نشریه حقوق و مطالعات نوین
پیاپی 1 (زمستان 1399)

Despite the ban on child labor in the Convention on the Rights of the Child, unfortunately we are still seeing an increase in the number of children who turn to the workplace due to family hardship and poverty. Until recently, child laborers were children who made a living on the street by selling goods or collecting garbage. Today, these working children are referred to as traditional child laborers. But with the easy access of people to social networks, another type of working child emerged called the modern working child, children who differ only in appearance from the traditional working child, and whose elements of worker and employer and incentive to earn money are still present. Although in our country, different laws have been passed in the field of child labor, and Article 1 of the Law on the Protection of Children and Adolescents extensively mentions cases of child abuse, but little attention is paid to this social problem. Therefore, the domestic legislator can stand against the invasion of the child's privacy by amending the laws and criminalizing the employers of children and adequate supervision of the family institution and cyberspace. In the Convention on the Rights of the Child, the drafters have left the determination of the minimum age of child labor to the domestic law of countries, and this opens the way for the exercise of taste in the development of child rights and labor rights in the domestic laws of countries. As a result, it can be said that the Convention on the Rights of the Child is not successful due to the lack of a clear framework and needs to be amended.

Among the various branches of science in today's societies, one can not find a science that has no historical dependence and does not need to study the history of that science. The history of jurisprudence and the subjects covered by it are no exception; And obviously a better understanding of the issues raised in the field of each science requires increasing awareness of them from the past to the present. Because fixing any mistake or shortcoming in the field of any science requires the use of historical experiences. As a result, achieving this goal and increasing the efficiency of any of the modern sciences can not be achieved simply by studying the history of that science. Therefore, in the present article, a selection of the historical background of animal rights, which is one of the current issues in the field of law and one of the current challenges facing legal systems - especially in Iran - will be studied. In this regard, we will study the history of animal rights in ancient and Islamic thought, along with examples of historical backgrounds of the debate in Iran and some other cultures, as well as in the form of verses, hadiths and narrations.

The principle of sovereignty of the will of the parties in concluding contracts, especially commercial contracts, makes it easier and freer for the parties to determine the form of the contract, its content and effects. Of course, the need to defend and protect public interests and justice has necessitated the establishment of rules restricting the absolute freedom of will of the parties. Competition rights and the prevention of monopolies and discrimination, rights governing annex and collective agreements, rights governing the observance of public order and interests, and good morals, and legal rules of supervision and protection and organization are some of these restrictive rules. Now, with such a background in law, we are faced with a phenomenon called concluding commercial contracts via the Internet and electronically. In order to achieve an accurate scientific method in this research, using legal principles in the division of electronic contracts, the time and place of concluding the contract and the place of execution and determining the judicial jurisdiction of the mentioned contracts have been determined and the result has been achieved by applying and identifying restrictive regulations. The will of the interlocutors is taken into account; Which will help to regulate the legal relations of the emerging phenomenon of electronic commercial contracts in the country and to establish justice and public order. What is discussed here are the limitations and exceptions created by the legal provisions on the rule of will in commercial contracts, which are concluded electronically via the Internet.

The privacy of individuals, which is the privacy that is expected to be respected by law and order and to be protected from the intrusion of other individuals, is enshrined in Article 16 of the Convention on the Rights of the Child.This article has two groups of people;Prohibits parents and strangers from interfering with the child's privacy by stating that it is not possible to interfere arbitrarily or illegally. There is no specific definition of privacy in the domestic law of our country and the constitution only mentions some examples of it and in the approvals of children's rights,The legislature has considered instances of children's privacy only where a legal element is involved, and has not set any limits on the extent to which parents's influence in this space.Some people believe that giving privacy to children makes it difficult for them to be educated. In response, we can refer to the word "protection of the best interests" of the child under Article 3 and place education in the category of "higher interests of the child".As a result, where a child's privacy is at odds with his or her upbringing, upbringing is preferred and it is not necessary to observe the privacy of the manager and it is possible to enter this environment without legal prohibition. By providing a comprehensive definition of children's privacy and criminalizing those who violate it, the legislature can even stand up to the obvious attacks that occur because of the disappearance of this personal framework.

The administration of justice is the ultimate goal of any trial, and a fair trial is one of the most important indicators for measuring the social and judicial development of any society. The principle of impartiality of the judge is one of the important principles of the trial, especially civil proceedings. The principle of the impartiality of the judge means that, firstly, the judges must perform their duties without any political, legal, religious or other bias, and secondly, the judicial process must be reasoned, documented and within the framework of the applicable laws. This principle has philosophical principles such as guaranteeing and securing the natural rights of individuals and guaranteeing the sovereignty of their will; And socially guarantees the credibility of justice and order and security in society. The criterion for evaluating the principle of impartiality of the judge is the subjective-objective criterion. This principle interacts with other principles of procedure such as the principle of independence and proportionality, etc. in order to achieve a fair trial. The rules related to the formation of courts in French law, including the rules related to the principle of independence, the principle of neutrality, the principle of correspondence, etc., are such that if they are strictly observed, the principle of impartiality of the judge will be observed. In the following article, we examine the relationship between the principle of impartiality of a judge and some principles of civil procedure in the French legal system.

Due to the prevalence of some special acts and violations in society, the legislator has used the executive guarantee as nationalization and confiscation of property to punish and punish the relevant persons. Since the main purpose of these acts is to make more profit, it is very useful to anticipate financial penalties, especially nationalization and confiscation of property along with other penalties; Of course, the legislator has not been unaware of this. There are different types of property confiscation in Iranian law. Permanent and temporary and general and special confiscation constitute different types of confiscation. In Iranian law, what is called permanent confiscation of property is essentially confiscation of property. A review of some of the governing laws in this regard will be considered in this article. Also, examining the status of confiscated and confiscated property after confiscation and confiscation is one of the points that have been considered in this article. This research, which has been done by descriptive-analytical method, shows that man has the right of ownership over his property, property and assets, and the religion of Islam has emphasized it, but this does not mean his absolute ownership, but according to the conditions and In the public interest, this right is sometimes revoked or restricted.