فصلنامه پژوهش های حقوق تطبیقی عدل و انصاف
پیاپی 8 (بهار 1399)

in the Iranian legal system, the registration of a trademark gives rise to the exclusive use of the owner. The registered mark is also legally protected from the time of filing the declaration. Therefore, one of the rights created by the registration of a trademark is that the owner enjoys the legal protections provided for it. The scope of a trademark owner's right to prohibit the use of others applies to cases where the new mark is the same as or similar to the previous mark. Of course, it should be noted that in this case the above mark must be registered. If it is not registered, the owner or claimant must also apply for registration during the protest.

insurance as a broad industry that is important from various tools and mechanisms to create peace of mind. This industry can never be successful without considering the laws related to it, in other words, insurance laws are a factor in the trust of the people and Companies are attracted to it, and it encourages them to invest in the insurance industry. On the other hand, Islamic laws, which have been enacted for the welfare and mental and physical security of Muslims, have common aspects with insurance in many aspects and dimensions, so that by studying the rules of jurisprudence, guarantee contract, we will realize that many The jurists agree with insurance and its types in most cases. Although there are some jurisprudential rules, which oppose some of its types, but in the collection, jurisprudential laws can be considered as effective elements in regulating insurance legal laws. The present study has discussed the issue of insurance contract in the Iranian legal system and Islamic jurisprudence in a descriptive-analytical method. Because the existence of Article 44 of the Constitution and the legislator's insistence on the use of insurance and its benefits, has caused the legislator to take fundamental and safe steps in this area by enacting laws that happen to be based on Islamic jurisprudence. This indicates that the Iranian legal system gives special credit to the insurance industry and the resulting contracts.

The moral rule stating that no one should receive money or other properties at the expense of another and without a legal cause in the spirits of many legal and jurisprudential principles. This study aimed to demonstrate the commitment that the vindication of an independent source is considered illegitimate or not, deals with the Iranian and French law, French civil law is silent on identifying the source commitment .Iran's civil law section 'requirements can be achieved without a contract, "a statement of commitment to the vindication of adultery as an independent source of not only some evidences of it has sufficed; However, the Civil Code of toys liability coercive predicted to be based on the vindication of illegitimate sources of commitment is, but it seems still legal gap in this area because toys liability of force alone can not all instances of diversified holding to illegitimate to contain. Hence, according to the principles of domestic law and in particular with reference to the principle of the sanctity of eating void in Islamic jurisprudence, it is possible to provide a theory of new in order to prevent the acquisition of wealth, unjust conditions and effects on the basis explained .