نشریه پژوهش های حقوق اقتصادی و تجاری
سال دوم شماره 4 (پیاپی 8، زمستان 1403)

Pure economic damages are not damages to the purpose or benefit of a property. Rather, the funds that can be acquired are lost and damaged as a result of intentional behavior (violation of contractual obligations) or negligent actions (non-contractual liability), causing damage to the third party or contract party. One of the most challenging issues related to this type of loss is the ability to compensate for the damages caused by the damage. Therefore, the question raised in the current research is, on what principles can pure economic losses be compensated? According to the traditional theory of civil responsibility and economic analysis of rights, pure economic damages cannot be compensated. But the available reasons and documents indicate that based on the principles of economic analysis of civil liability, pure economic damages can be compensated. One of the important pillars of economic analysis is civil responsibility, deterrence and economic efficiency. Therefore, another question is whether the compensation of purely economic losses based on the economic analysis of civil liability leads to the creation of economic efficiency or not? The present research using the analytical-descriptive method has shown that creating an optimal level of economic efficiency and favorable conditions in the welfare and economy of society is one of the direct results of compensation for pure economic losses based on the economic analysis of civil responsibility.

 In any political system, the implementation of effective economic policies is essential for improving government performance. Conversely, the government's economic policy choices impact citizens' enjoyment of their rights and have spillover effects on human rights. However, these policies are often formulated and implemented without considering their impact on human rights. This research, using a descriptive-analytical approach and library-based data collection, examines government economic policies within the framework of the economic and social rights principles of human rights. The main research question is: What is the relationship between government economic policies and economic and social rights obligations? The research results show that the relationship between government economic policies and human rights obligations is complex and multifaceted. On the one hand, government economic policies have the potential to impact the realization of human rights. On the other hand, human rights norms can serve as a theoretical and ethical framework shaping the principles governing economic policymaking. The ultimate goal of this research is to examine this relationship and propose the integration of human rights considerations into the core of economic policies, so that economic development aligns with ethical principles, the requirements of social justice, and respect for fundamental human rights.

Regulation of financial markets consists of four pillars of financial laws and regulations, the institutional structure of financial market regulation, the executive function of regulation, and the independence or convergence of regulatory institutions, among which the institutional structure of regulation is of special importance. After the occurrence of international financial crises, various countries have tried to redesign the institutional structure of their financial market regulation in order to prevent the recurrence of crises. In Iran, some destabilizing events have made many financial experts believe that the institutional structure of financial regulation should be redesigned. In this regard, the main issue that this article seeks to examine is the necessity of reviewing the institutional structure of financial market regulation in Iran with an attitude towards the experience of other legal systems. The main goal is to identify the main axes that should be taken into consideration in redesigning the institutional structure of financial market regulation in Iran by examining the models of the institutional structure of financial regulation at the international level. In this review, it is clear that the two main issues of "convergence and communication between financial regulatory institutions" and "strengthening macro-prudential supervision of financial market institutions" have been the most important axes of structural changes in different countries. By examining the institutional structure of financial market regulation in Iran, it is clear that this structure in Iran lacks a coordinating institution for financial regulation and a macro-prudential supervision institution for institutions in the money, capital and insurance markets.

The emergence of utility tokens has created a revolution in the world of cryptocurrencies and has created an innovative platform for providing services, financing and investing beyond just a means of exchange. Decentralized token-based crowdfunding platforms provide a unique opportunity for innovative projects, turning investors into beneficiaries of these projects by purchasing tokens. However, the emerging nature of this field reveals the necessity of transparency and providing sufficient information to investors to maintain the health and dynamism of this platform. This research, using a descriptive-analytical method and based on library sources, examines the content and disclosure requirements of the white paper as a key tool for promoting transparency and protecting the rights of investors, and is inspired by Iran’s Securities Law and MiCA. the findings of the current research show that the white paper should include comprehensive information about the nature of the project, the development team, how the token will be distributed, its uses and benefits, the economic model and related risks. This research helps investors in making informed decisions by providing a legal framework and codified content for the white paper of utility tokens.

The development of technologies in recent years, particularly artificial intelligence (AI), has transformed the structure and processes of arbitration. These advancements allow AI to predict new disputes by analyzing and comparing judicial decisions. Consequently, some countries are utilizing these technologies to resolve minor and small-scale disputes. This paper aims to clarify how adaptable the existing legal framework in international commercial arbitration is to AI arbitration.However, AI as an arbitrator faces several challenges. These include the lack of precedents, the inability to reason and justify decisions, and concerns regarding impartiality and independence. AI cannot address the complexities and standards of arbitration effectively. Therefore, it is more beneficial to use these technologies to assist human arbitrators in resolving disputes. This research was conducted through a library study using an analytical-descriptive and applied approach. It examined domestic and international sources, comparing and evaluating the existing legal capacities in international commercial arbitration .

The extensive use of cheques and the necessity of overseeing the entire process from issuance to collection have drawn particular attention from lawmakers regarding this commercial instrument. The purpose of the Cheque Issuance Law is to prevent the issuance of dishonored cheques and to move toward fully electronic documentation. Consequently, the Sayyad system was established, making cheque registration obligatory within it. However, due to the lack of cultural awareness and the traditional mindset of many users regarding this commercial document, a new problem emerged: the non-registration of cheques in the system. The primary question raised is the “legal essence of an unregistered cheque in terms of being a civil or commercial document.” The answer to the previous question impacts the rights of the cheque holder, leading to another question: “The possibility of filing a lawsuit to require the registration of a cheque?” In this research, adopting a descriptive-analytical approach, studied library resources and relevant laws and by collecting legal experts’ opinions and arguing based on legal texts, arrived at clear answers to the aforementioned questions. The final conclusion, after presenting detailed evidence from both sides of the dissension, rejects the arguments of those who consider this unregistered document as commercial. By proving its civil essence, the claim that it is possible to file a lawsuit to require the registration of a cheque will also be dismissed. Therefore, efforts should be made to promote public awareness of cheque registration and encourage trust in CBI systems.