نشریه تعالی حقوق
سال دهم شماره 5 (پاییز 1398)

Fairness in law is the full and complete granting the right for every rightful and lacking any shortcoming and weakness in granting of individual rights. In Islam, however, the importance of justice in law has been emphasized and the purpose of sending divine prophets has been introduced as performing of justice. In other words, the justice is the spirit of Islamic law. So our question in this article is, can the principle of fairness be invoked in the performance warranties for breach of contract? Our hypothesis, which can be concluded as the general conclusion of this article, is that the acceptance of the rule of justice as a documentary and source of judgment in the performance warranties for breach of contract, although it is accepted in some international law and arbitrations, but in Iranian law, the rule of justice cannot be cited as a source of judgment, although this rule can be applied to the interpretation and application of the provisions of the law to the circumstances of the litigation.

The aim of this study is the study of the convicts after applying the original penalties and the beginning of penalties for Social exclusion and ignoring the principle dignity of criminals by his community and his friends because of applying the penalty.In fact,a criminal is experiencing negative consequences of social components by having a negative background. In the perspicuous religion of Islam, retaliation and discretionary punishments are not about to violate humanity’s dignity but instead,it purifies the criminal from contaminations of crime,and it provides the grounds for his return to the community But the Social punishments that have been mentioned in the Islamic Penal Code, include the exclusion of the criminal from their natural rights within the framework of Subsidiary punishments(subordinate and supplemental punishments)and has been a threat to the underlying inherent dignity, and basic actions of comfort,welfare and minimal principle of dignity of the offender is exposed to Social punishments,and Bard explains this theory by citing reason.Considering the nature and purpose of the issue,the research method is the gathering information in the library–documentary method and its of the descriptive–analytical method kid.

The advent of information technology has changed many of the rules and regulations that govern their business relationships, and has created numerous, complex, and often new legal issues regarding the lack of a clear domain in cyberspace. In proportion to this metamorphosis, the realm of dispute resolution in cyberspace has also been affected, and the rules of the arbitral tribunal have also changed, challenging us to place communication servers in a location other than The physical location of the parties and the arbitrators in the light of what parameters the international conventions and laws of electronic arbitration follow in identifying the amount of arbitration. However, the complexity of the scope of legal authority is an obstacle to establishing an international body to legislate to resolve disputes online. However, in this article, we have come to the conclusion that the need to formulate international laws and conventions regarding the resolution of electronic disputes by UNCITRAL and the accession of countries can provide a suitable and safe environment in electronic proceedings.

The cost of civil litigation is required to be paid by the claimant, the method of payment of which is determined by law. Notwithstanding the provision of such a requirement in Iranian law, such as Article 529 of the Code of Civil Procedure, Some Public Non-Governmental Organizations institutions such as Imam Khomeini Relief Committee under Section One of the Law on the Use of Certain Devices in the Judicial Authorities of 1995, exempt from payment of civil litigation. Given the many differences of opinion regarding the creation of such exemptions in this study, we try to answer this question by descriptive-analytical method; What are the ambiguities regarding the exemption of the Relief Committee as a part of public non-governmental organizations from paying court fees in the Iranian legislative system? The findings of this study indicate that in the Iranian legislative system, any proceedings require the payment of costs. However, it can be acknowledged that the creation of some legal gaps, such as the lack of a clear demarcation line between non-governmental organizations and institutions that are part of the government, has led to ambiguities regarding the inclusion or non-inclusion of relevant laws on these institutions.

According to most US jurists, the right of publicity is the inherent right of every human to control the commercial exploitation of his or her own identity. This research applying a descriptive, analytical, and comparative method seeks to examine the foundations of this right in the law of the US and Iran. The results of the study indicate that the labor and incentive theories, among the foundations discussed, have attracted widespread attention of the US thinkers. despite all criticisms, the recognition proponents of this right have been able to overcome the opponents, and convince state legislatures to enact protection laws, so that more than half of the states have so far recognized this right by law, Common law, or both. Also, in Iran, the grounds for recognizing the right can be provided by rules such as the need to respect the property and labor of others, the prohibition of detriment to others and the dominion over property.

As a vulnerable person, children always deserve special protection from the legal system in the face of damage to their physical or mental body. One of the conceivable losses to children, which has countless and often long-lasting consequences in their lives, is Spiritual damage. Following the identification of instances of Spiritual damage to the child and the necessary support based on a comparative study between English and Iran law, this article deals with the consequences of harm and protectionist solutions in the two legal systems to determine the extent of compensation for Spiritual damage to children. Check. Research shows that there is no independent discussion of this issue in English and Iran law. Hence, there are scattered examples of moral damages that have considerable variety and for example can be Spiritual damages as a result of parental loss, Wrongful birth, deprivation of the right to education, child marriage, Posttraumatic Stress Disorder and… pointed out; In both cases, independent spiritual damages and spiritual damages as a result of bodily injury, while expressing the conditions of compensable spiritual damages in English and Iran law, are analyzed.