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

Money laundry is a concerning offence regarding financial _ administrative corruption; which endangers and mischeives the economical benefits of countries. Thus in recent years specifically since 9 11 disaster in the USA, a pessimistic security approach is taken to pursue adjudicate and punish criminals in various states all over the world. The focal point in a security orientated approach in economical offences and specially money laundry is the rules of prosecution, interrogation, adjudication, burden of proof, evidence, accused and officials rights and duties.Since money laundry is a complicated offence because of white collar offenders who have access to escape solutions and power houses, it is essential to submit an espesific procedure rule to guarantee accused fundamental rights and secure the states economical benefits which concerns its national

In response to the rapid development of artificial intelligence (AI), various legal systems have created different regulatory and supervisory interventions for this technology. While some countries prioritize consumer protection by imposing stringent regulations, others adopt a more permissive approach to promote innovation. However, comparing different models of AI regulation can help find the right balance between innovation and protecting consumers against the risks of AI. This paper, using a descriptive-analytical method and a comparative study, seeks to answer the question of what Iran's regulatory policy on artificial intelligence is. An examination of AI regulatory models in the European Union, the United States, and China indicates that each legal system must organize this matter according to its own objectives, policies, requirements, and characteristics of the legal system and technology. Iran's legal system suffers from serious structural and normative gaps in responding to this technology and other emerging technologies like AI. In 2021, the Supreme Leader of Iran declared the development of AI technology and its related systems as one of the country's macro-policies. However, the policy of developing artificial intelligence without addressing these structural and normative gaps not only potentially endangers the rights of citizens but also seriously challenges the development of AI-based businesses.

. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future

According to the second paragraph of the single article of the Penal Law, refusing to help the injured and remove the danger to life (approved 3/5/1354), which shows the general rule in Iranian law and the similar rule in countries that are members of the Roman-Germanic legal system, such as France, contrary to In countries subject to the common law system, such as the United States, it is accepted that persons such as doctors who, according to their duty or law, are obliged to help injured or life-threatening people, if they refuse to perform their duties without being aware of any danger, are liable. have a criminal record; However, according to Article 295 of the Islamic Penal Code approved in 2012, people such as doctors if they avoid doing their legal or contractual duty while they have the ability to perform their legal or contractual duty and a crime occurs due to their omission, they are sentenced to retribution or ransom, as the case may be. be. But in this article, there is no mention of the permission of the doctor to refuse the treatment due to the danger caused by the treatment. Although the meaning of the single article is consistent with some other national laws, such as Article 182 of the Maritime Law, some international regulations, as well as the requirements of some jurisprudence and the implication of reason, it seems that the legislator in Article 295 of the Islamic Penal Code, considering The mentioned condition has been removed in Iranian law; A ruling that can be criticized and is recommended to be added to it while amending the last article.

Contracts are very important tools for regulating business relationships and reducing the risks associated with it. Due to the importance of contracts, it is necessary to be careful in setting them up and consider the key terms and conditions to protect your interests. The purpose of this article is the terms effective on risk management in contracts.
This article is descriptive and analytical. The materials and data are also qualitative and Materials and data are non-qualitative.  data collection has been used in the collection of materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The condition of obligation to compensate contractual damages, the condition of exemption from liability and the condition of force majeure, the change of circumstances and the condition of contract adjustment, the condition of paying the price in currency or gold, the condition of the governing law and the condition of insurance are among the most important conditions affecting risk management in contracts. Contractual allocation of risk based on the principle of contractual freedom and considering the preferences and limitations of the parties in maximizing contractual returns is considered the most effective and efficient method of allocation.
Since the source of risk is a set of certain events or conditions that alone or in combination with other elements cause uncertainty or risk and as a result, effects are actualized that lead to unexpected deviations in the goals of the contract, including profit. or losses, therefore, effective terms on risk management in contracts can lead to risk reduction and help the stability and continuity of contracts.

The purpose of this article is to investigate the use of artificial intelligence in financial systems from the perspective of Islamic economics.

This paper is descriptive and analytical method.

Ethical Considerations:

 In this paper, the originality of the text, honesty, and trustworthiness are respected.

Results showed From.The point of view of Islam and Islamic economy, it is accepted to use knowledge and what is known today as technology and artificial intelligence in financial systems. The use of artificial intelligence in financial systems has various functions. Reducing risk and making more realistic decisions, as well as creating a platform to combat money laundering and phishing, are among the most important applications of artificial intelligence in financial systems, which are considered from the perspective of Islam. Because the Islamic economy basically aims for greater predictability and reducing risk in financial systems, and on the other hand, money laundering is not compatible with the foundations of Islamic economy.

According to the approach of Islamic economy in using knowledge and information and communication technology, it is necessary to provide platforms for the use of artificial intelligence in the Islamic financial system.

Today, traditional perceptions of the rules that all aspects of the deal are identified at the moment of concluding is difficult and in some cases has been abandoned. On the other hand, the analysis in the sources of jurisprudence on the rule of uncertainty and all of rules it shows any ignorance in which probability is harmed is not effective in invalidating the contract and therefore it can be divided into effective and ineffective and from dividing uncertainty into effective and ineffective interpretations of Effective uncertainty's theory . Such a division is seen in Egyptian law, and it is considered ineffective in the case of today transactions that are not rational. This division is also justified in Imamiyya jurisprudence, because in jurisprudence, uncertainty means a danger and danger is a possibility of harm that the rational way avoids, Therefore, if the custom has not turned away from ignorance for social needs, but rather succeeded, such an ignorance is not considered to be a pride and does not affect the validity or invalidity of the contract. In the present study, library and digital resources have been gathered through the use of analytical method to discover the sentence and offer suggestions

A futures contract is an agreement to simultaneously buy and sell a certain amount of one currency against another currency at a certain time and at a certain rate in the future. In fact, the futures contract is a type of forward contract, with the difference that the buyer and the seller are not known to each other and only transact with each other through banks or brokers active in the currency market. The foreign exchange market is a virtual market where interested people around the world can buy and sell existing currencies through the Internet and selecting the desired broker. The distinguishing feature of this market compared to other markets is the limited selection of investment options, and the major forex transactions are carried out only on seven currencies and three currency pairs, and by examining the macroeconomic variables of the countries and the news available at the international level, you can choose your desired currency. Islamic jurists believe that it is possible to trade the currencies of different countries in cash or at different rates because the inherent price and purchasing power of the currencies of different countries are independent and the general agreement is about the inaccuracy of using futures contracts and currency advances in the state of delaying obligations and rights. There are parties to some time in the future, which in this article has been examined in jurisprudential and legal doubts related to the authenticity of these contracts.

Public- Private Partnership (PPP) is a mechanism by which the private sector and the public sector work together to implement infrastructure projects and provide services. The aforementioned partnership contracts involve several risks, among which the most common and most effective risks are legal risks, based on the research conducted by the Fraser Institute in relation to the world economic freedom index, among the 14 components that consist of major problems and obstacles. were structural and executive in the field of investment, the multiplicity, instability and inappropriateness of laws are higher than other components. However, the studies show that it is possible to reduce the severity of the negative burden of legal risks governing such contracts by improving and standardizing the laws governing them, along with managing such risks with the help of conditional clauses in the contract.Therefore, the legal risks in the laws governing the field of public-private partnership were identified in this research, which were mainly caused by the inflation of current regulations, frequent changes of laws, contradictions of laws and regulations, lack of transparency of the legal system, and legislative deficiencies. Finally, by examining the changes in the legislative system governing public-private partnership contracts, solutions were presented and suggested to manage these risks in order to guarantee efficient executions for such contracts.

One of the basic issues in the field of the Salaf contract is to examine the possibility of using it as one of the trading tools in the capital market and stock market. This has always been a subject of question and debate due to the need and necessity of forward transactions in the capital markets, and in this article an attempt has been made to examine it.

In This present paper the library method is used.

Ethical considerations:

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

The most important drawback of derivative Salaf contract in financial markets is these transactions being aleatory or speculation. Uncertainty of the object of transaction and ignorance of its characteristics from a jurisprudential and legal point of view and also the high risk of the transaction question the legitimacy of the transactions and contracts. Because according to Iranian jurisprudence and law, it is necessary for the object of transaction to be transparent and clear, or at least for the general situation to be clear and specific.

It is possible to use derivative contracts in financial markets from a jurisprudential and legal point of view because risk and uncertainty cannot be separated from financial markets and economy. Derivatives contracts were created to control and reduce risk in financial markets and to bring transaction risk to a reasonably level that is accepted by custom. In this case, the mentioned transactions are not aleatory and are unrestricted from a jurisprudential and legal point of view.

Extensive risks and dangers at sea lead to great losses to many maritime activists, including merchants, vessel owners and governments. The financial ability of any of the activists in this field to compensate the damages is very limited or may even lead to irreparable damages such as environmental pollution that cannot be compensated by money alone and has negative side effects. Therefore, nowadays, the issue of obtaining marine insurance is very important and has legal and international requirements, regardless of the rational benefit and commercial needs. by investigation international conventions, it was determined that due to the importance of the issue and in order to reduce the risk marine activists, various types of marine vessels insurance, including protection and compensation insurance, hull and machinery, cargo, etc. were predicted and the principle of compulsory insurance at sea is mainly designed to ensure the payment of debts and compensation by vessel owners. Therefore, obtaining marine insurance coverage is not only a commercial need for maritime activists, but this issue has become a legally binding rule in the international relation. However, obtaining vessel insurance is not included in domestic law and the basis for action is only some of the multilateral international treaties to which the Iranian government has acceded.

Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been proven

Civil liability of the state in the matter of legislation, contrary to the executive and judicial acts, is still supposed to be far-fetched; while general legislative decisions might be faulty or mistaken and violate the principle of full compensation of citizens' damages. This article seeks to consider the theories and conditions upon which the liability of legislative bodies to compensate for harmful general decisions is admissible. Based on our findings, risk theory against fault theory could provide more legal protections in the civil liability of the lawmaker. According to the principle of equality to carry public burdens, we can defend the state's absolute liability, which is more efficient to access restorative justice and more compatible with the requirements of good governance. Civil liability does not necessarily indicate the illegality and invalidity of decisions; however, the illegality of decisions definitely proves the fault of public bodies. Implications of civil liability in the legislative and quasi-legislative acts include promoting self-control, preventing statutory inflation, and reducing unnecessary intervention of the state.

In addition to shaping the principle of cooperation, especially through joint agreements between the neighboring countries of the Caspian Sea, the precautionary principle as one of the important principles in protecting the environment of the Caspian Sea can be helpful. Relying on the precautionary principle and the best available scientific evidence, the environment of the Caspian Sea can be preserved and used rationally. Therefore, the question arises what are the obstacles to applying the precautionary principle in protecting the environment of the Caspian Sea? The present study has concluded with a descriptive-analytical method that this principle has a logic as a principle and the protection of the Caspian Sea environment within the framework of the precautionary principle and reasonable attention to the harmful effects of non-compliance with this principle, although it has an effective role in protecting this watershed, in practice, especially in politics and law, it is very vague and could not fulfill its promises, and due to different interpretations of the precautionary principle, and not penetrating into the domestic legislation of the Caspian littoral states, and the severity of the danger or even the existence of danger and costly application of this principle, as well as the lack of an effective monitoring mechanism and system of responsibility, has not been able to help its mission, which is to protect this water area, and therefore it will become the subject to different perceptions and powers of countries.

Endangerment as a criterion for those behaviours that can potentially and potentially threaten the health and safety of individuals in the future is a criterion that considers the behaviour worthy of attention regardless of the outcome. This criterion can provide a comprehensive model in describing (wrongdoing or criminalization) behaviours against health and safety, according to the basic philosophical principles in the principle of injury by referring to possible injuries and their classification. This article seeks to answer the fundamental question of how and by what approach can a significant number of immunosuppressive behaviours be envisioned as a criterion of risk in criminal law by explaining the income based on the description of the risk criterion. It seems that the Iranian legislature, by dividing the legal instances of risky behaviours, not only deviates from the goals of systematic description, i.e. social safety, but also pays attention to the need to separate instances of error from crime and systematic possible degrees of risk in regulations and adjust the position of criminal law in ensuring safety and preventing risky behaviours.

Securing cyberspace and ensuring its security against the risks that exist is one of the most important human challenges in today's societies. New laws need to be legislated and passed so as to enable legal solutions to come into existence to combat the potential and actual risks of cyberspace, giving rise to a safer and more secure space. In order to make this happen, nowadays insurance companies have started offering virtual insurance services related to cyberspace. With the advancement of blockchain technology, non-fungible tokens are becoming more and more valuable. Therefore, insurance for valuable products worth millions of dollars is essential. This article seeks to explain the strategies and methods for applying insurance to non-fungible tokens. In this article, we seek to investigate and evaluate the feasibility of insurance for non-fungible tokens inspired by similar examples employing analytical descriptive methods. As a general conclusion, it can be stated that the insurance of these products requires widespread popularity of these products, establishment of appropriate laws, creation of systematic platforms and creation of desire in insurance companies to insure non-fungible tokens.

A credit transaction as a way of buying and selling goods and services, in which the price is not paid in cash; contains several risks for the seller. The risks of non-payment and bankruptcy of the buyer are the most important ones that could endanger the liquidity cycle and even life of the seller. The weight of the risk depends on the amount of capital and deals of companies. So, SMEs may harm more. Credit insurance is a common way of credit risk management which does not commonly used by the SMEs, notwithstanding their fragility and requirement. In this article the ability and efficiency of credit insurance for management of credit risks of this enterprises is examined. The authors consider that credit insurance could be one of the best methods of management of the risk for SMEs

Given the ever-increasing application of Incoterms in international trade and the progressive tendency of traders in employing the aforementioned set of rules in international transactions, a comparative examination of the customer's obligations and duties in Incoterms and Iranian Law would be able to alleviate the inconsistences of the obligations of the parties to international transactions and hence prevent further disputes. As such, the purpose of this study was to offer solutions to Iranian traders in the international and domestic realm.
This research employs theoretical methods, that is, it employs descriptive-analytical methods and seeks out library archive, including books and articles, for data collection.
Ethical Considerations: In all stages of authoring the current study, principles of integrity and trustworthiness were observed, while the originality of the texts were maintained.
The duties and obligations of the customer are different in each published version of Incoterms, which are, both similar and different to Iranian law in different cases. Nevertheless, by the inclusion of terms addressing the possibility of agreement between the parties, the discrepancy between the Iranian Law and Incoterms can be alleviated.
The comparative analysis of Customer Commitment and Obligation on Risk Tolerance in Iran and International Commercial Terms (Incoterms) 2010 law indicate that Incoterms is rather focused on the handing-over of the object of sale, while the Iranian law, on the contrary, is focused on taking delivery of the object of sale, and therefore these two bodies of law are divergent in the aforementioned grounds.

Please Cite This Article As: Abadian Vash, K & Sheidaei Gorchin Qaleh, M (2021). “Customer Commitment and Obligation on Risk Tolerance in Iranian Law and International Commercial Terms (Incoterms) 2010: A Comparative Analysis”. Interdisciplinary Legal Research, 2 (2): 69-81.

When concluding a contract for a number of emerging transactions, such as purchasing in advance and goods production orders, the price of the goods is not clear and definite. While these contracts are not acceptable based on the Iranian legal system according to articles such as 190 and 338 of Civil Law. Therefore, this study with a descriptive-analytical approach has compared the nature of the condition of thaman (the amount paid by the buyer and received by the seller in commutative transactions such as sale and service) determination in the legal system of Iran and Egypt. In both legal systems, the need to determination of thaman is specified. In the Egyptian legal system, the capability of knowing thaman is one of the examples of its determination, but the criterion in the Iranian legal system is the realization of detailed knowledge of the thaman, except in indulgence contracts, such as a contracts of guarantee, gift, peace, etc., in which concise knowledge is sufficient. The present study, after examining the legal thoughts of Iran and its jurisprudential documents, has not accepted the necessity of thaman determination as an existence condition. The jurists have interpreted the meaning of the mentioned condition as non-existence, that is, the thaman of the transaction is not risky. However, the acceptance of the Egyptian legal system, that is, the capability of thaman determination is correct and legal when it is not risky. For this reason, the Iranian civil law in determining the thaman, such as Article 216 of Civil Law, is considered contrary to the above jurisprudential interpretation.

The main object of tort law is compensation of damages arising from unlawful acts. But we are facing some kind of acts that will obliges us to take proper actions without arising any damages. Technological development in spite of useful consequences, sometimes leading us to unknown risks and unbearable damages. Given old experiences of the humankind and with the help of the legal rules, lawyers trying to reduce the inadvertent effects of the damages and prevent the occurrence of these unforseeable and uncertain harms. One of the legal instruments constitute of bearing anticipative obligation to the operators. This obligation is based on the economic analysis of law. The main concern of this essay is considering the concept and its application in the Iranian legal system and comparative studying of the subject in the light of tort law. Consequently, the author believes that obligation is lawful in the risky situations.