JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2009 | Volume:5 | Issue:17|Papers Count:14

The growth of mass media and man's proclivity to using the achievements of other nations led to the unsystematic expedited transfer and publication of authors' works. Additionally, the impotence of the domestic laws to cope with such phenomena was perfectly evident. Consequently, contracts and international treaties, of which Bern's Convention was the most comprehensive and practical, were created. The paramount aspect of Bern's Convention is that all countries seeking to join the World Trade Organization must accept and comply with the principles stated under Article 9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Although, our country has not yet joined the WTO, sooner or later it must do so to protect its national interests. Then will it be the time for our laws on the copyright to undergo substantial changes. Hence, it is advisable to presently reconsider and update the Intellectual Property Laws and take one global step toward WTO by Joining Bern's Convention.

This writing assesses the enacted judgment related to the utilization of hyster-surrogate, that is, the Omoumat Judgment and the mother of a child who is born by this method. In this case, we assess four comments, that are mother who owns the ovum, the owner of the womb, bimaternity and rejecting the Omoumat and offering the comments of Islamic jurisprudents and their reasons based on the verses and traditions and the conventional regulations of relationship, the comment about this case that the owner of the ovum is the mother, have been accepted.

In the Islamic traditions, consultation has a high status and the prophet of Islam had to consult with people about executive affairs due to God’s commandments. Vulnerable religious leaders were also asked to consult with Muslims about their affairs and they submitted to the council’s results. And some religious commandments agreeable to Muslims are raised from the prophet’s companions council after his departure. Therefore, inferenced religious commandments can also be obtained by consulting those pronounce judgments, and the council pronouncing judgments can be a religious authority.This viewpoint doesn’t face any opposition and whatever indicates the necessity of imitation is itself a reason for lawfulness of pronouncing judgment through the council.

Eqaleh or accord in dissolution of contract, if the buyer remorse, is one of the business moral virtue. Eqaleh has different meanings. It Literally means neglect and technically means dissolution of contract if one of the parties remorse and ask the other party to dissolve it and he accept.But our basic questions are:1-What is Eqaleh and what is the difference between it and other subjects such as dissolution?2-What is the effect of Eqaleh in economics?3-Which of the lawful actions are not related to Eqaleh?In this paper, the author studies and criticizes Islamic jurisprudence's viewpoints about the mentioned subject.

Patronage time and competent person who would be responsible for it are important subjects. Scientists study it from different viewpoints. The author tires to show different viewpoints about this subject and present a new way. In this article there are two main questions as follows:1- Can we increase time of patronage for the mothers?2- What are rational ways to acquire it?

In regard to the fact that "taking possession" in real contracts is considered a building block or a condition for validity of such contracts.  Thus it seems essential to investigate conditions of validity of formation of "taking possession" in such contracts.In this regard, the following questions can be raised. First, is capacity and its continuation essential in the formation of "taking possession"? Second, if essential what is the relationship between that and satisfaction of the owner in "taking possession"? Third, is the emergency of "taking possession" one of the conditions for its formation?For each of these conditions, different views have been raised. Some regard permission a condition for the existence of "taking possession" Some other believe that the continuation of capacity is necessary. So in case of death, causes incapacity, the real contract is not nullified and his alternative.

It is generally accepted that judges of the courts like every other human beings are subject to make mistakes and since there would be some mistakes and errors at any legal procedure, It is necessary to control and supervise the method of trial and making of award; on the other hand, speeding up the trial and settling the disputes make it necessary to finish the trial at a stage and a point. Although to be careful at trail and monitoring on method of the trial of the courts at higher courts is very important, it should not be a matter to stop terminating the actions; therefore, in most cases, after the claim has been verified at two stages, it is assumed that the made award is according to the fact and it is absolutely forbidden to reopen the case. This principle is considered as the most fundamental rules of the trial which the verdict of the courts stops while the case is reviewed at the legal time of objection at two stage trial. At Shiite, there are different opinions about the permission of review at judge’s opinion; some will consider it permissible and the others will object to it. There has been little philosophical and rational discussion about it like other jurisprudence discussions. The present article clarifies the true opinion about this subject dealing with opinions of Shiite jurists.