نشریه حقوق و مطالعات نوین
سال سوم شماره 2 (پیاپی 7، تابستان 1401)

The system of supervision of insurance and insurance affairs has important features, especially in social protection and economic benefits. In the law of Iran and Turkey, part of the provisions of the laws on insurance, regulatory and regulatory affairs in insurance affairs is dedicated to itself. Most of these provisions in Turkish law are in line with the provisions of EU insurance law. In Iranian law, insurance provisions are mostly rooted in international practice and old French law. Generally, the set of legal provisions regarding the supervision of insurance companies can be examined in two groups. The first group of these provisions is related to the financial and technical structure of insurance companies, which is mostly related to the form of insurance companies, the amount of capital, the method of payment and its guarantees. The second group includes cases of protection of insurers and general conditions of the insurance contract. Understanding the insurance supervision system both in terms of comparative law and in terms of comparing the relevant principles is part of the practical process of this article. The system of insurance supervision in the law of these neighboring countries in the field of establishment of insurance companies and their activities is the main subject of this discussion. In this article, major legal issues such as insurance requirements of insurance companies in the establishment, start-up and continuation of insurance activities, supervisory authority, its duties and powers and guarantees for the implementation of the effects of supervision will be addressed. In processing and preparing this article, basic sources such as laws and regulations on the relevant subject and scientific works of doctrine have been used.

The law punishing persons who collude to take property is one of the most applicable criminal laws, which was approved by the National Assembly on August 23, 1961, three years after the enactment of the General Punishment Law in . Due to the existence of numerous cases of the crime in society and the validity of the law, its contents are frequently cited by the judiciary. The legislator has considered the act of colluding to take another's property as fraudulent in the presence of other conditions provided by law, and has referred their punishment to Article 238 of the former General Penal Code.Despite the fact that nearly a century has passed since the enactment of this law, and despite changes in criminal law and numerous changes in the punishment for fraud, many challenges and ambiguities include the inclusion of the law on litigants, how to refer to legal materials, sentencing and Execution of punishment, use of mitigation sentences, suspension and aggravation of punishment There are some ambiguities that have been answered with the approval of the Law on Reducing the Punishment of Imprisonment in 1399, but in some cases there are still challenges. In the present article, a descriptive-analytical method and using library resources, while criticizing the law and expressing the existing ambiguities, the possible solutions to solve them were also stated.

In this study, since private international law is the reflection of domestic private law of countries in the international context, while discussing the difficulties in domestic law of Iran, it is appropriate to refer to the relevant provisions of international law and if We will adapt the necessity of customs and traditions, social values and family rules of several countries. In case of conflict between the definitions and the laws regarding the issues raised in the case of hardship, it will be stated which court has jurisdiction in the disputed matter and which law governs it, and the description of the cases of marital hardship, according to the law of which country is possible. It is acceptable and how it will be treated through the conflict resolution rule. In Iranian law, according to Islamic jurisprudence, divorce is basically a man's right and a woman does not have the same legal status as a man. The results of this study show that in Article 1130 of the Civil Code of Iran, the issue of family hardship is briefly mentioned that if the hardship is proven, the woman has the right to file for divorce. In English law, divorce is divided into fault-based divorce and divorce without fault, while in Iranian law there is no trace of this division. The laws in Germany regarding family matters are slightly different from those in France, the United Kingdom and Canada, and emphasize the existence of a cold emotional relationship and separation between couples as the main reason for divorce. Divorce in the United States is governed by the laws of the individual in which it occurs. Divorce law terminates a marriage with a legal process passed by state law, and the petitioner or petition for divorce or dissolution is one of the parties.

In Article 1 of the United Nations Charter, one of the four main tasks of this organization is to maintain international peace and security, and according to Article 24 of the Charter, this task is entrusted to the Security Council. Considering the inability of the community of nations to deal with the scourge of war, the drafters of the charter assigned the serious task of establishing international peace and security to a council in which the victors of World War II (America, England, Soviet Union, France and China) had a special In this way, the Security Council, with broad powers, became the executive of joint security and, as a policing pillar, became responsible for establishing order and security in the world. In order to achieve this lofty goal, the Security Council acts as a mediator in the framework of the provisions of the sixth chapter of the charter and as an enforcer of order in the framework of the provisions of the seventh chapter.This article tries to answer the question by describing the duties and jurisdiction of the United Nations Security Council. What are the functions and competence of the Security Council in preventing the escalation of disputes in order to maintain international peace and security?

Some jurists consider human rights to be part of the common heritage of humanity, which is at the heart of this universal idea. Examining international and regional documents and the views of legal thinkers (doctrine), we conclude that the universal nature of human rights has been accepted as an inviolable principle. On the other hand, cultural diversity as a social necessity of the international community can be protected to the extent that its application does not lead to the denial of this principle and rules of human rights, which will result in nothing but ethnic-religious violence. The importance of the issue of human rights and the need to establish effective mechanisms to closely monitor the implementation of its norms have led to the provision of various mechanisms in the human rights system. "Independent fact-finding missions" are an example of such monitoring mechanisms that have been recognized internationally and regionally. This monitoring system, along with other important systems such as "reporting procedure" and "litigation (litigation)" are among the most important human rights monitoring mechanisms. The main purpose of using all these regulatory systems is to promote the compliance of states with their human rights obligations, and thus to ensure that states respect human rights norms and commit to examining specific human rights situations. In the present study, this monitoring system is briefly introduced

One of the effects of an apology is the obligatory exemption from contractual liability. In many transactions, the obligee may be exempt from damages for non-performance or delay in performance of the obligation, citing excuse. The reason for this ruling is the lack of causal relationship between non-performance of the obligation and the obligated act, because its existence is necessary to fulfill the contractual responsibility, and the occurrence of an excuse with its conditions causes the termination of the causal relationship. Of course, in some cases, due to obstacles, although the reason for the excuse can not be attributed to the obligee, the obligee still has contractual responsibility. This paper seeks to analyze the above conditions and obstacles with a comparative view of Islamic jurisprudence as one of the important sources of Iranian law and using descriptive-analytical and inferential methods and to show precisely what criteria and criteria he is committed to proving. , Is no longer obliged to perform the contract and is exempted from contractual responsibility.

One of the important aims of punishment is the reform and treatment of criminals that this may be achieved by applying the principle of individualization of punishments. Therefore the most important concerns of the criminal justice system of any country is the prevention of crime or decline harmful effects of the retributive imprisonment. In this regard, the legislator has carried out and authorized new changes and developments under the name of reducing the discretionary imprisonment of law approved in 1399. Therefore with the establishment of assistance institutions that have aid approaches and they are trying to provide the basis for rehabilitation of the convicted punishment, but assistance cases are legal institutions that are driven of corrective justice and their aims are reform the offender and compensate the damage suffered and regenerate the society . In the Islamic law penal code 1392, institutions such as parole system, semi-liberty and alternative to prison, reprieve and in the criminal procedure law item such as appointment to abandon prosecution, stop the investigation and limit detentions are examples of assistance institutions. In the present research we analyze and review institutions alternative to prison, reprieve in the law on reducing of the punishing imprisonment. The research findings show legislator in the basis of assistance institutions alternative to prison and reprieve has made new changes and developments in the Law on reducing punish of imprisonment made a policy that use these institutions has had a noticeable effect in order to reduce the current criminal population, efface prison and costs paid by society for crime.

The extractive industry in most developing countries is in conflict with the interests of its subjects (governments and investors) due to the growing global demand for fossil fuels. Efforts have been made to harmonize and diversify economic activities, investment policies, strengthen governance, public-private partnerships, raise public awareness, and improve general standards through binding and non-binding international regulations on transnational issues Which may lead to a moderation of the conflict of interest of oil-producing governments in developing countries and foreign investors. Imposing environmental and human rights obligations on international oil companies (IOCs) through bilateral investment treaties, transparency in the transactions and conduct of multinational corporations within the legal framework, and non-discrimination at all levels among investors are solutions based on judgmental procedure and the opinions of arbitral tribunals in achieving these goals have been suggested. This paper examines the legal personality of multinational oil companies, the challenges posed by international instruments and regulations, and finally offers mechanisms for adjusting these obligations between the parties.

The crime of sheer error is one of the three crimes specified in the book of retribution of the Islamic Penal Code. The problem is how this erroneous behavior, in which the perpetrator has no intention of behavior and no intent, has all three elements necessary to committ a crime and is consequently included in the set of criminal offenses, while the required mens rea There is doubt in that place. The purpose of this study is to explain and analyze the crimes of pure error from the perspective of the mens rea and the conditions of criminal responsibility to take a comprehensive look at the dimensions of the issue, while criticizing the position of this behavior in the Islamic Penal Code, appropriate suggestions to the criminal legislature. Non-criminal institutions. During the present study, it can be pointed out that there are many forms such as restorative justice, social security and insurance institution to place faulty behavior in the legal system of Iran, which will have the potential of the legislature to reform and review. It is noteworthy that in terms of method, this research is considered as analytical, fundamental and library research and has been done by examining opinions in research books and articles.

When a contract is concluded between two or more persons, the contractual obligations of the seller require him to deliver the goods or goods sold to the buyer in accordance with the terms of the contract and the agreement of the parties, and accordingly in the law of most countries In the seller and its non-compliance with the contract, a performance guarantee is provided to support the buyer so that the buyer can use that performance guarantee if necessary. One of these guarantees is the rule of "price reduction", which is equivalent to "Arsh" in our jurisprudence and legal system. Reducing the price or Arsh means the difference between the price of a healthy and defective seller that the buyer receives from the seller if the seller is defective. However, the reduction of the price is not explicitly mentioned in the current laws of our country as well as jurisprudence; However, in the mentioned systems, there are institutions that have the same effects, goals and functions, among which we can mention obtaining the arch in the option of defect and dividing the price in the option of discrimination. In this article, which is collected by descriptive-analytical method and also by library method, its information is examined by examining the rule of "price reduction" in different systems and countries, as well as the International Convention on the Sale of Goods (Vienna-1980), Principles of Contract Law. European (PECL) as well as Iranian law are discussed.