جستجوی مقالات مرتبط با کلیدواژه « مالکیت » در نشریات گروه « پزشکی »

 Clarifying the effect of registration on Estate ownership based on current necessities and legal capacities, in addition to a theoretical approach, has special importance in guiding policymakers and preparing legal and executive mechanisms. In this study, taking into account the role of estate registration and the importance of its effect in realizing or proving ownership, especially from the perspective of providing the components of public ethics and judicial health, the approach of the two legal systems of Iran and England was investigated.

 The current research has been carried out by descriptive-analytical method and using library (documentary) resources.

Ethical Considerations: 

In writing this article, the principles of ethics in research, especially trustworthiness in citing texts and preserving the originality of the article, have been considered.

 Estates registration can provide the goals of registration laws in the fields of security, justice and judicial health if it has a creative effect (ascertaining) in the realization of ownership. This is clearly foreseen in English law and can be deduced from the registration regulations in Iranian law.

 In English law, while using the effective and transparent method of electronic registration along with the adoption of a hybrid creation system, property registration and the inclusion of names of persons will lead to the transfer of ownership rights of estate and the possibility of legal possessions in the property. In Iranian law, various interpretations of registration regulations and reference to other laws have caused various theories and approaches, but considering the aims of the registration legislator and the necessities of property registration in the fields of public ethics and judicial health, there should be a causing effect for registration and registration procedures of estates.

A contract of sale is the most common and important ownership contract by which the seller transfers the money to the buyer in return. Today, the contract of sale is used both in the domestic law of countries and in different societies and as a tool for trade. The expansion of the means of communication and the transportation industry has made the importance of the contract of sale more and more important. For this reason, the study of the ethical conditions of the contract of sale has been selected as the main purpose of the present study in order to examine the approach of the said contract in various areas of transfer, risk, guarantee of the parties, etc.

According to the approach of the present study, the descriptive-analytical method has been selected as the research method and information has been collected through documentary and library methods.

Satisfaction of the contract of sale is a moral and accepted principle between the parties, which is considered both in the domestic law of countries and in international and commercial laws and regulations; in a sale contract, as soon as the sale is realized, the buyer becomes the seller and the seller becomes the owner of the price. The principle of obligation as another moral principle in the contract of sale is that each of them, in exchange for legal life and influence from the other. Therefore, if one of the two is lost, it is released from the obligation, so the loss of the seller is imposed on the seller as a result of a coercive accident. Also, the existence and validity of the price is the basic principle and moral condition for the realization of the contract.

Transaction and commitment in the contract of sale due to the accompaniment of will and action, the existence of price and transfer of risk and ownership to the buyer has ethical aspects that in the absence of these conditions, is considered a formal transaction. By proposing "Delivery" as a turning point in legal systems that use a "conceptual approach" to sales and related issues, it has taken a step forward in which ownership and risk will both be transferred by Delivery. The above argument can be used to support the theory of risk transfer at the same time as Delivery and lead to the improvement of domestic and international transactions. From both a legal and a moral point of view, the acceptance of risk transfer, satisfaction and commitment of the parties can be considered as effective principles in benefiting from the contract of sale.

The term ownership means a credit and rational relationship that exists between a natural or legal person and a material or spiritual object. According to the ownership of legal titles, the ownership of the Imam means the ownership of the position of Imamate and leadership and ownership for the title of Imamate, and after the death of the Imam is not inherited to the heirs but is transferred to the next Imam. Article 3 of the Endowment Law recognizes the owner of the endowment property as having legal personality. According to this article, the endowment of the Razavi shrine has a legal personality and Hazrat Reza PBUH is a legal person because he has the position of Imamate and guardianship over the people from God Almighty and this is one of the greatest rights. Therefore, according to this article, Hazrat Reza PBUH is known as the owner of the shrine, and since every legal person needs a manager and representative to do his work, the representative of the endowment is its trustee and performs the work of the endowment, and this trustee is the only administrator Is and can not have the title of owner and the ownership of movable and immovable property that exists in the holy shrines, with the title of endowment of the shrine and the validity of dhimma for these titles has a rational possibility and is proven for two reasons.

In view of the advances that have taken place in medical science and due to the dynamic jurisprudence of the Imams, the right to property has been accepted and Article 75 of the Charter of Citizenship Rights respects the right of property of citizens. Manchr('39')s relationship with his organs is one of the new topics and due to the lack of explicit legal text on the sale of organs, is considered and sometimes disputed by jurists and jurists, donating and buying and selling human organs, whether during life Natural or in plant life is one of the important issues that has solved many problems in the field of medicine and organ transplantation and has given life again to those who receive the transplanted organ, so the person who transplanted this organ that owns the property There has been another, if a deal is made it seems that the deal is flawless, especially when the person has a vital plant and has suffered brain death, which is more noticeable. In order to comment on the property of the organs of the human body, one must know its origin and the discussion of whether the organs of the body belong or not. In fact, according to lexicologists, property has a customary meaning and means desire and property. According to jurists, property is anything that can be traded and has an economic value of exchange. The jurists have declared customary interest in things as the only condition for the taxation of things, and also have used the word desire and desire in relation to benefit, so they have declared the existence of desire and desire of people for goods as a condition of goods tax. Article 8 of the Law on Medicine and Arbitration And foodstuffs and the bylaws of this law, the purchase and sale of blood, which is one of the bodily products, has been authorized, which according to Article 75 of the Charter of Citizenship Rights, this right is also respected by the legislator. 8 recognized. Considering that all the necessary characteristics of a mystic property are present in each of the organs of the human body, the legislator has also determined a ransom for the loss of organs and in a special case has authorized its sale, so it can be said that each organ of the human body is a mystic. Legally and religiously, is among the property, but it is the most valuable property in the world, and all the effects and rulings of property are valid on them, unless the sharia and law explicitly state their non-taxation and the lack of flow of rulings and effects of property exchanges Express about members. This descriptive-analytical article has been prepared and compiled by the library method.

Technology transfer is a process used to benefit from the scientific experiences of countries in development. The purpose of this study was to investigate the legitimacy of the lease contract in the process of technology transfer from the perspective of Islamic ethics.

This qualitative study was conducted using an analytical approach and using published texts, books and articles. After examining the legitimacy of the lease contract in the technology transfer process, its alignment with Islamic ethics was examined and analyzed.

The contract of hiring of individuals enjoys legal and Jurisprudence validity and legitimacy in Iranian and Islamic law. Legally, in the process of technology transfer, companies and foreign countries are recognized by the technology owner and its transferee as contractors who in the process of transfer do not own any of the manufacturing sectors and receive only wages for their activities, services and consultants. Economically, these causes benefit from both the benefits of technology and the protection of its ownership.

From the point of view of Islamic ethics, the lease agreement has considerable legitimacy for the technology transfer process, which demonstrates the compatibility of the law with Islamic jurisprudence and ethics; it can be a guarantee for the development of the country in the light of technology transfer. Keywords

One of the emerging issues in medical science is organ transplantation. One of the important types of organ transplantation is transplantation from the living person to another. The aim of this study was to investigate the expediency and legitimacy of the organ’s dealing and transplantation from the perspective of the Qur'an and hadith.

Certainly, no jurist permits organ transplantation if it exposes the donor to destruction however, the donor is satisfied and organ transplantation is also essential for preserve the life of the receptor. Many jurists have permitted the transplantation either based on verbal reasons and the first sentence or the rule of contention and the second sentence. Assuming the license issuance, jurists disagree which the contract of sale can be used for organ transplantation, but according to a valid fatwa that permits the sale of the dead, it is also possible to issue the accuracy of the organs sale contract and transfer of organs to another. Because custom refers to the ownership right for the amputated member and there is no irreparable problem in the credit of ownership right of human body organs. Assuming that there is any doubt in ownership of the member or the ownership of the person towards the amputated member, transfer of priority or allocation rights in the form of peace or article 10 of the civil code can be effective. Free or exchange permission is another template, which regardless of the issue of ownership transfer or the allocation right, receiving a member from another person and paing for it makes it justified.

The Law of the Intellectual Property is one of the types of property rights that are related to the protection and use of human intellectual creations. Given the proliferation of communications, opportunities and threats posed by cyberspace, it is important to examine the legal approaches to cyber threats in the field of intellectual property, which is addressed in this study.

The present research method is descriptive-analytical of applied type and has been done by using the legal rules of intellectual property in the field of cyberspace and library resources.

Ethical considerations:

 In organizing this research, while observing the originality of the texts, honesty and trustworthiness have been observed.

International conventions and treaties, although known as general approaches and even roadmaps for dealing with cyber threats, do not specifically address the problems of other societies in protecting intellectual property. For this reason, promoting a culture of using cyberspace, determining punishment commensurate with infringement of intellectual property, criminalizing cyber threats, and establishing codified laws to recognize intellectual property as legal elements are essential to protecting intellectual property.

Intellectual property, unlike material property, has more hidden and informal aspects. For this reason, existing intellectual property protection laws are often incomplete or lacking in cyberspace. It seems that we need a coherent and accepted approach in international law by the countries of the world. In domestic law, we also need an intellectual property institution under existing laws. In addition, intellectual property and related laws, including copyright laws, the publication of content in cyberspace, and the use of the Internet, require more stringent approaches that take into account both international law and law. Treat intellectual property as industrial property.

One of issues, rising according to the development of medical science which has significant legal effects is the transplantation of organs. One of its major sorts is transplantation from a living person to another. The allowance of such a procedure by the legislator is doubtful. Iranian law contains only legislations about the taking organs from the cadavers. According to principle 167 of Iranian constitution, to resolve such problems is possible by referring to valid Islamic jurisprudence and known fatwas. No jurist allows the transplantation in the case of harming the health of the donor, however he would be willing to do so and the life of the receiver depends on the operation. Unless this very case, the Islamic jurists allow transplantation of organs. In the case of allowance, the contract in between is not to say absolutely a sale contract although according to the allowance of the sale of the cadaver, it is possible to allow the sale of cut organs also, since the cut organ is a property. Even if the sale of organs hit an ethical or religious obstacle, the transmission of the right of priority or an indefinite contract according to article 10 of the civil code could be used for this matter.