نشریه آراء
سال سوم شماره 2 (تابستان 1399)

The subject of ownership and related legal rules is one of the oldest concepts of civil law. In order to regulate the rules of land ownership, the law on registration of estate emerged and brought on new concepts and requirements for the establishment and transfer of ownership. The enactment of Articles 22, 46 and 72 of the Registration of Deeds and Estate Act has created serious, legal dispute before courts and lawyers concerning the meaning and scope of these articles and the legal status of a normal contract involving the transfer of registered estate from the earliest years. Although, due to the importance of the subject, a lot of research has been done on the critique of existing practices and theories, but in this research, the author, with new attitude, tries to re-explain the existing disputes, and expresses his chosen theory with the help of philosophy law debates and based on the theory of balance between right and expediency.

The marriage contract is one of the contracts which has different effects. One of the effects of the marriage contract is creating the financial obligations in the couples’ relationship and also creating changes in the system of the assets ownership, the manner of managing and dividing them the marital time and at the end of the marriage. Since the system governing the Iranian law is the system for dividing of the couple assets , so the majority of women, because of the fact that they are busy in doing the housework, they deprived of having a separate income for themselves, with due regard to the men fact that men are obliged to obtain the family’s financial costs, so the wives are deprived of these rights out of the house.In this article it is cleared that Iranian Law and some of the countries have considered the dividing the assets in halves for the women to benefit the husband’s acquired assets during the period of marriage after the termination of the marriage while having the conditions. The position of the assets dividing in halves condition in Iranian Law has been considered as the stipulation in the marriage time which is executed in the judicial procedure after terminating the marriage, divorce occurrence and having the other conditions. But there isn’t a specified position for the couples’ assets dividing in halves British Law, and the courts are reluctant to execute them independently. Like Iranian Law, if it is considered as the stipulation, not only it will be executed in the judicial precedent, but also it will benefit of the special position. In British law, there isn’t assets dividing in halves condition independently, but as per the essence of maintenance and its different with Iranian law, it is said this foundation can prepare the wife supporting maintenance during divorce in the husband’s life time or after his death by predicting the continuous maintenance as the stipulation or the separate contract (opposite to Iranian Law) and also by creating the deposing maintenance. Such a foundation in British law, is considered as a similar foundation in Iranian law like the couples’ assets dividing in halves condition.

In all legal systems, the principle is based on personal criminal responsibility, which is also mentioned in Article 141 of the Islamic Penal Code. Examples of this principle are the personal nature of punishments. According to this principle, everyone is held responsible only for the behavior he has personally committed, and no one can be punished for the behavior of another. However, in some cases, such as Article 142 of the Islamic Penal Code, the legislator has deviated from this principle. Among these cases, we can mention the responsibility of the treasury in paying the ransom. Which is an example of responsibility arising from the act of another. In this regard, as well as on how to pay ransom for different types of crimes and conditions for paying ransom, different opinions have been expressed in Iranian jurisprudence and law. Also, different opinions have been expressed about the effects of paying ransom, such as the acquittal of individuals and the possibility of referring to the main officials by the treasury after discovering the fact or referring to the recipient of ransom. therfore judicial procedure can be useful.

In the present article, which seeks to express the nature of banknotes and their legal effects, the author has tried to study the legal jurisprudential status of money, which is associated with two approaches, one of which is the macro view of banknotes, which is based on The basis of this view is that money is not considered as an asset of any country and is merely a representative of goods and services. On the other hand, it is a micro-view that from this point of view money is an asset of every person and Imam Khomeini Attitude, in other words, as long as the banknote represents goods and services, it is not valuable in itself, but when it is presented independently of goods and services, it has value and nature, of course, being like or guardian is very effective in our definition because When banknotes of one unit are printed, for example, ten thousand rials and are not old, it can not be considered as a proverb, and if a long time has passed since it has changed, it is a guardian, so money when as a symbol of value of goods and services To compensate for the damage caused by it, the nominal amount alone should not be enough, because over time, usually the nominal amount It is fixed, but its support is reduced, so every person who receives the money must compensate for its support, not the nominal amount, which is provided for in the Code of Civil Procedure in the discussion of late payment damages.

Industrial property as part of intellectual property rights is a branch of trade law that studies the immaterial rights arising from trademarks, such as trade or industrial or service marks, trade names, symbols or trademarks, and the origin of goods. Creativity and innovation rights such as patents, end-use certificates and, finally, forms and drawings on issues of unlawful competition and abuse of industrial property rights. Today, industrial property, both domestically and internationally, is heavily supported by international trade requirements and the economic relations of countries. With the emergence of this type of ownership, new legal issues have arisen, and lawyers have faced various challenges. One of these challenges is civil liability for insurance violations of this type of ownership. However, given all the issues in this area, today, given the economic importance and high value of intellectual property on the one hand, and the fear of fear of damaging these properties or creating liability for businessmen and inventors on the other, necessity is a necessity. Having ways to compensate for the damage may have become increasingly apparent. There are ways to accomplish this, to address them. To see if there are any ways to compensate for violations of industrial property rights in the Iranian legal system or the general rules of civil liability. This is either the case or there are new rules in place.

Industrial and economical development increases tangible, intangible, and knowledge-based properties and their intellectual rights. In the past, tangible movable properties were of great value, but today most of the developed communities' wealth include person's shares, industrial possessions and designs, literal and artistic works, trademarks, software, business goodwill, and trade certificates and rights. The difference between intangible properties, and intellectual rights and other properties and also their importance raises some questions about the execution of verdicts about these properties such as confiscation and auction of properties. The process of the execution of court verdicts about intangible properties seems significant which will be discussed in this article.