پژوهشنامه تطبیقی دادپیشگان
پیاپی 7 (بهار 1402)

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became one of the public property administered by the government. According to some jurists, by the adoption of the Water Nationalization Act on 4/4/1347 Articles 149, the Civil Code has been abolished and the issue of water ownership has been abolished. The general property of the national wealth is a country and belongs to all generations. The economic value of this property first provides special support and maintenance of these property. There are many solutions such as using new technologies, strengthening regulatory agencies, and so on to prevent private people's access to public property and to prevent government and public outsourcing over these property. But one of the most important ways in this regard is to provide legal solutions as a way to solve the roots of problems. In this study, jurisprudential and legal views will be examined and solutions will be provided to solve the legal problems of public water.

The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of reason and frees himself from that severe danger by committing a forbidden act and causing harm to a person or other persons. But this damage must always be as great as the danger that is created and more damage must be avoided. Article 206 of the Civil Code, while validating an emergency transaction, states that if a person enters into a transaction as a result of a personal emergency, it is not considered contempt. The cause of external urgency is the ruling of the Cairo power, so it eliminates the causal relationship between action and distress and harm. Accordingly, the distressed person is not liable unless it can be held liable under civil liability. Components of fairness or non-fairness of contracts include abuses of the position of a person or persons in a state of emergency. This article examines whether an emergency can relieve civil liability or not, and examines the contracts that are made with distressed people, as well as the ruling on their invalidity or non-invalidity.

The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these instruments. Most countries laws and international conventions have identified the principle in their rules. Autonomy principle increases payment certainty remarkably so that any excuse, exterior from payment relationship cannot block payment procedure. On the other side the execution of the principle in absolute and inflexible manner can cause issuer (The person who is responsible for payment) to be harmed where the beneficiary is not entitled to pay rightfully and fairly. One of the ways which could reduce the absoluteness of autonomy principle and make it flexible is possibility of predicting conditions which acts as a complementary for autonomy principle in different rules and reduces harmful and unfair consequences of absolute application of autonomy principle. By comparatively study the provisions of various payment and guarantee instruments, In this research, we are trying to consider that are cheques, as a common payment and guarantee instrument among people, possible to be issued with conditions or not.

The murder of human life and the deprivation of human life is one of the most important crimes against individuals, and in all societies, it is accompanied by severe reaction and consideration of severe punishments for the killers. In the Islamic legal system, the punishment of murder is retribution if it is deliberate and justice, and this punishment is mentioned in the Holy Qur'an as the source of society's life. Physical and crime against spiritual personality is divided. In the meantime, crimes against physical integrity (such as murder, amputation, multiplication, miscarriage) against crimes against spiritual personality (such as insult, defamation, Qaddaf, false publication, etc.) More important. Among the crimes against physical entirety, the crime of murder is, most importantly, because murder is the deprivation of life from living man. In this way, the crime of murder takes him the most valuable divine blessing to man, which is his body and soul. Therefore, in all the legal systems of the world, the crime of murder is of great importance, and especially for its deliberate type, heavy penalties such as imprisonment or life imprisonment are projected in criminal laws in different countries. We can kill the murder by "mistake in the victim" (wrong in the goal) or "mistake in the personality of the victim" (mistake in the identity).