پژوهشنامه حقوق خصوصی احرار
پیاپی 7 (بهار و تابستان 1402)

The aim of this research is to examine the civil liability of hospital construction with a focus on legal entities in Iranian law. The research method is descriptive-analytical, and information has been collected using library sources. The results of the study show that the basis of civil liability arising from construction in Iran is established in various laws, including the Civil Code, Civil Liability Law, Islamic Penal Code, and other laws. In addition to general rules of civil liability, there are also specific rules regarding the civil liability of construction in the Civil Code, Civil Liability Law, and Islamic Penal Code, which are generally based on fault. However, the basis of fault in construction is inappropriate and proving fault by the injured party seems incorrect. The civil liability of legal entities in hospital construction, like other constructions, is based on presumed fault. Although current regulations in this area do not have the necessary efficiency, effectiveness, deterrence, and compensation due to the sensitivity of hospital construction, resulting in non-compliance with construction regulations and consequently, short-lived buildings, irreparable damages, lack of trust in constructions, insecurity in buildings, and unsuitability of hospital buildings for patients' needs. As a result, the civil liability of legal entities in hospital construction based on the principle of fault is worth investigating

News reporters are a special group in the jurisprudence and hadith of Shia Islam, whose way of thinking has cast a shadow over the people and seminaries for years. The founder of this sect was Mohammad Amin Esterabadi, who, by residing in Medina and writing the book "Fawaed al-Madaniyah," spread his beliefs in Iraq and Iran. He considered deduction and ijtihad to be "innovation" and rejected them, believing that only the apparent meaning of hadith should be adhered to and that only the infallible Imams (AS) could interpret the Quran and hadith, which is beyond the capacity of ordinary people. He also disregarded reason and consensus. His opinions were similar to Sunni Ahl al-Hadith to some extent, although he differed from them in terms of belief. The thought of Esterabadi news reporting led to more attention being paid to hadith books, but it resulted in harmful effects such as regression, sectarianism, and superficiality, which hindered rational thinking. Of course, the thought of Esterabadi news reporting was limited and restricted by the efforts of scholars, but its effects can still be seen to some extent: the emergence of modern news reporting in today's world from Egypt to Iraq, Syria, Saudi Arabia, Afghanistan, etc., and cultural news reporting among elites and people are examples of this category.

manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important matter to be considered is that it inflicts damage on the community health, while it distorts the public discipline and change the balance between production and consumption.  Introduction of basic customer rights across Europe, triggered formulation of a special law for protecting customers in Iran. However, it is imperfect due to the ambiguous method of compensating for losses. Hence, based on the principle of no harm, this essay tends both to find a legally protective umbrella for customers and develop a robust economy as a remedy for the inefficient laws enacted regarding civil liability and protecting customers against the complications of market. For this purpose, this essay introduces a food manufacturer as a sufficient and primary cause that inflict harm, and specifies that the manufacturer’s failure plays role only in ascertaining of the causal link; It also set asides the liability resulting from food production failures and substitute it with manufacturers’ sense of responsibility for the final results , safety assurance, and a perfect responsibility based on legal and jurisprudential principles.

Good faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we can infer a general rule for observing good faith in laws and make the parties to the contract obliged to observe it in all stages of the contract, including negotiation, conclusion, performance and interpretation. In fact, legal examples such as options, provisions regarding coercion and necessity, non-reliability of defects, deals of bankrupt merchants after acceptance, etc. can be considered as evidence of accepting this principle in Iranian law. On the other hand, according to Article 1-7 of the Principles of International Commercial Contracts, the parties must act in accordance with good faith and fair dealing. Therefore, the principle of good faith must be observed in all stages of the contract. The function of this rule can be seen in various provisions of these principles.

Patient satisfaction is one of the important indicators of effectiveness, efficiency and quality of health care services. Therefore, this study was conducted to investigate the satisfaction of patients visiting the emergency department of PourSina Educational-Medical Center in 2023. In this cross-sectional descriptive study, information from 300 patients visiting the emergency department of PourSina Educational-Medical Center in 2023 was collected through a questionnaire. First, the demographic questionnaire was completed. In the next step, the Patient Satisfaction Scale-Short Form (BEPSS) questionnaire was completed by volunteers. Descriptive statistics such as frequency, mean and standard deviation were used to describe the data and a significant level of 0.05 was considered for P values. The findings of this study showed that the highest satisfaction score was obtained in the area of (EDS) and the lowest score was in the area of (EDE). The overall satisfaction score was 51.10±31.59 out of 80. There was no significant relationship between the scores obtained from the questions in the areas of (EDS), (EDE), (GPS), (PFS), (BEPSS) and (PCS) based on age groups, patient age, marital status, place of residence, education level and hospitalization history of the patients under study. However, significantly higher satisfaction was observed in women, patients with shorter hospitalization time and those who were discharged without personal consent. The results of this study showed that the level of patient satisfaction was acceptable, but there is still a need for a program to improve the services provided.

The right to rent and the right to occupation, profession, or trade are among the most important issues related to leasing, which have a very important place in legal and economic discussions. The change and evolution of this legal and regulatory institution has always been sensitive and controversial. In this research, we intend to examine the differences between the 1956 and 1976 rent laws and their advantages and disadvantages in a library manner.

Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of this article is comparing medical malpractice laws in Iran and Italy. It will study civil and criminal liabilities of the practitioner, the foundations of liability, the basics of practitioner’s liability, patient’s consent, practitioner’s duty in disclosing information regarding the illness and the side effects of treatments, and also governmental insurance coverage. The study shows that in both countries, the Theory of Commitment is considered as the criterion for causing liability, and the practitioner’s commitment in monetary matters is a obligation of means

Although the ruling on the suspension of validity conditions in contracts is clear and unambiguous among legal scholars, and even though according to Articles 699 and 1068 of the Civil Code, suspension in divorce and warranty is invalid, their suspension based on validity conditions is acceptable to legislators and legal scholars. For example, according to Article 700 of the Civil Code, the suspension of warranty based on its validity conditions does not invalidate the contract. However, since in Imami jurisprudence and among jurists, the suspension of a contract is subject to certain conditions, including its validity conditions, there is a difference of opinion among jurists regarding the validity or invalidity of such a suspensive condition. In this research, using a descriptive and analytical method, the views of the late Imam Khomeini and the late Khoei, two prominent contemporary jurists, have been examined on this issue. Based on the analysis of the opinions of these jurists, it can be concluded that although these two great scholars have different views on whether suspension invalidates a contract in its creation or origin, they agree on the ruling of suspension based on validity conditions in a contract. The difference is that unlike Khoei, who explicitly stated the ruling on such a condition, Imam Khomeini did not directly refer to this issue, and the ruling on the validity of this condition can be inferred from his fatwas.

A group of jurists have considered one of the conditions of the composite contract as the condition of "tanjees" (suspension). In fact, the meaning of "tanjees" is whether the contract has been concluded or suspended. A suspended contract is one in which the parties have intended to conclude the transaction with a suspended condition against it, and without a suspended condition, they have intended that the contract will not be concluded. From another perspective, a concluded transaction is a transaction in which the intention of the parties has not been bound by a condition or attribute. In this article, we examine the views of two renowned jurists, the late Sheikh Ansari and Sahib Jawahir al-Kalam, regarding the condition of "tanjees" in contracts. We also explore whether their views are the same or different, and if different, what differences exist between their opinions. Ultimately, we analyze the opinions of these great scholars based on our knowledge and expertise.

Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy without any compelling reason. The question is whether childbearing is a right? And if the answer is positive, it is the right of both wife and husband or just one of them? We can understand from the context of jurists and Islamic scholars that childbearing is a right of both parents (not merely a right for man). As husband has the right of getting pregnant, the wife also has the right to become pregnant. According to La Zarar (no prejudice) rule and the assumption of husband’s misconduct, the wife would have the right to divorce if the right of wife (become pregnant) be ignored and man refuse to have a baby.

Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution and cost savings for both parties, and therefore, access to new communication technologies by the global community has led to the emergence of arbitration in the virtual world and become a matter of concern. Therefore, arbitrators accept certain duties under the arbitration agreement between the parties, which, if not fulfilled, may result in civil liability for breach of contract and consequently, cause material and moral damages and establish causation. In general, the legal system of customary law has accepted immunity (exemption) from liability for international arbitrators, and in written legal systems and the arbitration system of Iran, the principle of civil liability of arbitrators has been accepted. The question that arises in the mind of the writer is what effects and provisions are applicable to the civil liability of arbitrators in virtual arbitration? In response, it should be said that due to the lack of independent, explicit, comprehensive, and coherent laws and regulations on the civil liability of arbitrators in virtual space in domestic and international areas and the fact that virtual arbitration is essentially similar to traditional arbitration, and only differ in formalities and procedures governing the process, it seems that the issue of civil liability of arbitrators in traditional and virtual arbitration does not have much difference in terms of effects and provisions.

Right is the most central concept of legal science, the ambiguity in its definition and description causes misplaced expectations and, as a result, the feeling of injustice. According to the abstract concept of right, the researcher should go to analytical tools to get rid of the misconception, using Hofeld's theory in identifying and expanding the types of rights helps the researcher.The right of the child has been given special support by the institution of society due to their special position in the foundation of the future of human society on the one hand and their vulnerability as the first ones who are exposed to the direct attack of harm. Of course, how children's rights are violated is different in different parts of the world. In developing countries, children mostly face poverty and its consequences such as malnutrition, lack of health, medical and educational facilities. And in developed countries, moral problems and the weakness of the family foundation plague them. In any case, the main players in this arena, namely the family, the private sector, and the government, should try to protect everyone from this concept in an all-round interaction.Loneliness, depression, anxiety, low self-esteem and physical problems such as diabetes and dry eyes are some of the possible problems of children in excessive use or early entry into cyber space.Addiction to this space has reduced the child's motivation to interact with others, which has negative effects on his (her) personal communication and social interactions. One of the easiest ways to prevent this problem is to limit the time you use the Internet.The expansion of cyberspace and the great impact of this field on the life and norm of the need to protect the rights of the children in this field, The author's attempt in this article is to use the descriptive and analytical method to identify the right and its analytical structure, define the child and virtual space and health and health and also identify his rights in the relationship between the child and the virtual space in the relevant laws of Iran and Other international laws and documents are discussed and called for moderationIn the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed