نشریه پژوهش های حقوق تطبیقی
سال بیست و هفتم شماره 4 (پیاپی 122، زمستان 1402)

The contents of the Legal Bill to amend a part of the Trade Law act 1968 which have been affected by the Stock Market act 2005 in the realm of legal deadlines in relation to the regulations of public joint-stock companies as one of the most important elements in the stock market, have undergone changes. These changes have been studied in the present research in two categories: Institutional and abrogator categories. Institutional issues include cases for which basically no deadline has been established in the Legal Bill Act 1968 and was considered for the first time in the Stock Market Act 2005, and the abrogator cases are those deadlines for which due date has been assigned and by approving the Stock Market Act 2005 has been abrogated. The philosophy of the mentioned effects, both in the field of institution and abrogation, can be found in the goal of the legislator to protect the rights of shareholders and the transparency of capital market information. Determining the period of subscription, determining the period to return the funds, the period for dealing with the obligations of the subscriber, changing the time for using the funds paid by investors, changing the time for withdrawing the funds in case of no increasing the capital, changing the period for the board of directors to deal with the obligations of the underwriters, and determining the period for disclosure of the board of directors' decisions, are the dates studied in this research.

With the establishment and development of special economic zones, the appearance of international trade disputes has increased and focusing on the legal methods of resolving the mentioned disputes has been part of the strategy of the relevant governments. International commercial arbitration is a common and accepted way of resolving disputes in special economic zones. However, some governments have established international commercial courts in these regions in the last two decades due to practical needs. Some features of international commercial courts that are modeled on the rules and methods of international arbitration are: more flexibility in proceedings, the possibility of appointing judges of foreign nationality, allowing the presence of foreign lawyers in court, allowing the parties to agree on conducting private proceedings and expanding the ability to enforce judgments. Also, some gaps in international commercial arbitration, which have been adjusted to some extent in international commercial courts, are: the possibility of a third party entervention, increasing the speed of proceedings, and the independence and impartiality of the investigating authority. In practical terms, also we see a two-way interactive relationship between these two institutions; Because on the one hand, international commercial arbitration has played an important role in the establishment of international commercial courts both in Europe and in Asia, and on the other hand, international commercial courts also play an increasing role in arbitration proceedings and they provide judicial assistance for carrying out and developing the arbitration process or guaranteeing the implementation of arbitration decisions. According to the performance perspective of international commercial courts, their comparative study seems to be a necessary step in order to provide a favorable model that fits the requirements of each country.

The independence of directors means the ability to think and make decisions freely, taking into account the interests of the company and shareholders and without being influenced by factors that cause conflicts of interest with corporate rights. Undoubtedly, the independence of directors has been able to significantly increase the efficiency of the companies' board of directors, and in the meantime, the basic assumption has been that the directors of companies make independent decisions based on their own merits and regardless of personal interests or emotional affiliations. This article, with descriptive-analytical method seeks to prove that today, it is not correct to talk about the assumption of independence which is assumed for them in the decision-making position due to the norms, changes and structural bias, psychological realities such as group thinking prevailing in the board of directors and maybe directors do not want to invoke this right in practice because of maintain their position, common interests and their relationships with others directors.

Nowadays, coercive criminal policy and harsh or terrible punishments have been replaced by friendship, adjustment and flexibility. Perhaps the reason for removing the death penalty (as an illegitimate child of royal governments) and turning to the deprivation of liberty (imprisonment) can be seen as the result of not fulfilling the goals of punishments, the usefulness and rehabilitation of criminals. Primiarily, the substitution of imprisonment for severe corporal punishment was very promising. The unfavorable use of custodial punishment turned this hope into despair. According to the Criminal Policy and Justice Department's research, until December 2021, approximately 11.5 million people have been in prison around the world! Therefore, criminal justice policymakers tried to provide strategies and policies to reduce the criminal population of prisons. This caused the emergence of new strategies in societies, including the First Step Act in US. The present article, with a descriptive-analytical method, aims to analyze the strategies of the above-mentioned law and the feasibility of its application in Iran's legal system. The research results showed that some strategies of this law, such as "risk assessment system, rehabilitation of prisoners, use of more facilities for prisoners, changing the status and serving the sentence outside of prison" are in accordance with the current policies of Iran and application of them, is considered as an effective strategy in reducing the prison's criminal population.

The role of artificial intelligence-related technologies in legal knowledge is significant like most other scientific fields. Legal criminal sciences, and criminal justice system, have not unbenefited from the presence of this technology. In many developed countries, artificial intelligence-related systems are applied in various stages of criminal proceedings. The basic question is, "are the technologies related to artificial intelligence applicable in the process of issuing a criminal sentence? And if yes, what are the challenges in front of it?" The method of research is descriptive and analytical. It indicates that, the influence of personal feelings in judicial proceedings, lack of accuracy and speed in handling cases, application of prejudices and individual tastes, as well as conscious or unconscious biases, are among the most important reasons of applying artificial intelligence technologies at sentencing level. However, using the cloak of judgment in an autonomous is the main barrier of this path and will bring harmful challenges, such as partiality, lack of transparency, dehumanization in the decision-making process, and homogenization in judgment. On this basis, the presence of artificial intelligence as a decision-making tool, facilitator and assistant in the criminal sentencing phase is recommended. However, the use of this technology in a decision-taking and independent manner is contrary to the modern requirements of judgment and punishment doctrine. In fact, it will bring legal breaks and question the human contribution in the administration of justice.

Misunderstanding of reality and belief that something is right, wrong or vice versa is called mistake. Understanding the concept of wrong is not possible simply, because the meaning of right and wrong is relative and temporary. However, what as a mistake requires the performance guarantee, is the event that the belief of the contracting party is not in accordance with the reality. As a result, the mistake in the legal system of Iran and France distorts the will, not the subject of the contract. In Iranian Law, a mistake is sometimes a flaw in the intention and sometimes a flaw in the intention. Based on this, the performance guarantee considered by the legislator is null and void, respectively and in other cases, according to the principle of firmness of contracts, no executive guarantee has been considered for it. In French Law, it sometimes invalidates the will and sometimes impairs it, and in other cases it does not affect the validity of the contract; Based on this, mistakes are divided into obstacles, effective and ineffective, and the guarantee of its implementation is absolute, relative, and in some cases, creating the right of cancellation; An ineffective mistake does not disrupt the contract. The purpose of this article is to explain the nature and position of the mistake by applying the descriptive-analytical method and with a comparative look at the French legal system, and to study its effects in order to provide a suitable solution to solve complex problems that usually occupy the courts of law.