List of articles (by subject) Private law
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Open Access Article
1 - Principles of State Civil Liability for Environmental Pollution
Sayed Ahmad Asgari ArjnkyToday, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On MoreToday, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile -
Open Access Article
2 - The effect of the bill in contracts in iranin law with comparatives the Shiite jurisprudence and Common law rights
mohammad reza habibi mehr rohangiz mohammadi moghanliConsidering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of MoreConsidering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill. Manuscript profile -
Open Access Article
3 - A comparatives study of Unfair comptetion in iranin law with shiit jurisprudence and the paris convention
mohammad reza habibi mehr hamid samadifardprudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected Moreprudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected methods. In this case, it is a type of competition in which business competitors use equipment unfairly and compete for unfair titles. Unfortunately, there is no exact definition of the meaning of unfair competition, but in addition to unfair competition, which is discussed in private law, there is no definite way of defining public rights and economic rights, which they call competition law. In the law of instance such as offensive and discriminatory pricing, monopoly, similarity of name and trademark, as well as cases in the field of industrial property rights, we can mention the obstacles to fair competition, in other words, unfair competition. In Imamieh jurisprudence, with its rich resources, it is prohibited to disor-derly competition, among which, in addition to many verses and narratives, it is possible to mention cases such as hoarding, reckoning, and the rule of lawlessness. Given the above, it is clear that the law defends a fair competition and request to reform the com-petitive relationship between individuals, which, assuming this important, can be seen as a Justice-centered economy. In this study, to clarify the nature of Fair competition , con-cept and examples of unfair competition, and to better understand the unfair competition law, compare it with some of the relevant institutions in the Paris Convention and other conventions. Manuscript profile -
Open Access Article
4 - Comparative Study of Copyright in Iran and France Legal System
Sayed Ahmad Asgari Arjnky -
Open Access Article
5 - Legal aspects of network marketing (MLM)in iran with pyramid schemes in comparison with America Federal Trade
hamid samadifard farshid teyebiIn practice , we are dealing with two types of network marketing , first network marketing and other pyramid schemes , which are the vast majority of the second type , which is illegal in most countries . From the United States Federal Trade Organization perspective , MoreIn practice , we are dealing with two types of network marketing , first network marketing and other pyramid schemes , which are the vast majority of the second type , which is illegal in most countries . From the United States Federal Trade Organization perspective , the marketing plan is a very good way to sell products and services by distributors . Although this type of market includes new economic activities , which can be incorporated into an independent contract without being incorporated under the title of one of the contarct, it may have a few similarities with such as rent , peace , sale of law , and can be introduced , but each may have problems . In this study , it has been tried primarily to describe this form of marketing and the distinction of two healthy and unhealthy types , then the healthy type that is legally reviewed by matching the aspect of jurisprudence and the rules of the Federal Convention Manuscript profile -
Open Access Article
6 - the legitimacy of Causalityin juridical texts and statute i.r.i
seyyed rohollah aghigh meysam nemat ah allahi mojtaba farahmandOne example of the involvement of individuals in committing crimes and social crimes is the issue of accusations of crime. Although the word causality has a general meaning and is also used in civil law, the prevailing meaning of this concept is in criminal law, MoreOne example of the involvement of individuals in committing crimes and social crimes is the issue of accusations of crime. Although the word causality has a general meaning and is also used in civil law, the prevailing meaning of this concept is in criminal law, which is more in line with jurisprudential texts. . This word, which is an effective and important application in law, is one of the most challenging issues, and there are many disagreements over it. Some argue that the appropriation is the same (not dictated), and it is a rational rule that has a strong autonomy and Jurisprudence has also used examples of it as examples of it. Some also believe that the mentioned cases (from Bob causality) in jurisprudence are exclusive to the mentioned cases, and the emblem is not an independent jurisprudential and rational basis, therefore, it should be considered limited to the cases mentioned in the texts of jurisprudence. The research has been gathered with an applied and analytical and descriptive approach, utilizing library studies, and its findings indicate that the appropriation of a rational rule is in accordance with this rule as an exemplary statement of some of the cases. And these examples are in fact only examples of this rule, the legislator, instead of expressing several examples of it, would have been better off by limiting the material to the explanation of the subject matter and avoiding the ambiguities that made ambiguities in the comprehension of the audience. Avoidance Would have Manuscript profile -
Open Access Article
7 - The principle of freedom of contract in dealing with its limitations
elham ahmadi bani -
Open Access Article
8 - Institution of Charity and Instruction and Restorative Justice
اسعد نوبخت mysam nemat allahiExpecting the legal community to know about the ideal goals and the ideal justice of all the tools, or the ability to use all of these tools is an unreasonable and in vain, so all the scholars and thinkers of the field of science of law to identify and Using these tools MoreExpecting the legal community to know about the ideal goals and the ideal justice of all the tools, or the ability to use all of these tools is an unreasonable and in vain, so all the scholars and thinkers of the field of science of law to identify and Using these tools has made a lot of effort. However, due to the fact that it is desirable for all the scholars of this field and scholars of this field to mobilize all their possibilities to continue the course and achieve the desired justice and trials, until the knowledge and achievement of human justice is a long and long way. Be honest and fair. This paper seeks to explore new ways and ways to use the capacities of criminal politics and to take steps to reach this goal using religious orders and capacities. Using the examples of restorative justice is at the same level as the writer's point of view. Manuscript profile -
Open Access Article
9 - study the principles and foundations of competition law based on the legal laws of the Islamic Republic of Iran
mohammad saeeid shafiei hamid samadifard shirin shafiei -
Open Access Article
10 - Impact of damages on the insurer's obligations
Review: Sometimes after the accident occurs, the insured or the injured party due to the possibility of avoiding the accident or reducing the harmful effects of the damage caused by the accident, however, does not take action to perform the said act. The question that a MoreReview: Sometimes after the accident occurs, the insured or the injured party due to the possibility of avoiding the accident or reducing the harmful effects of the damage caused by the accident, however, does not take action to perform the said act. The question that arises here is whether the insured or the injured party had a legal obligation to perform the act of avoiding or preventing the development of damage or not? What is used from the provisions of Article 15 of the Insurance Law is the sum of the obligations that the legislator has assigned to the insurer, but if the injured party has a percentage of fault or negligence and the accident occurs, what percentage of this percentage of fault creates the insurer's obligations. As we know, in fact, the insurer compensates instead of the loss factor. Now, if the loss factor and the injured party both have a degree of fault or negligence or laziness, does this relationship spread to the extent of the insurer's obligations or not? It seems that in Iranian law, the victim is obliged to prevent the spread of the scope of damages, and referring to some jurisprudential rules indicates this. With this preamble, the victim must also take measures to prevent the spread of the damage, otherwise, to the extent that the spread of the damage could have been avoided, the liability of the loser would be reduced to compensation, and in the first instance, the insurer's obligations Is affected. Manuscript profile -
Open Access Article
11 - A look at the areas of insurance fraud in the insurance policy for accidents involving land motor vehicles
Considering that most important legal systems have considered civil liability arising from land motor vehicles according to special laws and based on the theory of danger, the Iranian legal system has witnessed changes in this field for almost half a century until today MoreConsidering that most important legal systems have considered civil liability arising from land motor vehicles according to special laws and based on the theory of danger, the Iranian legal system has witnessed changes in this field for almost half a century until today. . Most of these developments are aimed at compensating the general victims of the victims who have been exposed to mechanical threats caused by these devices. Daily insurance scams have caused a lot of damage to insurance companies. Examining the pillars of insurance scams and ways to deal with it, insurance will help in the process of preventing the occurrence of these scams. By examining the elements of the crime of insurance fraud, it is found that the rules governing fraud in insurance fraud are also serious, and by resorting to the rules governing fraud, the provisions and conditions governing the crime of insurance fraud can be inferred. . It is worth mentioning that fraud in different types of insurance, including property insurance, persons, etc., is different, here we will examine fraud in car insurance. The important point is that in dealing with the above criminal phenomenon, only criminal measures are not effective. Rather, as a supplement, non-criminal measures can be used, such as increasing premiums and not concluding insurance contracts with perpetrators of such crimes. Manuscript profile -
Open Access Article
12 - ascending on the formal strategic principles in civil procedure
In the Iranian legal system, according to the explicitness of the legislator and the mention of legal principles in Articles 1 and 3 of the Code of Civil Procedure and the Revolution in civil matters, the source of the principles is proven and the courts have invoked va MoreIn the Iranian legal system, according to the explicitness of the legislator and the mention of legal principles in Articles 1 and 3 of the Code of Civil Procedure and the Revolution in civil matters, the source of the principles is proven and the courts have invoked various legal principles in many cases. According to Article 3 of the Code of Civil Procedure, courts are obliged to refer to valid Islamic sources, valid fatwas and legal principles that are not contrary to Islamic law, and issue a verdict in case of silence, defects, ambiguity and conflict of laws. Therefore, the role of legal principles in law is undeniable, and the unwrittenness of many of them has not diminished their mobility and impact, so that if we look carefully, we can trace the principles beyond the words of legal texts, court rulings, pure thought of legal sages. But let us see the legislator. But the conceptual ambiguity of the legal principles mentioned after Islamic sources and valid fatwas creates the illusion that the legal principles mean the practical principles in jurisprudence and also the conservatism of some judges, the Iranian judicial procedure from It has deprived the high role of this institution. Manuscript profile -
Open Access Article
13 - Consequences of normalizing divorce and ways to prevent it
goal of this research ; Investigating the causes and roots of divorce, social harms resulting from divorce and strategies to prevent its occurrence. The present article has been done with a descriptive-analytical method, which has been done in a library manner and using Moregoal of this research ; Investigating the causes and roots of divorce, social harms resulting from divorce and strategies to prevent its occurrence. The present article has been done with a descriptive-analytical method, which has been done in a library manner and using electronic resources. With the passage of time and the prevailing conditions and changes in the society; Witness the normalization of divorce, an event that was reluctantly talked about until several years ago. But today it is so common that society and people look at it as a normal event, unaware that this phenomenon is to a detriment. It has become a society whose consequences on individual and social life have left an adverse effect along with the transformation of societies and its transformation from traditional to industrial, lifestyle change, urbanization, following new values and raising the level of education and. ... has caused the foundations of cohabitation to be shaken. Manuscript profile -
Open Access Article
14 - Capability of issuing conditional cheques; A criticism to article 3 of Cheque Issuing Act modified at 1382/06/02.
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 inst MoreThe 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. Manuscript profile -
Open Access Article
15 - Interpretation, Correction and Revision, Supplementary Decisions, Recognition and Enforement of Arbitration’s Award Under Iran’s Law and UNCITRAL Arbitration Rules
Since Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and MoreSince Arbitration is one of the most efficient and modern ways to settle a dispute, particularly those of commercial lawsuits, in view of the fact that our country is considered consumer and developing, it seems essential that jurists must become familiar with laws and regulations of arbitration. This was not an area under discussion by researchers; in fact, one would say there is almost no independent study for arbitration here. This article has a descriptive-analytical approach using library method to examine the questions. The findings in this research show International Commercial Arbitration Bill follows the Model Commercial Arbitration Bill; it forms rules about interpretation, correction, revision, recognition and enforcement of arbitration’s award which is the innovations of new law. Arbitration’s award has different aspects; one is interpretation, correction and revision, supplementary decisions, recognition and enforcement of an award. Exploring the issue may raise some questions; what would be the referring text for interpretation, correction and revision, supplementary decisions, recognition and enforcement of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? What qualification would be needed to be met for that? What approach would be the approach of arbitration’s award under Iran’s law and UNCITRAL arbitration rules? How would be the recognition and enforcement of an award under Iran’s law and UNCITRAL arbitration rules? This article tries to analyze and answer these questions and some more. Manuscript profile -
Open Access Article
16 - Jurisprudence, Legal Status of Sea Water in Public Property and Subscribers
سحر حقانیGiven 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 on MoreGiven 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. Manuscript profile -
Open Access Article
17 - Capability of issuing conditional cheques; A criticism to article 3 of Cheque Issuing Act modified at 1382/06/02
فرشاد فرازمندThe 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 in MoreThe 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. Manuscript profile