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

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.

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.

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.

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

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.

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.

This study undertakes a jurisprudential examination of oaths pertinent to judicial proceedings. Presenting evidence to the court to substantiate or defend a claim carries profound implications, emphasizing the imperative of comprehending and acknowledging these ramifications to effectively deploy "evidence" and succeed in the litigation process. Among the evidence types, the oath of denial of knowledge warrants deeper investigation and scrutiny due to the legislative silence and divergent juristic opinions surrounding it. The oath of denial of knowledge, constituting a distinct category of oath, can exert unique influences on the dispute, encompassing the dispute concerning knowledge and the primary lawsuit. Refusal to undertake such an oath may precipitate significant consequences, including the claimant's rejection or unsuccessful validation of the oath. Moreover, while acknowledging specific analogous effects between the oath of denial of knowledge and other oath types, exemptions from undertaking a specific oath and the incapacity to substantiate the principal claim solely through the oath represent particular impacts of the oath of denial of knowledge.

Administrative Police means creating a framework for maintaining public order and enforcing rights and freedoms. One of the examples of maintaining public order is the prevention of information processing security violations in communication networks. The process of information processing, due to its breadth and sensitivity, requires requirements to maintain the security of this process within their limits. Among these requirements is the provision of legal provisions for data subjects to prevent data security violations of their messages by implementing them. The main question that this research seeks to answer is what are the legal rights of these people in the information processing process? In order to answer this question, the current research is based on documentary method and studies the legal system of the European Union, the rights of individuals in this system, which consist of the four main rights of access, erasure, restriction of processing and objection to the processing of information, and the feasibility of its compliance with the regulations approved in the Iranian legal system, examines and finally initiates the presentation of policy proposals for the development of new laws or the amendment of existing laws.

Good faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we can infer a general rule for observing good faith in laws and make the parties to the contract obliged to observe it in all stages of the contract, including negotiation, conclusion, performance and interpretation. In fact, legal examples such as options, provisions regarding coercion and necessity, non-reliability of defects, deals of bankrupt merchants after acceptance, etc. can be considered as evidence of accepting this principle in Iranian law. On the other hand, according to Article 1-7 of the Principles of International Commercial Contracts, the parties must act in accordance with good faith and fair dealing. Therefore, the principle of good faith must be observed in all stages of the contract. The function of this rule can be seen in various provisions of these principles.

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating

Proving evidence is the bridge between procedural and substantive laws in criminal proceedings. Human progress in the field of information and communication technology has made it necessary to design and examine electronic criminal confessions as one of the important evidences in the laws of Iran and Afghanistan, which the current research has been responsible for. How to validate this evidence in the laws of the two mentioned countries is the subject of the present research, which was done with the descriptive-analytical research method. First, the feasibility of accepting the accused's confession through electronic telecommunication systems; Then, the challenges regarding its validity in the criminal laws of Iran and Afghanistan have been examined. In Iranian law, electronic criminal confession is accepted. However, in Afghanistan's law, the legislator has not provided a statement regarding the acceptance of electronic criminal confessions with respect to technological advances. The challenges of accepting electronic criminal confessions in Iranian law are in the cases of judicial representation, proof of limits, the necessity of physical presence of the accused before the judge. The current research was conducted with the hypothesis that the need to attend the proceedings based on audio-visual contact and the interaction of the accused with the judge from a distance is as necessary as physical presence; And with the provision of the necessary conditions, virtual presence has effects like other social interactions. Undoubtedly, the challenge of virtual presence through transparent, safe and secure electronic infrastructure with high-speed Internet is solved. However, in Iranian law, the lack or lack of completion of optimal realization infrastructures, as described above, is an important challenge for realizing the validity of electronic criminal confessions based on the standards of fair proceedings, which the judiciary must provide in order to provide these infrastructures to give validity to this type of evidence has enough effort.

Nowadays, due to social developments and the changing face of human civilization, a special place is given to civil responsibility. "The principle of not harming others and the need to compensate for unjustified harm, which is one of the three principles of ethics and rights, has doubled the importance of civil responsibility. Providing the best and most efficient way to compensate the victims and reduce their number and intensity and reduce social costs is the least that preventive civil responsibility can do. The concept of preventive civil responsibility has emerged with an economic analysis of responsibility. Preventive civil responsibility of the government in administrative actions is also one of the basic issues that can be proposed considering the scope of the government's activities in matters such as the environment, transgenic products, etc. Therefore, in this article, by using the analytical and descriptive method and taking into account the principle of personal responsibility and the need for accuracy in interpretation and analysis, the special conditions and rulings governing this responsibility in Iranian law in a comparative manner with England will be criticized and examined. The results show that despite the similarities in the laws of these two countries, there are also certain differences in terms of function and implementation in this field.

One of the existing performance guarantees in the field of contractual liability is "forcing the obligee to perform the obligation". In the legal system of Iran and Iraq, the principle of the possibility of forcing the fulfillment of obligations in cases of breach of obligations by the obligee has been accepted. In cases where the performance of the same obligation is impossible, the obligee is given the option of terminating the contract and receiving damages. Also, as a supplementary method, in cases where the provisions of that obligation have a condition of supervision in the implementation by the obligee, it is possible to determine the period and amount for receiving damages by the court. But in the British legal system, coercion has been accepted as a principle, and due to some reasons, it faces many limitations. This performance guarantee can only be achieved based on the rules of fairness and when the order to pay damages cannot fully compensate the plaintiff's losses, and the most important rule for resorting to it is "inadequacy of damages". According to Iraqi law, it is also mandatory to perform the same obligation in contracts, except in exceptional cases and events where the court can, after examining the interests of the parties, reduce the harmful obligation as long as justice requires, and any agreement contrary to this provision It is forbidden.

The present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to answer the question that the nature of sports contracts in Iran and England What is? Pay attention to the fact that by examining the elements of the sports contract and comparing it with other similar contracts, the legal nature of the sports contract can be determined. It seems that in a general summary, the legal nature of sports contracts in Iranian law is one of private contracts, and it is a lease contract for individuals, and by determining this nature, the challenges that existed in similar contracts will not arise in this case; because the private contract has a broad meaning and includes all the matters discussed in the sports contract; Also, although it has limitations, it does not have a negative effect on the sports contract; Rather, it causes its consistency; But in English law, the legal nature of sports contracts is subject to the rules and regulations of the labor law.

In any judicial system, a percentage of the decisions issued by the courts may be incorrect, for which solutions suitable to the judicial system, such as appeals, have been provided. The purpose of this article is to examine the points of commonality and difference regarding the right to appeal in the realm of criminal procedure of Imamiyyah jurisprudence, Iranian and French law.The present article has studied and researched the right to appeal in Iran and France by using the method of comparative research and the method of collecting library information. The findings of the article show that the right to appeal has been accepted in Iranian criminal law as well as in French law in line with the supervision of the court on the correct implementation of laws in the courts, with the difference that in the French legal system, the right to appeal is a right. Human rights can be proposed, while in jurisprudence, violating a qualified judge's order is forbidden, except in a few cases. The lack of conditions for judgment and opposition of the judge's verdict to a definite reason or jurisprudential necessity are among the exceptions to the acceptance of appeals in jurisprudence. In French law, under certain conditions, the right to seek trophies is accepted, and the basis of this right can be explained mainly in line with fair proceedings and compliance with human rights standards.

Although corruption is a complex, hidden and diverse phenomenon and the fight against it should be coherent, long, continuous and even accompanied by detailed planning in all dimensions, at the meantime, it is a social, political and economic phenomenon that also has security dimensions and in most countries, especially Iran and some other Islamic countries such as Malaysia causes many damages in the adoption of policies in the governance systems. The complexity and difficulty of fighting corruption is due to the nature of this phenomenon and today it is noticeable as a pervasive phenomenon in most Islamic countries. As an Islamic country, according to Islamic teachings, Iran has initiated the formulation and approval of regulations in the field of dealing with corruption during the legislative periods of the country, which is a source of great concern for the legislator and the Islamic government of Iran regarding the growth and development of corrupt behaviors at various social levels of the country. Meanwhile, by joining some international documents, Iran's law, while leaving the passive position, has revealed its position regarding corruption and its examples in the domestic and international realms. However, in confronting corruption, one should take advantage of all the tools such as the governance system of countries, private institutions and civil society. Therefore, while looking at Iran's approach, this article will study the situation and operational experience of the Islamic country of Malaysia as well.

The current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders.

Human resources in any organization are the most crucial pillar in providing services to clients and carrying out the tasks entrusted to that organization. This pivotal pillar may, for various reasons, engage in actions considered offenses in some countries' laws. In this regard, the Islamic Consultative Assembly of Iran approved the Law on Dealing with Administrative Offenses in 1993. Subsequently, in 1994, the implementation regulations of the law mentioned above were approved and promulgated by the Council of Ministers. Six years after the approval of the Law on Dealing with Administrative Offenses and to improve the handling of administrative offenses based on the experiences gained, the Guidelines for Dealing with Administrative Offenses were approved by the Supreme Supervisory Board on August 4, 1999. In this article, prepared using a descriptive-analytical method, due to the importance of instances of administrative offenses and considering their prevalence, only instances that do not have a criminal aspect are addressed. These instances will be comparatively examined and compared with those in Qatar's law of human resources (the employment law of Qatar).

An expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority.