and at the same time different. In addition, different views have been accepted in terms of both law and jurisprudence . 

Method and Materials: 

The present paper is descriptive_analytical.

 Ethical Considerations :

 In writing present paper, the principles of text originality, honesty and trustworthiness have been observed. 

In Iranian law, the scope of subject matter is consistent with civil law, registration and Imamyya  jurisprudence and in Egyptian law, it is based on  Hanafi jurisprudence and civil law. 

In Iranian Law, the legislative scope have been mentioned  in articles 33 and 34 of civil registration and judicial procedure law and in Egyptian law, the right of restitutin, since the customer is not the owner, he must reject it and the seller has the right  to  refund and demand  the object of sale without observing the period.In Iranian  law, the sale is one of the mortgage orders. However, transaction with the right of restitution has been quite different from mortgage rules.

In this article, the conditions, effects, and guarantee of anticipating violations before the due date in the International Sale of Goods Convention and the possibility of accepting or not accepting this theory in Iranian law are examined and analyzed.

This research is theoretical and the research method was descriptive and analytical. The method of collecting information is done using books, articles and treatises and international and domestic documents in a library format.

Ethical Considerations: 

In this article, the authenticity of the texts, honesty and trustworthiness have been observed.

Based on the theory of prediction of breach, the possibility and reasonable prediction of breach in the future, which is inferred from the announcement of non-fulfillment of the obligation by the obligor or the circumstances, the obligor has the right to suspend or terminate the contract, as the case may be, or It gives both. The origin of this theory is common law.

Considering that the right of suspension is stipulated in the Convention on the International Sale of Goods, it can be stated that this is a strong reason for the difference between these two entities. Article 238 of Iran's Trade Law can be considered as an example of anticipating violations, of course, with a specific executive guarantee (requirement of appropriate guarantee) and a limited territory.

Abstract Environmental crimes have three distinctive features compared to other crimes: wideness in terms of perpetrator, diversity in terms of behavior, dynamism and causal link in terms of results. Today, in addition to governments, citizens and non-governmental organizations can also play an important role to protect the environment. But, beneficiary designation has somehow limited the access of non-governmental natural and legal persons to justice. Beneficiary is a person (or entity) who is authorized to file a lawsuit. This study focuses on beneficiary designation challenges in environmental crimes and criminal responsibility for those who pollute or destroy the environment. Today, most countries have come to the conclusion that beneficiary designation in the field of environmental crimes is different from other fields. For example, in many countries of the European Union, it is possible to file lawsuits by citizens for public interest purposes. The present study, based on library resources and analytical-comparative method, tries to examine the concepts and generalities related to beneficiary and to explore and analyze its characteristics in Iranian environmental cases law compared to the European Union. In this context, the challenges of beneficiary designation in Iran and ultimate solutions have also been explained. The results shows that the traditional approach to beneficiary in environmental crimes is an important obstacle for prosecuting such crimes and fails to fulfil criminal responsibility.

The right to protection of privacy and personal information is one of the rights and freedoms that its aim is to protect the rights of individuals and respect to fundamental human rights. Identification the right to privacy and personal information and protecting it in law and determining the legal and criminal sanction, especially considering that this area is full of many problems can be challenging. The purpose of this article is to examine the protection of privacy and personal information and for understanding the laws in this area better; a comparative study has been conducted. The question of this article is what is the legal framework for the protection of privacy and personal information in Iranian and Canadian law? And Has Iranian law developed in line with other countries? In This research has studied the relevant sources and collected information by descriptive-analytical method After examining the concept of privacy, the protection of privacy and personal information in Canadian and Iranian law will be examined in detail, and finally it will be stated that a comprehensive and unified law is required in Iranian law. It is worthy, as progresses that accrue on this issue in other countries law in recent years, a single and comprehensive law should be formulated in Iranian law and legal gaps in this issue should be eliminated.

Today, the necessity of controlling economic corruption in national resources and adopting an efficient criminal policy in the society is quite noticeable. According to the available statistics, national resource crimes are increasing quantitatively and qualitatively in the country. We are hearing news about the appropriation of agricultural lands, natural resources, mines, and other national resources.

The research method in this research is descriptive-analytical.

Ethical Considerations:

 All ethical principles have been observed in the writing stages of this research.

The results of research studies indicate that in the field of Iranian criminal law related to crimes of national resources, while appropriate criminalization has not been done and we are witnessing certain disadvantages and shortcomings, the punishments determined in terms of type and severity are not suitable for criminal deterrence. Therefore, due to the importance of protection and preservation of natural and national resources, the development of a differential judicial system is felt and it is necessary to include legal protections and the establishment of special proceedings. In addition, due to the special importance of these crimes and their destructive effects on the environment and society, and even their international dimension, special measures regarding temporary detention and precautionary time and other appointments should be taken into consideration, and it is suggested to establish offices and It should be used to have continuous and close communication with neighboring countries for cooperation and protection of natural and national resources.

In the current system, we need a differentiated procedure in the process of trial and execution, which speeds up the process of trial, investigation and prosecution, and the creation of special branches in this field is felt.

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.

Information processing in communication networks depends on respecting the privacy rights of data subjects, including obtaining consent and respecting their legal rights, such as access to processed information, modification or deletion of information, etc. However, sometimes there are situations where the implementation of the above rules is in conflict with the rights of the society and the government, and the issue of conflict between public and private rights comes up. The main question of the current research is that in the conflict between public and private rights in the process of information processing of communication networks, which is the priority and what are the limitations of the implementation of private rights? In order to answer this question, the present qualitative and descriptive-analytical research, using a documentary and comparative study method, examines the overlap and prioritization of public rights over private rights in the legal system of Iran and the European Union in two categories: processing in line with goals based on public interests and processing in order to preserve the national and social security, and in the conclusion part, it has attempted to provide some policy recommendations, such as passing a comprehensive law on how to process information in communication networks, informing people about their rights and duties in the process of information processing, and determining the institutions supervising how to process information.

In every legal system, conditions have been considered for the guardian. If a person has those conditions, he will be eligible for custody and maintenance, and if he does not have these conditions, he will be deprived of custody. In this regard, the aim of the present study is to compare the conditions necessary for holding custody in the laws of Iran and Iraq. In the Islamic legal system, there are conditions for custody that are affected by the laws of Iran and Iraq. In Iranian law, using some articles of the civil law, such as articles 1170, 1173 and 1192, as well as based on Article 167 of the Iranian Constitution and using Imami jurisprudence, it can be said that the guardianship conditions are: maturity, intellect, Islam, physical health, moral competence, The ability to take care of the child, the mother not being married and the custodian staying in a fixed place. However, the conditions of custody in Iraqi law based on paragraph 2 of article 57 of the Personal Status Law are: maturity, intelligence, trustworthiness, ability to raise and maintain a child and matters such as the mother not marrying a foreigner, being a relative of the custodian, the custodian not being immoral and not apostatizing from Hanafi jurisprudence. Therefore, the civil law of Iran and Iraq share maturity, intellect, moral and physical competence, and differ in the matter of the mother's non-marriage, residence in a fixed place, the guardian's relative, the guardian's non-fornication, and his non-apostasy. Therefore, the conditions of custody in Iranian law have a more complete compliance with Sharia and Islamic regulations than the conditions of custody in Iraqi law.

This research has investigated the inheritance of the dead in an accident and the unknown date of death of each of them in terms of Imami jurisprudence and the legal system of Iran, Egypt and Iraq. The condition of inheritance is the life of the heir, even a moment after the death of the heir, and the rest of the cases, that is, when several people have died at the same time, there will be no inheritance among them. Contrary to the above principle, is the life of the heir, it is after the death of the heir. According to this ruling, persons who have died due to drowning, and the date or precedence of which is not known, are inherited. Considering the importance of the circle of heirs and considering the public rights of the people, the present study has been written by referring to jurisprudential texts and collecting the opinions of Imami jurists, general jurists and jurists with a descriptive-analytical approach and explaining comprehensiveness or lack thereof. The above sentence has been extended to similar cases.

This research deals with the comparative investigation of the nature of the non-contractual liability of rescue interveners in the legal system of Iran and the United States of America. The main issue is to explain how to define and apply this responsibility in the two mentioned legal systems. The research method is descriptive-analytical with a comparative approach and library sources and legal documents have been used.The findings of the research show that in both legal systems, the non-contractual responsibility of the rescuers is based on moral principles and good faith, but there are differences in the implementation details. In Iranian law, this responsibility is defined mostly based on the rule of beneficence and public duty, while in the United States, "Good Samaritan laws" form the main framework.The results of the research indicate that despite the structural differences in the two legal systems, both countries seek to create a balance between encouraging people to help and supporting the interveners against possible responsibilities. And both systems lack a clear, principled and separate legal basis in this field, the legislation needs to be formulated in this matter.

The purpose of the present research is the comparative study of contract interpretation criteria in Iranian and Egyptian laws. In this regard, efforts have been made to review the existing criteria in the interpretation of the contract and to complete the criteria that are not mentioned in the laws of Egypt and Iran. The research method is descriptive-analytical and the results indicate that, firstly, the internal standard in the interpretation of the contract is the interpretation based on the legal result, the subject of the contract and considering the contract as a whole for the interpretation of the contract, which is based on Imami jurisprudence. And the civil rights of Iran and Egypt, there is no difference in this criterion. Secondly, regarding the external criterion of contract interpretation, such as good faith and interpretation to the disadvantage of the contract adjuster, although there are ambiguities in Iranian law regarding the acceptance of these principles, these criteria can be accepted just like Egyptian law.

AbstractA large part of the tax proceedings in Iran is the responsibility of the administrative authorities, and for this reason, the said process should be in accordance with the standards and principles of "good administration". In this regard, in this article, the degree of compliance of the current laws and regulations of the country in the field of tax proceedings in terms of the new law, with the criteria of good administration, has been examined in the descriptive-analytical method, and finally the conclusion has been reached that although Among the mentioned criteria, the principle of legality is respected more than other principles, but despite this, the principles of impartiality and independence, hearing, access to the file and legitimate expectation have not been given much attention, and the principle of observing a reasonable deadline is also despite the existence Legal rulings are only implemented in a part of the tax proceedings The implementation of the principle of providing the reasons for the administrative decision has not been considered very desirable and has not been paid attention to; Also, the principle of proportionality in tax proceedings is generally neglected; The principle of compensation for the damage caused to the citizens is also enforceable according to the provision in the law and through the supervisory institutions of the administration, especially the Administrative Court of Justice. Therefore, despite the reforms in tax proceedings and little improvement, the aforementioned principles have not been given much attention and care, and this necessitates the review and

Any right, whether positive or negative, can be transferred. Assignment means that all or a part of the existing obligation is transferred to one or more persons with the agreement of the assigner and the assignee without obtaining the consent and agreement of the debtor, for compensation or free of charge. The person who becomes the owner of the obligation after the assignment can use all the attributes and benefits of that obligation. One of the basic issues in the discussion of the assignment is the debtor's rights and the way to protect their rights in the assignment. The review of domestic laws shows the ambiguities and gaps of this legal entity, and the resolution of these ambiguities and gaps depends on comparative study. Therefore, this research with a comparative study aims to answer the question of what are the rights of the debtor in the assignment and how can the rights of the debtor be protected at the time of the assignment? In this research, in a descriptive and analytical way, the voluntary assignment and the way of protecting the rights of the debtor in the assignment in the legal system of Iran and English law and the principles of European contract law will be dealt with, which is appropriate considering the countless gaps in this matter. Iran's legal system benefited from the achievements of other legal systems, especially the principles of European contract law, which is an international document, and its basic foundations are based on European common law, in order to improve and eliminate gaps.By referring to some laws such as Articles 746 and 321 of the Civil Code, Article 38 of the Insolvency Law, and Article 26 of the Insurance Law, it is possible to prove the existence of assignment in Iran's legal system and its independence and distinction from the legal institution of Novation. According to this research, the legal rules about assignment should be set in such a way as to protect the debtor. The first way to protect the debtor is the non-assignment clause in contracts, which is accepted in all three legal systems. In addition, there is a general rule in the assignment that the assignee cannot have more rights than the assigner, or even in some cases may have fewer rights than the assigner, which ultimately owes the benefits of this general rule. In addition, if the assignment takes place between the assigner and the assignee and the debtor takes action to fulfill the obligation to the assigner before receiving the official notification, in this situation, the obligee will not re-enforce the obligation and leave the resulting loss to the parties. In the rule of Prior Tempore Potior Jure, the first assigner is based on the date of assignment, and in the rule that was adopted in the case of Dearle v Hall, the date of written notice to the debtor is the criterion for determining the person entitled to enforcement.In the British legal system and the principles of European contract law, a written notice to the debtor about the assignment is mandatory, but there is no provision in Iranian law regarding the written notice to the obligee after the assignment. This issue is also one of the important objections regarding the assignment request. Of course, according to the insolvency Law, the assignee can be released from responsibility by proving that he informed the assignment before payment or that the debtor was informed about the assignment by another means. Therefore, in Iranian law, the knowledge of the debtor is effective in transferring the claimant, and this knowledge can be realized in both written and oral ways.So the necessity of compiling and enacting comprehensive laws in relation to the legal entity of the assignment and assigning an independent title to it in civil law considering the great importance of this legal entity and especially considering the expansion of transactions in the field of international trade and increasing the speed of exchanges, is seriously felt. Also, like English law and the principles of European contract law, in Iranian law, a written notice to the debtor about the assignment must be required in the form of a statement or by the court officers, because in this case, it avoids creating any dispute and ultimately leads to a reduction in the number of claims.

The advancement of technology in recent centuries has created needs that did not exist in the past, including fully autonomous cars. Although in fully self-driving cars, humans no longer have the task of driving, but human actors still play a role in the production process and how the fully self-driving car works, but who are these actors and what is the basis of their responsibility? Will the manufacturer of the fully self-driving car have a supervisory duty after the release period? By examining and reflecting on Iran's laws, including the law on protecting the rights of car consumers and protecting goods consumers, civil law, civil liability law, compulsory insurance law 1395 and also by comparing with German laws, including German civil law, product liability law and In the road traffic law of German self-driving cars approved in 2021, we will find that human actors include manufacturers, technical supervisors, and organizations providing information technology services, whose basis of responsibility is different, and although the law of Iran and Germany does not have any regulations, they must For the manufacturer of the self-driving car due to its special nature, it provided regulatory responsibility. In the road traffic law of German self-driving cars approved in 2021, we will find that human actors include manufacturers, technical supervisors, and organizations providing information technology services, whose basis of responsibility is different, and although the law of Iran and Germany does not have any regulations, they must.