نشریه حقوق و مطالعات نوین
سال دوم شماره 1 (پیاپی 2، بهار 1400)

The increasing advancement of legal knowledge has necessitated the presentation of the results of research and legal research for the use of researchers and enthusiasts. In this regard, law journals have played an important role in the process of registration, publication and promotion of this research and also creating a suitable platform for the development of communication between legal researchers. The scientific journal "Law and New Studies" has started its activities in 1399 in accordance with the needs and requirements of the time, and after that, with the help of God, it will continue its life with the aim of completing its scientific and cultural mission. The purpose of this journal is to reflect the scientific achievements of intellectuals and researchers across the country in various fields of jurisprudence and related interdisciplinary topics. This journal hopes to provide scientific achievements to those interested in the subject of research and to index them in the reputable scientific databases of the country by its activity and by receiving articles and regular publication as a quarterly. The publication of the journal "Law and New Studies" was approved at the meeting of the Press Supervisory Board on October 5, 2016, and the Ministry of Culture and Islamic Guidance (Deputy Minister of Press and Information) issued a license to publish the journal under registration number 87019 on October 5, 2016. Issued in 1399, the authenticity of the license and the accuracy of the information contained in it can be verified by referring to the comprehensive media system of the country (e-rasaneh.ir) or sending the license registration number to the SMS number 500020202 (Deputy Minister of Press Affairs) Is. Now that this opportunity has been obtained thanks to the blessings of God Almighty and relying on the strength of youth, we must rely on God and our scientific belief, and thanks to the efforts of all those who have played a small role in publishing the magazine, by gaining knowledge and experience. , Strive to strengthen and strengthen the content of the magazine and strive to increase its quality and credibility. The scientific journal "Law and Modern Studies" based on formal and content studies, in Persian and with research, extension, translation, case analysis and report approaches, reviews and specialized and technical notes with the quality of the article. We hereby ask all the esteemed activists in the field of law and all those interested to help us in improving the quality and quantity of our magazine by sending their weighty works and articles.

The rule of non-retention of criminal law has a special place in the legal system of the Islamic Republic of Iran as one of the indisputable principles of criminal law, to the extent that it is explicitly accepted in Article 169 of the Constitution. In this regard, the legislator in Article 10 of the Islamic Penal Code adopted in 1392, while explaining this rule, has stated its exceptions, including interpretation in favor of the accused in circumstances where the new law is more favorable in some ways, has committed a crime. And ordinary Iran, the Attorney General in order to interpret the resolution dated 26/11/98 by issuing directives that are contrary to the rule of interpretation in favor of the accused, instructed the judicial authorities in calculating the fine to execute the fines that their execution Before the new approval, the Cabinet of Ministers has started to calculate and calculate the date of approval of the said approval for each day of detention equal to four hundred thousand Rials and since its approval equal to one million Rials per day and night. This form of judicial-executive procedure in the case of fines that began before the approval of the Cabinet passed by stating the need to impose a deduction of four hundred thousand rials per day of detention is clearly contrary to the rule of interpretation in favor of the accused and contrary to the discourse of justice.

The guarantee arising from the non-act is usually borne by persons who, because they are strategicing another activity, have the best opportunity to anticipate the damages resulting from such an activity and to cover it with insurance. For this reason, in this area of ​​liability, the usual terms of the guarantee have been adjusted. Under French law until 1991, civil liability for a non-exceptional act was considered, and Article 1384 of the French Civil Code was interpreted in an exceptional and limited manner for some instances of liability for a non-exceptional act. From that year onwards, with the interpretation of the Court, the exception became the rule. Contrary to criminal law, in civil liability we sometimes see that the person responsible is compensated for damages that he himself did not interfere in creating. Such a responsibility for the innocent is against the principle, so in each case the question arises why one should be held responsible for the mistakes of others? The exact answer to this question must be given in each case separately, but in short it can be said that these two interests are the basis of a person's responsibility for the actions of others: Not left. The legislature only holds those responsible in any way involved in causing the damage. The group's joint and several liability for the victim reduces the risk of his or her rights being violated. Such as the joint and several liability of the usurper with someone who has lost another's property. 2- In order for a person to feel responsible for the behavior of those who work under his supervision or guidance or have been entrusted to him by law, and should not neglect his inspection and supervision. Such as the responsibility of the guardian for the actions of the children and the responsibility of the employer for the damages that the workers inflict on others.

The principle of necessity and strength of contracts and the effort to prevent their unnecessary dissolution are considered today as one of the basic principles in the formulation of rules and regulations. It can be said that this issue is one of the biggest concerns of international documents. There is no consensus among jurists and jurists on the effect of the abolition of the option on the basis of the contract on Iranian law. Also, the issue of whether the options can still be retained by canceling the basis of the options and giving the option to the owner of the option to terminate the transaction despite the use of the basis of his option or not? One of the controversial issues in Iranian law and Imami jurisprudence. Despite the importance of the issue, there is no general rule in this regard in Imami jurisprudence and Iranian law, and the authors of the civil law, due to the differences of jurists and the multiplicity of opinions, have not set a general rule in this regard and only in Articles 421 and 478 of the law. Civil has imposed two seemingly conflicting rulings. Regarding the first effect of termination, which is the release of the parties from the contractual obligations, there are no explicit provisions in the Iranian Civil Code, however, it can be inferred from some articles, especially the related materials, that such an effect is also intended for termination of the contract, such as Articles 219, 284, 286, 387. Of course, this acquittal of the parties from their contractual obligations is not related to the obligations. The results of the research indicate that the harmless rule, explicit and implicit conditions and special reasons are the basis of options in Iranian law and also the omission of the basis of options can cause the fall of options, in which case we can refer to Articles 396 to 457.

Iran's history has always been the arena of important political and legal developments and events. Including the introduction of legal and political concepts, especially in the constitutional era. Or the prevalence of some terms such as Sadr al-Sadr during the Timurids and the division of courts into two categories of Sharia and custom during the Sassanids. But in the meantime, one of the most prominent historical periods for Iranians was the Qajar era, when the most important concepts of public law, including law, freedom, representation and right, emerged with the presence of intellectuals, jurists and treatise writers, as well as different reactions among them. Mirza Abdul Rahim Khan Talibov Tabrizi is one of the most prominent intellectuals of this period who seems to be more familiar with the concepts of public law and has seriously studied the two concepts of law and is closer to the current reality than other intellectuals. . The present article seeks to answer the question with the descriptive-analytical method and using library sources that among the concepts of public law, right and law were formed in the mind of this Qajar intellectual at that time or not? The hypothesis of this research is that these concepts are closer in Talibov Tabrizi thought than other modern meanings.

The Internet can be considered a phenomenon to increase the speed of information transfer, which has also been able to increase political and social transparency and provide access to a world of consciousness. And finally, it has been able to facilitate human relations. But not all people have the same conditions for using the Internet. For example, not only should children not have unconditional access to it, but they should also be protected in this space so that they are not abused. Without adequate supervision and support for children, they will be exposed to all kinds of abuse in this space. The potential harm of media, especially the Internet, to children is not limited to inappropriate content; And there are many children who have been and will continue to be harmed by the production of lucrative advertising or commercial content through the publication of their photos and videos in cyberspace. Therefore, in this article, an attempt has been made to study and pathology of such actions in the media space and its effects on the life and future of children. In this regard, the relevant laws in Iran and the international arena have been reviewed. In order to be aware of these laws, we should not inadvertently encourage the publication of more images under discussion, and also in case of encountering such cases, due to being surrounded and mastering the legal cases, appropriate and effective measures can be taken.

The purpose of this study, in addition to examining civil liability based on equality in the distribution of longitudinal responsibility (multiple causes, causal and directing community and directing causes) and transverse causes in the new Islamic Penal Code, is to answer these two questions. What are the longitudinal and transverse effects on the division of civil liability? And how the longitudinal causes affect the division of civil liability. The research method used is a descriptive-analytical method that deals with the developments of civil liability, longitudinal and transverse causes in Iranian law. The results of the study indicate that in Iranian law, the principle of division of responsibilities is equal, unless it is proven that the act or fault of one responsible person was more or less effective than the other. According to Article 140 of the new Islamic Penal Code and the last part of Article 52 of the Civil Liability Law, the manner of intervention of the cause is effective in the amount of responsibility; That is, the greater the intervention and impact of the cause in causing the damage, the greater the degree of responsibility.