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

Today, the attractiveness of contracts regarding consumer rights is related to their formal aspect. The rules and regulations regarding consumer rights in France have grown in the shadow of two important laws: the old civil law approved in 1804 and the new one approved in 2016. Commercial law and its regulations are constantly evolving. At first, consumer law regulations were only considered as a supplementary source of contract law (Rzepecki, 2015: resume) and gradually its rules became original to the extent that in some cases it became a source of inspiration for other fields (Julien, 2019: Résumé). As will be seen in Iranian law, there are laws such as the Car Consumer Protection Law approved on 1386/23/3, the Consumer Protection Law approved on 8/2/1388, the Electronic Commerce Law approved on 10/17/1382, the Building Presale Law approved on 12/ 10/1389, the country's trade union law approved on 12/24/1382, the country's monetary and banking law approved in 1351 with subsequent amendments, the usury- free banking operation law approved in 1362, the government punishments law approved in 1367 with subsequent amendments. They are considered a turning point in the history of consumer rights in Iran. In the reliminarynegotiations, the consumer was very weak in front of the contractual party,and this caused the stronger party to take the initiative in determining the rights and obligations of the parties, and the text of the predetermined contract containing its desired terms in front of they used to be consumers and behaved like lions and rabbits towards their weak side and drew the line of justice (Kirimi, 2016: 76). Previous articles and researches have focused on the analysis and review of the content of clearly imposed terms to ensure equality between the rights and obligations of the parties and emphasize the need for judges and legislators to intervene in ordinary laws and the constitution to create a contractual balance through the annulment of imposed terms. There is a research gap regarding the secret imposed conditions (Sardoui Nesab and Kazempour, 2013: 75 p. 37; Taghizadeh, 2014: 10 p. 9; Amini, Mansour; 2011, p. 59; Asadi, Passapour, Badini; 2017: 23; Nabizadeh Kabria; 1399: 18; Isaei Tafarshi, Ayin Alireza; 1396: 4; Elahian; 1392: 1). The research question is what is the meaning of hidden imposed conditions and what are their examples in Iran's consumer law and what is the ruling of the legislator regarding this category of conditions? The new approach to the freedom of contracts in consumer law to fight against the content of the imposed contract prompted professionals to change their position and turn to the formal aspects of the contract in such a way that today the appeal of consumer law is flexible to the formal aspect of the contract. In French consumer law, a list of black-and-gray conditions was compiled in 11 cases. In Iran, hidden imposed terms were identified in 6 cases in two ways: inclusion in the text of the contract, such as illegible, small, ambiguous terms, and inclusion outside the text of the contract, such as terms inside the packaging of goods and software products, in the middle and margin of the contract. In France, Article 1171 of the Civil Code approved in 2016, has declared the sentence of imposed conditions to be considered unwritten" as having the effect of invalidity, and at the same stage of the legislation, it specified their sentence and has the advantage of avoiding the high involvement of judges in the form and content of the" contract and as a result, the difference of opinion of the trial courts has been prevented. Considering the emphasis of the present research on the formal aspect of imposed conditions, as explained in the conclusion section of the article a proposal was made to amend Iran’s, Consumer Protection Law.

The right to defense is one of the basic human rights in civil life. This right, which is considered among the first generation human rights, i.e. civil-political rights, deals with the rights of individuals when they are in the process of litigation and their lives, property, freedom and dignity are attacked as the greatest gifts of God. The right to defense has a long history in the world, but its recognition in laws and regulations goes back to freedom movements and the emergence of modern governments. The present research aims to examine the right of defense in the legal system of Iran and France, emphasizing the recent resolution of the parliament, i.e. the law facilitating the issuance of certain business licenses, and how it affects the legal profession and subsequently the right of citizens to defend themselves by analyzing the opinions of supporters and opponents with the method There is a library. The findings of this research show that although legislation by people's representatives is necessary to supervise the matter of advocacy as one of the public services; However, Article 6 of the Law on Facilitation of Business Licensing by determining the floating quorum and facilitating the admission to the legal profession entrance exam for many reasons lacks the efficiency necessary to improve the legal profession and consequently the people's right to a fair trial and may cause disruption in The realization of the right of defense will be in the courts of law.

One of the harms of imprisonment, especially when the head of the family is sentenced to imprisonment, is the imposition of economic problems on families. In this paper, an attempt has been made to investigate the effect of empowerment of prisoners and its effect on the economy from a jurisprudential point of view.

The present paper is descriptive-analytical and the library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty, and trustworthiness have been observed.

Empowerment of prisoners is one of the mechanisms of rehabilitation and correction of prisoners, which includes various programs such as education, employment, and vocational training. Employment and vocational training, apart from their effect on prevention of repeating the crime, can help improve the economic status and livelihood of prisoners' families, both during and after their imprisonment. The jurisprudential basis of empowering prisoners in order to protect their families is the "Principle of Vezr", which implies the individuality of punishments and criminal responsibility. According to this principle, the punishment is only for the perpetrator.

Empowerment of prisoners, especially their employment, is one of the important issues of punishment for prisoners, which requires more attention from an economic perspective. Employment and vocational training of prisoners can be achieved in the context of a corrective approach and, of course, an economic view of punishment and imprisonment.

Control of professional and guild institutions in the form of the administrative guardianship is always important. However, it is also possible to control these institutions by setting some professional standards based on autonomy. The medical profession has a special sensitivity due to its connection with the most important aspects of human life and making an effort to bring the performance of its members subject to professional standards which are generally adopted by governmental authorities in the form of codes of ethic. Although, in countries such as Germany and the United States of America, medical unions set these standards in the form of codes of conduct. The professional codes of conduct are more definite than the codes of ethic and have some sanctions and therefore have the mandatory power. The question is, what is the status of physicians' professional standards in Germany and the United States of America? Because the duties contained in the physicians' codes of conduct of Germany and the United States of America precisely explain how physicians perform and to ensure compliance there are some sanctions, so these codes in the form of soft law have a legal obligation. The purpose of this article is to explain the physicians' behavioral duties and its sanctions as an important part of the professional codes of conduct to find out that the regulations of professional medical institutions are binding in some conditions and are able to control physicians' conduct. In this regard, we have used codes of conduct, books and articles and we are trying to achieve this goal in a descriptive-analytical manner. The findings show that despite the prediction of some behavioral duties such as confidentiality in Germany and the united states of America, the German approach to enact of behavioral duties and sanctions is more exact and in accordance with professional autonomy.

 Criminal occupations mean continuous activities for which a person is paid and has corruption and harmful consequences for the individual and society, and therefore can be criminalized and punished. It is one of the important topics that needs much research in the field of criminal science; This article tries to examine this issue with a descriptive-analytical method and based on library sources from the perspective of criminology and Islamic teachings. The findings of the study indicate that although criminologists differ in explaining what criminal occupations are, they describe characteristics such as regular and continuous set of activities, income , harm to the individual and society, and prestige as characteristics of criminal occupations. ..In explaining why these occupations are theories that are more with a sociological approach; But there is still room for theorizing in this regard; This issue becomes especially important when we study it from the perspective of Islamic teachings, because Islamic teachings consider human behavior not from the perspective of mere material and worldly benefits or harms, but with a comprehensive view of material, spiritual, worldly and otherworldly affairs. Therefore, the nature and why of criminal occupations are examined from a broader perspective.

According to the principle of privity of contracts, the contractual commitments are limited to the contract parties, and third parties cannot invoke breach of such commitments in order to prove professional fault. In addition, invoking mere professional contractual and costume obligations would also make some limitations in attaining compensation by third parties. Therefore, different solutions have been devised to protect the third parties in order to exempt them from proving professional civil fault and providing them with the possibility of invoking the breach of all professional contractual commitments either mechanism oriented commitments or result oriented ones. The recognition of breach of contractual commitment as a civil fault, intervention of professional contractual situation in recognition of this civil fault (the idea of privity of contractual fault) and the law-made institutions of commitment in favor of their part, the possibility of making commitment in favor of public and formation of direct contractual relationship between professionals and third party are common solutions. However, regarding the professionals’ activities that formed mostly within the contracts’ context, the above mentioned institutions are not efficient necessarily to protect third party against damages resulted out of professional activity. Therefore, the judicial practices in England and France protect third party with utilizing the routes of the rules of the parties of contract’s possibility to invokethe legal status resulting from contract against third party and/or generalizing the idea of commitment to cautious and care in performing contractual commitments to third parties. In Iran legal system, the possibility of commitment in favor of public in general rules and the professional strict liability against the other party and third party in the Law for Protection of Consumers’ Rights are solutions that can be offered in order to protect the third party (rights).

Concern for the protection of the weak party is a characteristic of contemporary French contract law. In the area of the obligation to provide information، the question arises as to what criterion should be applied to distinguish the weak party from the one placed in a position of power: On what basis is the party in the inferior position protected by jurisprudence and by the legislator in the face of their (stronger) partner? The principle applicable to the body of pre-contractual and contractual obligations relating to the disclosure of information is the degree of knowledge that one of the contracting parties has about the other. This widespread and objective concept of the layman as proposed by jurisprudence is indirectly accepted by legislators through the use of the term ‘non-professional’. According to the jurisprudential criterion، the professional consumer who acts beyond his/her competence when concluding a contract may be regarded as a ‘non-professional’ in order to benefit from legal and judicial protection، provided through the obligation to disclose information.