iranian law

Given globalization and extensive economic and cultural interactions, the development of appropriate laws for the protection of intellectual property rights can play a significant role in the economic and cultural advancement of countries. The aim of this article is to examine the question: What is the approach of Iranian law and international documents towards the protection of intellectual property in cyberspace? This is a descriptive-analytical paper that examines the subject through library-based research. The findings indicate that in Iran, certain issues related to intellectual property rights, particularly in the realm of new and digital technologies, have not been fully addressed. In contrast, international laws, considering the rapid advancements indigital technologies, have provided more up-to-date frameworks to tackle these issues. The results show that although Iranian domestic laws are similar to international laws in some areas, practical challenges exist in the effective implementation of these laws. To enhance intellectual property protection in Iran, there is a need to update laws and establish effective and modern enforcement systems. Additionally, addressing new needs in the digital and internet space, and aligning domestic laws with international standards are essential steps to improve the protection of intellectual property rights in Iran.

Commercial companies as a powerful economic entity have many stakeholders. The optimal state of the company is when the interests of these stakeholders are between the beneficiaries of the same category or between the beneficiaries of different categories and it leads to many problems such as agency costs, mistrust of the company and as a result the inability to attract small capitals.

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 conflict of resources caused by the exercise of powers of representation of managers in companies, the conflict of interests caused by achieving the maximum efficiency as a motivat company are among the most important examples of the conflict of interests of managers in commercial companies.

Connlusion:

 The legal bill to amend a part of the Trade Law of 1347 and the Trade Law of 1311 in the direction of the efficiency of the company and maintaining the balance and not creating has considered solutions in several articles. Dismissal and installation of managers, prohibition of receiving loans, prohibition of transactions with companies, prohibition of competition with the company, incentive regulations and the right to file a lawsuit are among the most important solutions for the conflict of interests of managers in commercial companies.

The person selected for arbitration may die or resign. In such cases, the arbitrator must be selected by a permanent and impartial authority without suspicion of bias and at the same time aware of the issues of dispute resolution. The authority that has these characteristics is the courts. The purpose of this article is a comparative study of the intervention of the court in determining the arbitrator 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.

The findings showed that in American law, According to Section II of the Federal Arbitration Act, the arbitration clause is "valid, inviolable and enforceable". The express purpose of the Federal Arbitration Act was to establish arbitration as a method of adjudicating claims in the courts of law. The Federal Arbitration Law accepts the principle of independence of the will of the contracting parties in the determination. In this way, it is accepted that arbitration is based on the consent of the parties.

Both in Iranian law and in Ganglis law, apart from the restrictions imposed by the necessity of public order in the field of compliance with procedural principles, especially the arbitral nature of trials, the parties are free to choose applicable procedural rules.

The purpose of this article is a comparative study of the conflict of laws related to marriage in the legal systems of Iran and Iraq.

This article is theoretical and the research method 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 respected.

The laws of the countries of Iran and Iraq have made the conflict of laws related to marriage subject to the law of their respective states; According to Iraqi law, the conflict of laws in marriage appears in several cases, depending on any conflict, it may appear at is the subject of a relationship. and its handling is brought up in the courts, rather, it exists from the moment when the legal relationship is created, because the origin of this relationship requires the determination of the law, and the definition It creates

The issue of conflict between national laws is brought up in courts that consider the laws related to the to the law of the person's home state; The effect of the category of nationality due to marriage and its effect on the category of nationality is also raised in countries where the personal status of individuals is subject to the law of their respective state.

The current study aims to design and validate the model of damage caused by cryptocurrency-related crimes in Iranian law with the aim of helping legal institutions to identify these damages and fix them. In order to analyze the problem, qualitative research strategy and thematic analysis were used. The research data were collected by means of semi - standard interviews with 12 experts in the field of corruption and related crimes who were selected using theoretical sampling method and it was rebuilt by applying the theme analysis method of the network type of the analyzed themes and the conceptual model of network measurement. The findings of the qualitative research showed that the design and validation of the model of damages and crimes related to cryptocurrencies in Iran law with the three overarching themes: 1- Legal, executive and legal damages related to the field of cryptocurrencies 2- Existence of various risks (activity, exchange rate, laws and regulations, etc.) in the field of cryptocurrencies 3- The threats related to the increase in cryptocurrency crimes have reached theoretical saturation. In addition, in order to validate the themes and the rebuilt model two credit assessment methods, the communication method and the audit method and also in order to test the reliability, two methods of reproducibility and transferability or generalizability have been used.

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.

In the execution of electronic service contracts, we encounter an exceptional situation, namely the premature execution of the contract. The aim of this article is to legally examine the premature execution of electronic service commercial contracts. The premature execution of commercial contracts, especially electronic service contracts, presents a special and unique case where the obligor executes the contract before the specified time, confronting the obligee with an unpredictable situation that may lead to damages or financial costs. In the Iranian legal system, the legislator is silent on the premature execution of contracts, but jurists and legal scholars have three viewpoints on the matter. The first viewpoint is the rejection of premature execution due to potential harm and the violation of the principle of time-bound contracts. The second viewpoint holds that the obligee is not obligated to accept premature execution. The third viewpoint states that if the premature execution of the contract benefits the obligee, it is obligatory for the obligee to accept it through a new agreement or unilateral acceptance. Among domestic legal scholars, there are also viewpoints such as the principle of non-acceptance, the principle of contractual impossibility, the principle of contract preservation, and the application of the principle of the sovereignty of will, each having different legal implications for the premature execution of contracts. The best solution to resolve disputes arising from the premature execution of private electronic service commercial contracts is to apply the principle of the sovereignty of will between the obligor and the obligee to preserve the contract. However, this solution is not applicable in governmental contracts due to the obligation to follow legal formalities and the existence of contractual guarantees.

Today, the concept of tourism is considered from many aspects such as jurisprudence, law, economics and sociology. This article studies the first and second rulings on tourism from the jurisprudence perspective and the permissibility or impermissibility of accepting non-Muslim tourism in Muslim societies, and the evidence of the obligation to adhere to covenants with infidels and the ruling on tourism by Muslim and non-Muslim women. Tourism in the natural state is permissible and due to the requirements of time and place it ends up being desirable or obligatory according to its propaganda and guidance effects. Receiving non-Muslim tourists under the auspices of Islamic countries will be permissible and required in jurisprudence in some cases, and Muslim women's tourism takes place within an Islamic framework with its beneficial effects, and women's tourism is not subject to evidence of prohibition.

According to the principle of freedom of contract, each of the parties to the contract is free to accept the terms of the contract and start concluding it. However, sometimes it happens that due to reasons such as economic, political and social power or higher bargaining power, one of the parties is in a weak position and imposes terms and conditions on the contract according to its superior power. In such a situation, one of the parties is in a position of weakness. This factor caused the legal systems of the world to develop regulations and mechanisms to protect the weak side of the contract. The present article has investigated the mentioned issue in the legal systems of Iran and France by using the descriptive-analytical method and using library data and considering the importance of the issue. First, this issue was examined in French law, and it was found that the French civil law has provided for the protection of the weak party of the contract, excessive hardship, contractual imbalance, and excessive obvious advantage of one of the parties. In Iranian law, by passing some laws and using the interpretation of contracts, it has been tried to support the weak side of the contract.

The present research, using the qualitative method and analytical-descriptive method, aims to performance a comparative study and explain the foundations and examples of the civil responsibility of electricity supply institutions. The findings of this research show that the civil liability of the mentioned institutions in Iran and America in the stages of production and transmission is considered as "Sovereign Acts" and in the stage of distribution among subscribers and consumers is considered as "Employee Acts"; In addition, the civil liability of the electricity supplier entities is "Contractual and Non-Contractual" in nature, and both Iranian and American legal systems consider the civil liability of the electricity supplier entity in the production phase, which is a liability based on the contract; with the difference that the basis of responsibility is different in these two legal systems; As in Iranian law, this responsibility is based on "Fault" and claimable damages resulting from the violation of contractual obligations are subject to the specification of the parties, custom or law; But in American law, the basis for establishing the contractual liability of the aforementioned entities is "Pure Liability" or liability without fault, and the liability of these entities is established solely based on the breach of obligation; Therefore, in this legal system, as soon as a breach of contractual obligations is established, regardless of the reason for the breach or fault, the obligee is responsible for compensation. In the stage of electricity distribution, in Iran's legal system, it is possible to point out the responsibility resulting from the lack of care and maintenance of the facilities and equipment for the transmission and distribution of electricity to the subscribers, as well as the responsibility resulting from negligence and failure to take preventive measures, which is the factor of "Fault" Civil liability plays a fundamental and key role for the aforementioned supplier institutions; But in the American legal system, one can find very limited cases in which civil liability can be proposed for the mentioned institutions at this stage, and basically it is very difficult to establish civil liability at this stage, and this is due to the mechanisms that exist in this country in In order to comply with electricity transmission and distribution standards, division of responsibility and the involvement of consumers and subscribers in possible damages are applied.

There are different views on the possibility of choosing the rules governing liability, meaning that the injured party has the right to choose between the rules of contractual or compulsory liability to claim damages. Given the reliance of Imami jurists on the rules of compulsory warranty in cases of contractual violations, they can be considered supporters of the view of the right to choose. In Iranian law, as a general principle, there is no prohibition on the injured party choosing the basis of liability to prove his right because it does not contradict the will of the legislator and public order. There is a difference in Sunni jurisprudence, but in Egyptian law; considering that the nature and scope of each liability are discussed separately and special conditions are prescribed for claiming compensation based on each liability, this legal system can be considered to have no right to choose. The Iraqi legislator has also denied the claimant the right to choose the rules of liability and has only considered the will of the parties to determine the type of liability - which is the contract - as valid. This research, relying on the descriptive-analytical method, believes that by accepting the possibility of choosing the rules of liability; The selection of the governing rules - in addition to balancing the contractual agreement, justice in the distribution of contractual wealth, ensuring the economic security of the people in the context of transactions, and avoiding any instrumental view of the contract to gain undue benefits - is in accordance with the goal of the science of law, which is to maintain legal order and security in society and is based on justice and fairness in contracts. due to uncertainty Wise people do not enter into a contract that demands a gross loss and does not have the means to demand it.

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.

Conditional sales and the right of restitution in contracts are concepts that have distinct, yet occasionally overlapping, effects in transactions. In Iran's registration law, these concepts are often used interchangeably. This is evident in jurisprudential texts and legal regulations. In Iranian law, the acceptance of conditional sales has gained traction; however, it is inaccurate to equate the concepts of transactions, the right of restitution, and conditional sales. In Egyptian law, the prevailing opinion among most Egyptian jurists is that since the customer does not acquire ownership, they should reject the transaction. Consequently, the seller retains the right to claim restitution without being bound by the statutory period for such claims. The purpose of this article is to examine the principles governing transactions involving the right of restitution and conditional sales within the legal frameworks of Iran and Egypt. This analysis employs a descriptive-analytical method. We conclude that the principles governing transactions with the right of restitution and conditional sales differ significantly between the two legal systems. In Iranian jurisprudence and law, the foundation of such transactions is based on the right of restitution, as articulated in Emami's jurisprudence. Conversely, in Egyptian jurisprudence and law, these transactions are rooted in Hanafi jurisprudence, which is primarily derived from verses, hadiths, traditions, and reason. These elements are crystallized within the core of legal provisions.

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 general policies of the system are among those that have a normative hierarchy in the legal system of the Islamic Republic.This is why the predicted mechanism to monitor the implementation of these policies is placed in direct balance and discipline.Therefore, the question that arises is, what kind of supervision is the supervisor on the implementation of these policies? In this regard, considering that the concept of the general policies of the system is specific to the constitutional rights system of our country and does not have a similar example in other countries, therefore, in the first place, the need to understand and then implement it is of double importance. Now in the legal system under discussion, based on part (1-4) of the annex to the verdict of the 8th period of the Council of Expediency of the System, the institution of the Supreme Board of Supervision of the implementation of the general policies of the system as an independent institution of the Council of Expediency of the System, alongside the Guardian Council, supervises the He has taken over the implementation of the general policies of the system. This institution is independent from the Assembly but is formed by the members of the Assembly. Based on this, the way of monitoring the implementation of the general policies of the system since the beginning of this concept in the normative structure of our country until now, in order to improve the monitoring method, will be considered and examined in this article.

Arbitration is considered one of the most important and widely used methods for resolving international commercial disputes. Despite the enactment of the International Commercial Arbitration Act in Iran, numerous obstacles still hinder the enforcement of foreign arbitral awards. These obstacles may arise from legal gaps and ambiguities, inconsistent judicial practices, broad interpretation of the concept of public order, as well as political and economic constraints. This study examines the legal foundations and regulatory framework governing foreign arbitration in Iran, identifies and analyzes the key challenges and obstacles. Additionally, through a comparative study of leading legal systems and international standards, solutions and reform proposals are presented to address the existing deficiencies. These solutions include amending domestic laws, establishing specialized courts for international arbitration disputes, providing a more precise definition of public order, and enhancing international cooperation through accession to or more rigorous implementation of global conventions. Ultimately, the study concludes that overcoming legal and practical barriers in Iran will facilitate foreign trade and investment and significantly strengthen global confidence in the Iranian legal system.

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.

Violation of contractual obligations and damages caused by it is one of the most important issues that are discussed in the field of contract law. This violation can take various forms, including non-fulfillment of contractual obligations, delay in fulfilling contractual obligations, and delivery of defective goods. In legal systems such as the Islamic Republic of Iran, only material and moral damages directly caused to the injured party through breach of contract can be collected. The motivation and reason for choosing the present topic has been important in several ways. First, among the disputes related to contracts, the most disputes that arise are related to the compensation of moral damages, while Iran's legal system has not been properly updated in this area. Second, the complexity of relations. A contract in the current era has also caused several models to be accepted in the field of moral compensation. In Iran's legal systems, forcing the obligee to fulfill his obligations is intended in the first place, and compensation is only if the obligee cannot or does not have the will to fulfill his obligations. It seems that according to the two main bases of contractual liability, i.e., the right to confront, according to the provisions of verse 194 of Surah Al-Baqarah and Article 221 of the Civil Code, the provisions of the agreement of the parties in determining the scope of contractual liability, damages due to breach of contract can be claimed in the following forms. First, the benefits that the parties expect to obtain through the execution of the contract in a conventional and reasonable manner, as required by the right of reciprocity. Secondly, the costs incurred as a result of relying on the execution of the contract, as required by the law of reciprocity and that the breacher of the contract knew that by not executing the contract, the costs incurred by the other party relying on the execution of the contract would be useless and wasted. . In addition, here some kind of implicit condition can also be invoked.