نشریه دیدگاه های حقوق قضایی
پیاپی 89 (بهار 1399)

Public property and national lands constitute a large part of the assets of a country.ultimately benefits society.National Land Administration,through the transfer of land to the private sector.Given the fact that the domination and control of the state over national lands (which basically have no capability and transferability) ownership of property varies by property.Therefore,in order to understand the scope of this discretion and the legal status of the assignment of such land to individuals,it is necessary the legal bases of the right of the state to the general property and the principles and nature of the public ownership of the state, as well as the nature of the contracts for the assignment of national lands,should be examined in order to interpret such assignments from a legal point of view,it clarifies the rules and effects of these contracts.

IoT is a technology of interaction and communication between tools, whereby the embedded protocols and software on a hardware processor enable the communication of these tools with one another, the human agent and the assigned tasks. For software or protocol to be capable of being registered, it must have practical application and innovative properties relative to its species. Because of the nature and quality of the design of protocols and electronic software, the design of such cases for a smart instrument, although overlapping with similar variants, shall not be regarded as infringing the copyright of the original work. The mechanism for registering items stated in the US legal system is governed by two mechanisms: InterParts (request for registration of designated items if there are legal requirements) and Post-Grant (quality of claim processing and objections to designated items).

Insurance is an important economic institution which via risk sharing and mitigation brings growth and prosperity for the society. However, some factors might make the insurance to lose its efficiency and consequently the insurance market and economy would fail. The most important reasons for this failure include: adverse selection, reverse adverse selection, moral hazard and reverse moral hazard, all of which stem from dual information asymmetry before and after conclusion of contract. The law can play an important role in controlling these barriers of efficiency that this article has reasoned –with emphasis on Iranian law- that law-making could prevent market failure resulting from the above impediments.

The presumption of innocence as one of the fundamental principles and strategic Criminal Procedure requires to including the accused defense rights were ongoing before the final votes. This entails recognizing two degrees proceedings. A subject which were not respected to modify the Code of Criminal Procedure Act of 1392 on Criminal attached court order votes And  The ability to substantive appeal for these votes is not anticipated. The trial of the criminal court with the system of plurality of judges and the consideration of the appeal to the supreme court for the defendants of this court, in no way justifies the exclusion of the substantive appeal and  Does not guarantee the defendantchr('39')s defense rights  According to the Iranian legislator modeling in the current Criminal Procedure Legislation of France Criminal Procedure Code, comparative study of the Criminal Procedure Code France In Compliance with the principle of two degrees of votes Criminal Court that corresponding to the Criminal Court One Iran shows the legislative penal France in terms recognize the structures of substantive appeale votes and rights to defense, unlike the Iranian criminal law, to properly secure his defense rights.

Different aspects of sport sponsorship agreements relate them closely to Sport law, IP law, Advertising and Marketing Law and specially Contract law.
In one hand the role of such agreements in sports marketing development and providing appropriate contractual bases for maximum exploiting from athletes and sport association reputation and in the other hand, sponsors brand recognition in the shortest time, cannot be denied. Regarding the current approaches of leading legal systems, this paper is going to present a brief introduction on sponsorship agreements types, clarify the distinguished task of IPs and analyze particular aspects of their function, subject, domain, particular obligations of parties and important matter of conflict marketing. The results of research notify that in the absence of legal rules governing on such agreements in Iranian law and with regard to increasing privatization activities in sport sphere, we will have serious challenges in confronting with particular issues of sport sponsorship agreements that it requires taking appropriate measures and solutions of other legal systems in regulating such new contracts.

Criminal procedure is an obvious area for conflict of public interest and individual rights and as being codified for securing public interest, it advocates individual rights. In three main areas of criminal process, institutions and the regulations governing them are formed under the effect of the concept of public interest. Regulations like competencies and dictums on criminal securement, institutions like public prosecutor’s office and the models of criminal process are justified based on this concept. On the opposite side, it guarantees some of procedural and substantive rights like the right to be supposed innocent (acquittance principle), the right to be heard and take action freely and privacy. Surveying illustratively competing of individual rights with public interest, this paper claims that Iranian lawmaker in new law on criminal procedure, in the position of resolving this competing takes a big step to safeguarding basic citizenship rights and recognizing public interest in safeguarding individual rights not limiting it.

Establishing a balance between the parties to the contract has always been one of the main concerns of the legal system. Today, due to the complexity of the contracts and the dramatic change in the bargaining power of the parties to the contract, the need for revision of some contracts has been addressed by the doctrine and judicial procedure, and one of its examples is the rule of interpretation against the author. This rule, by which the ambiguities of the contract will be interpreted against the author of it, is one of the effects of the implementation of distributive justice in contracts, which is applicable at the stage of the interpretation of the contract. The main challenge of this paper is to examine the functioning of the rule of interpretation against the author in the realization of distributive justice. At the end of this article, it will be determined that this rule has a moderating role in all extensions, unilateral, standard and other contracts. The existence of the authoritative control power over the contract, the diminished ambiguity in the text of the contract, and the possibility of administering justice are the most important principles for implementing this rule.

Criminal sociology studies show "Equality before the law" principle that is affected by extra-legal factors, has not been realized in practice. Factors such as gender, race, religion, social class make Wrong beliefs in the mind of criminal justicechr('39') actors. These wrong attitudes can be the basis of decision making in the process of criminal justice and effect on the criminal situation of defendants and convictions. The poor because of low income, cover type, style and site residence, employment status and type of dialect and behaviour are in the subject of such stereotypes. This research by adoption a qualitative method and using the instruments such as analyzing criminal records and interviewing with a number of police officers and judges in the judicial district of Kashan, assessments the influence of stereotypes on poor offenders. The findings of this research show that living in poor areas, special cover type and employment of some professions cause negative thinking for police officers and judges and penal punitiveness in general.

All property is in danger, whether it is material or spiritual. In this context, it should be noted that apart from traditional ways to protect these assets, such as physical protection, resorting to law, etc., there is also a roughly new solution, which is the insurance industry.According to available statistics, damages to individualschr('39') intellectual property rights, such as inventions that have disappeared, or industrial designs that have been rendered ineffective for some time, have recently increased exponentially in our country and have led to irreversible losses to the economy. National has arrived. This is where the importance of industrial property insurance and its fundamental application in strengthening the resistance front and the development and growth of a resilient economy are taken. There are, of course, obstacles in this way. Information asymmetry can be considered as one of these important barriers to industrial property insurance, which indicates the difference in information that is available to the parties to the contract.
In this paper, we examine the effect of asymmetry information on industrial property insurance, which is one of the most important issues of our country in the realization of economic development.

The principle of Audible the claims is one of the principles governing claims law. According to the principle that is foreseen  in both of  jurisprudence and Iranian law (albeit indirectly), The court Should not pay attention  to objections and Minor defects that they Can be restored And as a result, the claim goes on to move in the nature of the claim (season of hostility or discovery of the truth).  According to the jurisprudential reasons, the hearing of the claims is obligatory And a judge is employed to hear claims to aim of prevention Violation of right. Therefore, the judge moves the dispute to an audible level by interpreting the claims and inviting the petitioner to explain it. In Iranian law, even though this principle has not been explicitly mentioned in the rules of procedure but with the consideration of Article 167, 159 and 34 of the Constitution code and Article 3 of the Civil Procedure Code, this principle can be accepted. In fact, the legislator by stating that the court must take action against the season of hostility, in line of the mandatory of the mandatory introduction has ruled requirement to hear the case implicitly.

This discourse with the jurisprudence philosophical and theological principles claims that what can be explained by the dynamics of jurisprudence, the explanation of the termination of the prophetic prophecy, is more precisely considered at the origins and presentation of jurisprudence in a system that is effective with the privilege of internal consistency by using the method of ijtihad Responding to the questions and needs of contemporary humans. In this regard, we will prove two things. First of all, from the context of the foundations and goals that we call school, it is possible to infer some general rules and principles. Second, based on the foundations and rules of the author and using The ijtih method came up with legal and legal propositions; Many will lead. The systems that are objective objectives of the foundations and goals will flow in the fields of economics, politics, law, etc. In the following, based on the meaningfulness and cognition of the concepts of jurisprudence, the theory of coherence will be fixed as an important feature of a legal system. The systematic approach of jurisprudential propositions, while evaluating inefficient jurisprudence based on secular thought, provides for the effective and maximum presence of the jurisprudence of the Ahlul-Bayt (as) in social terms.

The right to detain the suspects and accused is one of the most important given to the judicial authorities to fight crimes. The process of the penal proceeding may result in the aquital or non-prosecution of the accused. Therefore, the moral and fair trial requires compensation of the damages resulted from unreasonable detention by the government. The Criminal Procedure Law approved in 1392 has recognized the responsibility of the government against the damages resulted from unreasonable detention due to the mistake made by the judge or other persons. The said law has predicted a particular procedure in this respect. The China lawmaker has also recognized the State Compensation Lawin 1994. Despite some differences in the method applied for compensation of the damages, the two legal systems have some similarities such as the possibility of compensation when the order of non-prosecution or innocence is issued. Moreover, the governments of the two countries are also fully responsible for compensation and can refer to the main faulty only upon compensation of the damages. This article tries to analyze the history of compensation as well as the substantial and general conditions upon which the unreasonable detention shall be compensated in the two penal systems.

Although the immunity of the officials to international courts is not in doubt and the founding and procedural documents of these courts confirm the non-immunity of the heads of state and officials, referring the immunity of these officials to the domestic courts has always been the subject of debate. In particular, with the domination of human rights discourse in recent decades and the need to prosecute perpetrators of international crimes, regardless of their position and the need for the implementation of criminal justice and the fight against impunity for all defendants, has added to the scientific debates on this subject. The domestic courts of some countries, by accepting these arguments, began to prosecute the officials of other countries, which highlights the need to explain various aspects of the subject in light of the recent developments in international law. The United Nations Commission of International Law, in compliance with its task of codification and developing international law, intended to put the issue of criminal immunity of officials by the domestic courts in his agenda. So far, six articles of draft have been approved preliminary and article 7 about exceptions of such immunity is under consideration.

The option of condition in the public and Imamieh religions is carried out by the jurisprudents and the basis of their opinions is consensus and tradition. Concerning period of time in option of condition, the Shafichr('39')i and Hanafi religions believe that the option of condition is allowed for up to 3 days and less, and it voided the contract for more than 3 days, and the option of condition is not allowed in Shafichr('39')ichr('39')s religion, which is unknown, absolute and permanent, but in Hanafichr('39')s religion on a permanent Or absolute option of condition if it is located within 3 days after the contract is corrected. The Hanbali and Maliki religions believe that the option of condition is not limited to the limit, but the amount should be clear if the length of the option of condition is not in Hanbalichr('39')s contract, but in Malikichr('39')s religion, the duration of the option of condition is The attention to the need, habit, and kindness is different, and can be determined by the ruler. In the Imamiya religion, the cucumber is not a condition but the term must be determined and there are 4 comments regarding the absence of the term (void the condition and the contract, the nullity of the condition and the authenticity of the contract, the correctness of the contract and the cancellation of the condition for 3 days, the correctness of the contract and the deadline In Iranchr('39')s law, the option of condition is determined by mutual agreement, otherwise the clause of Article 401 of the Civil Code is void of option of condition and the contract is invalid. The judicial procedure of the courts of Iran regarding one of the option of condition means that the condition for cancellation or termination of the transaction is not a single procedure. Some consider the invalidation of the condition and the contract, some emphasize on the invalidity of the contract and the validity of the contract, as well as on the validity of the contract and the determination of the customary period, as well as the number They believe that the condition is not a condition of cucumber, but a kind of damage estimation and also to consolidate the deal.