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

In Amartya sen's theory of human development, development means freedom. One of the five types of freedom in this view is economic freedom and one of its most important indicators is the rule of law. From this point of view, the criterion for evaluating various social institutions, including the criminal justice system, is its contribution to strengthening, guaranteeing and the degree of commitment to protecting economic freedom. One of the indicators of the rule of law is the "Constraint on Government Powers ". The main issue of this article is how effectively the government's economic power has been limited in Iran's legislative and judicial discourse. For this purpose, analytical-descriptive methods and content analysis of legal texts and interviews with ten judges handling economic cases (from march to July 2024 ) have been used as information gathering tools. Empirical findings do not positively evaluate the performance of Iran's criminal justice system from the perspective of Constraint on Government Powers.

In Chapter Two of the Landlord and Tenant Law of 1997, the legislator, in an effort to legitimize the institution of goodwill and drawing from Imam Khomeini's Tahrir al-Wasilah, has recognized this right. Accordingly, the tenant may negotiate with the landlord to gain privileges such as the right of priority in leasing. Just as the acquisition of these privileges, known as goodwill, is based on mutual agreement, its transfer and waiver must also be agreed upon. Article 6, Note 2 of the said law states: "If the landlord transfers the goodwill to the tenant through legitimate Sharia means, the tenant is entitled to demand the goodwill at its fair market value upon vacating the premises." In this regard, the authors, based on substantial reasoning, believe that unlike the previous law, the creation, transfer, and waiver of legitimate goodwill are solely based on the agreement of the parties. Demanding the goodwill value as a legal obligation at a fair market rate is unjust and leads to the infringement of both landlord and tenant rights.

The modern government is subject to the rule of law. Compliance with the law also requires acceptance of supervision. Judicial contorol of the government's actions is the most important and effective type of supervision that is applied to the actions and decisions of the government. The formation and development of this supervision is the result of concern about the need for the administration to comply with the law. This compliance is guaranteed in various ways, the most significant guarantee of which is the contorol of administrative actions and decisions by courts and judicial institutions. The judicial description of this kind of contorol separates it from other political and parliamentary, financial, administrative and quasi-judicial supervisions. The content of supervision is to match the actions and decisions of the administration (Facts) with laws, principles and rules (Acts). Monitoring the legality of government actions is divided into two categories: monitoring formal legality (jurisdiction and observance of formalities) and monitoring substantive legality (abuse of jurisdiction and mistakes). In the Islamic Republic of Iran, judicial contorol of the administration is carried out in three ways, two of which are objectionable and exceptional through the judges of the courts and the country's inspection organization, and one of which is the filing of a lawsuit and specifically through the Administrative Court of Justice. Accepts. We will examine each of these issues and evaluate them below.

Marriage is one of the fundamental social institutions and falls within the scope of inherent human rights, playing a crucial role in the physical and psychological well-being of individuals. However, child and adolescent marriages, due to their irreparable consequences—particularly for the health of girls—have become a significant challenge. According to international legal instruments, the minimum accepted age for marriage is eighteen years, and marriages below this age are prohibited. In Iran, following the predominant view of Shia jurisprudence, the minimum marriage age is set at thirteen for girls and fifteen for boys, with marriages below this age permitted under specific conditions. Given the physical and psychological harms associated with early marriage, this study, using a library-based method and a descriptive-analytical approach, aims to identify the capacities of the Iranian legal system—including Islamic jurisprudence, domestic laws and regulations, international instruments, and judicial opinions—to prohibit marriages for individuals under eighteen years of age. The study demonstrates the necessity of distinguishing the age of religious responsibility from the age of entitlement to social and civil rights, ultimately proposing the age of eighteen as the legal marriage age, due to the attainment of maturity by minors at this age.

In the criminal law of Iran, in the topic of "crimes" in paragraph (c) of Article 292 of the Islamic Penal Code approved in 1392, the mistake in person has been examined as an effective factor on the psychological element of the crime. In common law, there is also a mistake in the person in the topic of murder, and according to the view that "the target follows the bullet", they believe that this mistake has no effect on the intentionality of the crime committed on the victim of the unintentional crime. The question that is raised is that in Iranian law, is this mistake only limited to crimes against physical integrity or is it effective for other crimes, especially crimes against spiritual integrity? The findings of the research indicate that, contrary to the theory of transferred malice in common law, in Iranian law, a mistake in a person is effective in forming the absolute malice of intentional crimes as a kind of mistake in the subject of the victim (that is, a certain person). In such a way that the effect of the intended behavior on the unintended purpose, in principle, in terms of the lack of the subject's intention, causes the deterioration of the intentional psychological element. Except that in case of lack of intention, knowledge is a substitute for definite and certain intention. As a result, in crimes against the spiritual integrity of persons, according to Article 144 of the Islamic Penal Code approved in 2012, two assumptions can be considered; First, the fact that the perpetrator unintentionally made the unintended crime victim the subject of crimes against dignity or spiritual personality and also had no knowledge of the behavior. (Lack of intention and knowledge) Second, despite the lack of intention, the perpetrator knew or should have known that his behavior leading to a crime against the spiritual personality of the victim is unintentional. It is innocent, and it has no effect on the second hypothesis in terms of verifying the scientific, criminal and wrong element of psychology.

Prevention of security violations of information exchange networks is something that has always been the concern of legislators. This issue is important because in today's era, as an electronic era, breaching the security of information exchange networks leads to information leakage and creating grounds for abuse, which misuse of people's personal information can, sometimes even have destructive effects on biological security or cause the personal assassination of the nationals of a country. The legal system of the European Union in this field includes detailed regulations, among which we can refer to the General Data Protection Regulations approved in 2016. These regulations contain detailed rules in the field of maintaining and preventing information security violations. The main question that this research seeks to answer is, what mechanisms does Article 32 of these regulations contain in order to prevent security violations of information exchange networks? In order to answer the above question, the present research, in a documentary way, by presenting the provisions of the above-mentioned article and analyzing its clauses, the mechanisms determined in this article in the four categories of anonymizing and encrypting personal data, ensuring confidentiality, integrity, availability, and flexibility. processing systems and services, risks (risk) related to information processing and compliance with formal requirements, and in the conclusion part, he tried to provide some policy recommendations, including how to amend the laws and regulations approved in Iran's legal system, informing the people through Mass communication media and systematizing the granting of licenses to the activities of transnational companies as the results of the review of Article 32 of the European Union regulations approved in 2016.

During the past years, cyberspace has become of the main issues of governments, and cryptocurrencies has been recognized as a sensitive area in need of policy in all countries of the world .This article, looking for: "What should be the pattern of regulating the virtual space, especially the phenomenon of cryptocurrencies in Iran, considering the legal status of the Supreme Council of Cyberspace and the comparative experience of China?" In this regard, by using library resources, the relationship between governance and regulation of virtual space has been described first, and then the concept of governance and regulation of cryptocurrencies have been discussed. In the following, we will compare the structure, duties and actions of China in the regulation of cyberspace, especially cryptocurrencies, with the actions of Iran, because the institution and structure of the regulation of cyberspace in China and Iran have similarities, including the fact that both of them use a supra-governmental structure to regulate cyberspace. The results show that firstly, the legal position of the Iran's Cyberspace Supreme Council in specialized issues of cyberspace such as cryptocurrencies, which have different dimensions, should be as a regulator of the regulators . Secondly, the multi-dimensionality of the issue of cryptocurrencies and the interference of different areas of money, finance, energy, industry and trade doubles the need for a national coordination headquarters, which has not been given serious attention so far.

Actions such as the publication of the mass killing of journalists and the arrest of a large number of nationals of countries joining terrorist organizations and groups confirm the growing spread of ideas and recruitment of human resources in social media by terrorists. The proliferation of terrorist organizations using social media creates new challenges for online platforms, policymakers, and governments. Additionally, the popularity of social media around the world provides a huge potential audience for framing terrorist action. Unfortunately, due to the non-cooperation of the governments, control measures and police surveillance of the Internet and consequently virtual social media have failed. Therefore, the use of social media by terrorist groups is a new challenge for anti-terrorist mechanisms. Therefore, to deal with and prevent terrorist crimes in cyberspace in the form of social networks, it is necessary for international organizations, especially the United Nations and affiliated institutions, while making legal policies, to call on governments to support this matter so that the possibility of violating international peace and security. Due to the movements of terrorist groups in social networks are suppressed and pursued through international forums

Artificial intelligence is one of the most basic and serious topics of research and investigation in the world today. Artificial intelligence is progressing and developing in a lightning-fast and amazing manner in the current era. Very soon, we will see huge changes and developments in this type of new technology. This new technique and technology has been widely used internationally in various professions and industries. The profession of law, law, and distributive justice is not exempt from this issue; now this question is raised, which of the tools will be more useful and appropriate to achieve distributive justice; Human intelligence or artificial intelligence? Is it possible to bring society closer to real justice and fairness with this new technology in this modern era? What is certain is that artificial intelligence with the behavior of human intelligence strengthens capabilities and increases efficiency. Therefore, the findings using descriptive, analytical, and argumentative methods show that artificial intelligence in terms of speed, accuracy, and decision-making power in analysis and problem analysis is more effective and efficient compared to human intelligence. Thus, the use of this new technology helps a lot in the fair distribution of incomes, opportunities, and important economic issues in society. Although the negative effects caused by the expansion of this new technology cause economic, educational, moral, and other discriminations and inequalities; however, it is possible to reduce the negative effects of these inequalities caused by the development of this new technology by exercising caution, carefully managing and monitoring data, creating programs and supporting laws, and using artificial intelligence technology based on the principles of distributive justice.

Blockchain technology has brought about significant changes in the legal field over the recent years. Decentralized justice platforms have attracted a lot of attention thanks to their goal of increasing individuals’ access to legal services and providing widespread access to justice. However, using decentralized dispute resolution systems instead of traditional centralized systems necessitates a thorough examination of the opportunities and threats of this technology, given the high importance of the judiciary. This study aims to identify and rank the potential advantages and drawbacks of implementing blockchain technology within the judiciary. The study sample comprises a targeted group of information technology professionals from the judiciary. First, the benefits and challenges associated with using blockchain technology were examined comprehensively through a review of current literature. Then, significant indicators were identified using the fuzzy Delphi and ranked through the interpretive structural modeling. Results revealed that the security and accuracy of data processing, limitations on the number of transactions within a blockchain network, network security, interactivity of blockchain networks, disruption of communication due to cyber-attacks, high storage requirements, maintenance and support, data accessibility, and lack of public trust pose serious obstacles to implementing blockchain technology within the judiciary.

There is no doubt that the right to access information is one of the most basic rights of every buyer. This doubles the necessity of the current research in relation to the examination of contracts in this field. The leading article was written with the aim of analyzing the effect of the principle of justice and good faith on the provision of information and warnings in contract law. Therefore, the obligation to provide necessary information is one of the traditional rights of every consumer based on the principle of justice and good faith, which is certainly considered one of the duties of the strong party of the contract. This research has been compiled by content analysis method and in a library form and by referring to the regulations. The results of the research indicate that there is no definition of good faith and contractual justice in the laws of Iran. Also, the lack of strict regulations on the advertising of goods can create many problems in the direction of protection from the weak side of the contract. After conducting the research, it is concluded that in commercial dealings and providing information and warnings about contractual substitutes, it is appropriate to accept the theory of pure responsibility in Iranian law and take a big step in promoting the rights of consumers and all-round compliance. Justice in contracts should be removed.

Artificial intelligence (AL) is advancing without any predictions in technological development and scope. Meanwhile, some legal issues related to the avatar of a real person in Metaverse are discussed here. Considering, the emergence of the metaverse is developing, and all are members Gravatar, therefore, the inclusion of rights and duties in the relationship between them is undeniable, which includes the rights related to Gravatar in the regulation of relationships between them. The first part of the article deals with what rights and duties the metaverse and avatars face in artificial intelligence and basically why the rights of such avatars should be protected. In addition, the integration techniques for giving legal personality to avatars in the metaverse and some damages Such as committing crimes of theft, forgery and abuse of rights in the meantime are criticized. In addition, with an analytical and descriptive approach, imposing responsibility and liabilities on a real person by applying the rule of piercing veil" in the form of corporate law regarding avatars in terms of identifying the real natural person behind the avatar and through the criminalization of predictable actions and activities as the final result in applying the company's rights and the punishment applicable to the legal personality has been reviewed.

Since governance has various aspects and dimensions, including economic governance and its subsets,The monetary and financial policy through the central bank of the country's government is considered as monetary governance. With the emergence of new technologies such as blockchain, it seems that this Governance has become relative and has been overshadowed by this technology and has reduced the control of governments over the implementation of monetary policies. Central banks, which see their monetary sovereignty at risk, react based on their understanding of the issue and of course, some governments consider this technology as an opportunity for themselves. Accordingly, this article examines the monetary sovereignty of countries under the influence of cryptocurrencies and blockchain technology, and with a descriptive-analytical method, it seeks to explain the relationship between cryptocurrencies and the monetary and national sovereignty of countries in the field of international law.

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 purpose of this paper is to discuss discusses the legal and technological challenges and disputes about the governance and regulation of user-generated video platforms. In this paper, by focusingon the Aparat video service, we will show how the issue of Content management has become a legal challenge. The regulation of video platforms in Iran, whether platforms that provide subscription video-on-demand services or platforms that mediate user-generated content sharing, has created some legal disputes. This conflict has different levels Its first level is related to the definition of video content. Its primary manifestation is the continuation of the conflicts on the definition of "expanded audio and video." The second level is the determination of the regulatory authority. The establishment of Satra and the difference between the Ministry of Culture and Islamic Guidance and the IRIB regarding the institution in charge of this area is remarkable from this point of view. The third level of this controversy is about the mode of content moderation. Considering these different levels, this article shows how these disputes have emerged at the level of content moderation. Presenting a comprehensive communication law in Iran by determining a macro-regulatory body that considers the technological developments of the media, deciding on the limits and responsibilities of users or platforms, and developing a content moderation mechanism are the main suggestions of this article.

The idea and the initial plan are the result and creation of the human mind and his Inventiveness; in addition, those play a constructive role in the formation of intellectual creations in both literary & artistic and industrial fields. Although in a developed and just legal system, the protection of the idea seems necessary, but its protection in the framework of intellectual property law faces serious theoretical challenges. The idea is out of not only the scope of protection of national and international intellectual property regulations but also theoretically, its protection and the granting of ownership monopoly to the creators of ideas is not justifiable and unchallenged. In this research, on the one hand, while examining the historical course of the importance and place of ideas in the formation And prosperity of the US film industry and cinema  , the necessity of supporting idea makers in order to encourage and expand creative activities is explained, and on the other hand, The impossibility of supporting the idea of intellectual property law is analyzed in the framework and approach of the three theories of Natural rights, the instrumentalist theory of intellectual property rights and the theory of economic analysis. Due to that necessity and this challenge, the formation of the idea legal system is based on the American judicial procedure, which supports the creators of ideas in a different form, apart from intellectual property law and without granting ownership monopoly. Understanding the basics of these necessities and challenges and Understanding law of ideas system and its goals can be a starting point for protecting idea makers in Iran based on the capacities of this field of law.

As the most important actors of social security systems, pension funds follow certain principles in their investments; One of these principles is the principle of responsible investment. Responsible investment means integrating environmental, social and governance factors in the decision-making process for (long-term) investment and managing related activities. The emphasis on responsible investment by international organizations and the tendency of many pension funds in the United States of America, the United Kingdom and the European Union member states to do so indicate the importance of the issue. For this reason, the current article has investigated the responsible investment of pension funds using the descriptive-analytical method and based on library studies. The findings of this article indicate that pension funds in countries have different approaches to responsible investment; So that some of them strictly follow the rules of responsible investment; Some others try to comply with this principle to some extent, and another group of funds do not pay any attention to complying with this principle. The approach of these last two groups of funds is mainly due to the lack of knowledge required for responsible investment, the difficulty of choosing a portfolio and the high cost of this type of investment.

Artificial Intelligence, as one of the most important grounds of new technologies, infiltrates all aspects of human being life. one of these aspects is the inventions created by artificial intelligence, and this question will arise that if artificial intelligence would benefit legal rights of inventions? what is the necessity of recognition of this legal right, and what are the challenges of recognition in the framework of traditional system of intellectual property law? The current article studies the possibility of inventorship of artificial intelligence, with a focus on DABUS, the famous case in which DABUS is named as an inventor in a  patent application. The current research tries to examine the possibility of reconciling the requirements of invention patentability with the specifications of artificial intelligence, and investigate the possibility of inventorship and ownership of artificial intelligence using an analytical-descriptive method while addressing the process of DABUS case. Although DABUS patent applications have thus far failed in most legal systems, most requirements of patentability coincide with the features of artificial intelligence. Even Civil law countries acknowledge that originality cannot be assessed according to artistic quality, and it is necessary to apply different standards of originality for different types of works. Thus, the basis of IP protection should be reviewed. This study concludes that the recognition of DABUS as an inventor in some international patent offices can be the beginning of making changes in new patent system and also the recognition of other legal rights, namely the personality right of artificial intelligence.

With the development of communication and media tools, defamation cases have transcended national borders, so the international elements involved in such cases can be very numerous. Therefore, the legal systems should provide choice of law rules for the courts that have an appropriate effect. This research will investigate that what kind of rules are used in the legal systems of England, the European Union and Iran to determine applicable law. Are these rules compliant with the conditions of defamation claims? In the studied legal systems, no special rule has been designed for defamation. In the European Union, due to the exception of defamation from the general rules of conflict of laws, national rules are applied. In Iranian law, only the general rule of lex fori is applicable, but in English law, according to common law, defamation must be held liable by both the lex fori and the lex loci delicti. This research will demonstrate that the rules provided in these legal systems are ineffective and have to conform to defamation lawsuits.

Justice and order have remained fundamental principles within various legal systems throughout history. In certain systems, these ideals are believed to be realized through the strict enforcement of laws, while in others, consensus around societal norms is deemed essential for achieving justice and order. Despite these differences, it is evident that all judicial systems strive to attain these goals by uncovering established truths. In the pursuit of justice and order, two distinct methods have emerged: the objective analysis of evidence and the ascription of enduring meaning to evidence that transcends the bounds of litigation, and the narrative approach, wherein the rationale aligns with the parties' narratives and derives contextual meaning from them. This exposition is rooted in the belief that prevailing legal scholarship in Iranian law emphasizes the significance of objective evidence, while the narrative approach holds greater sway in American law. However, through a comparison of these two methodologies, it becomes apparent that elements of the narrative approach are also present in Iranian civil litigation. It could even be contended that evidence fundamentally cannot be applied to a dispute without considering the underlying narrative. Consequently, legal scholars should acquaint themselves with this narrative approach and its principles, enabling them to possess a heightened self-awareness that contributes to broader objectives within civil litigation.