LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2018 | Volume:10 | Issue:1 (27) |Papers Count:10

Despite many advances in the field of intellectual property protection in the world, the regulations of Iran with regard to the protection of intellectual property are confronted with many uncertainties and ambiguities and are not in line with international legal standards. In this regard, the "working group of legal system of Intellectual Property of Council Information Secretariat" in the past few years has prepared a draft including 180 Articles. This article examines the strengths and weaknesses of this draft, types of copyright, protected works, duration and conditions of protection, remedy for breach of the right, competent authority of settlement of disputes under the draft articles and Bern Convention. It should be noted that Iran is not still the member of an international convention on the protection of literary and artistic rights and if Iran joins WTO, it will automatically be bound by the provisions of the articles 1 to 22 of the Bern Convention.

There are different various approaches relating to priorities in application of remedies for breach of contract. Specific performance has been given the first priority among other remedies in Iranian legal system. However, under certain circumstances, applying the specific performance as the first remedy will not always implement the promisee's reasonable expectations and the promisee may prefer to terminate the contract as the first remedy. Therefore, this article seeks to propose an efficient way for applying contract termination with consideration of valuable principle of "pacta sunt servanda". In this way, since amendment to German legal system relating to the law of obligation in 2001 are significant, so comparative study between two legal systems can lead to remarkable results. This article examines an analytical and comparative approach with focus on how the promisee can terminate a contract with availability of specific performance and finally it presents the suggestion for Iranian legal system.

The principle of access to justice is composed of a set of legal and organizational factors for the civil justice system to provide accessible and effective judicial services. The principle of access is one of the strategic principles in the general theory of civil procedure, which has a moral basis and a functional approach. Among the features of the principle of access to justice should be easy access, free access and quick access to the courts of law. Easy access to the allocation of resources and judicial facilities is based on judicial accountability and ritual compliance. The principle of free access comes into effect once the process of judicial proceedings, such as litigation, private litigation, and compulsory advocacy starts. In the present paper, the concepts of access to justice will be Finally, some conclusions will be drawn on the principle of access to the judicial system. The approach taken in this essay is within the purview of comparative studies.

Where the criminal behavior of the offender leads to a more intense outcome than the result he is seeking, there occurs a special case in which men’ s rea is a form of intention named "transcendent intention" and the offense of committing is called beyond intention. The basic condition for such crimes is the existence of a prior intention for a crime and a resultant crimes which goes beyond the original malice. . The basic question of the research is that what is the nature of this crime – psychologically-intentional or unintentional element? In this research, with an analytical-descriptive method aimed at explaining the nature and basis of such a state, it has been shown that crime is beyond the intentions of an independent nature between intentional and unintentional. There are examples of these types of crimes in Iran's law, and there are some concepts in Egyptian law without the use of this term in the law. It is necessary in the general discussion of criminal law to introduce a kind of intention under the title "Transitional Intent" and to add a type of crimes under the heading "Transgressions beyond intention" in the course of deliberate and unintentional offenses, and the penalties should be proportionate to the nature of the crime.

As stipulated by the legislator, condition precedent contracts are acknowledged as valid agreements. Although the question of how to end the suspension period has not been stipulated by the Law in Iran, considering the New French Civil Code, Article 3-1304, it seems that there are two ways to end the pending period in contracts. In this article, in addition to introducing these two ways i. e. "termination in fact" and "termination in law" of pending period of suspended contracts, it has been proved that the procedures of pending period of suspended contracts are consistent with the basis of Iranian legal system. Therefore, termination in fact is a sort of realization of the will of both parties and termination in law is to apply civil liability rules. However, in order to refer to the rules of each type of termination, it is necessary to identify some special circumstances which are discussed in this article.

Because of deficiency in requiring the water user to efficient and reasonable use due to private ownership application in the Iranian water law, it is questionable that how can the legal system urge this user to rationalize its water usage? Since water is a strategic and threatened good, public law is needed to provide some main legal principals such as public authority, equality, public interest, public service and legal security to empower the government to apply more restrictive requirements to control water usage in the various sectors. This essay makes an attempt to apply these principles to empower the government in water usage regulating and interpreting reasonable water usage concept in administrative and judicial tribunals. Fair water usage management depends on theoretical and practical development of these principles.

One of the modern methods of conflict on the international stage is an attack that occurs in headstock of cyber space which can create widespread fatalities and vast damages. But fast changes in this area have caused international law not to legislate new rules fit for the protection of the cyber space. The concept of self-defense has been challenged under the attacks and in this area the possibility of exercising this right according to Article 51 of the UN Charter or customary international law, is an important question that has remained unanswered. It seems, if cyber-attacks penetrate into a country's vital infrastructure and potentially be destructive as an armed attack they will be assumed to be an act of aggression and the victim will have the right to self-defense. This essay will examine whether the right to self-defense is verifiable with regard to the particular case of Stuxnet.

Sometimes individuals, by doing a legitimate activity, while generating profits, cause others to be harmed. The more well-known rules of the Sharia's civil responsibility system, such as 'waste' and 'causation', cannot cover the compensation of these types of activitie. s The Shari'a civil liability system is pluralistic and is not limited to the rules counted. In such cases where the balance and the relationship between profit and risk have become contradicted, the benefit-risk rule derived from the terms "gain for risk" and "whoever benefits has to face the risk, " can be a good ground for compensating for such damages. The extract derived from these two terms is in conflict. Nevertheless, the precise explanation of the two terms by considering the "risk" as a ground can revitalize the risk-benefit principle and it serves as a fundamental rule in the field of civil liability and in the face of such damages.

South China Sea disputes among regional states have long been taken account of by the international community. China, is trying to establish its sovereignty claims over the SCS through different methods such as blocking foreign ships. But these activities have been opposed drastically by other sea powers specifically the U. S that seeks to prevent the existence of new customary rules through the FON. What is achieved in this paper can be also of use for the Islamic Republic of Iran as a target state. This paper in which an analytical-descriptive method is followed, scrutinizes the regional disputes and the relationship between PSI and the FON. It also evaluates the program as an effective mechanism for ensuring the implementation of the international law of the sea and, while introducing the US freedom of navigation program, we present our view on its legitimacy.

Recreation and participation in cultural, leisure and recreational activities, is considered as effective way for freedom from isolation, indication of creativeness, ensure health and enjoy the right to recreation and participation in cultural activities that is one of the rights listed in the Convention on the rights of persons with disabilities (article 30). The aims of this study are to explain various aspects of the right to recreation and leisure of persons with disabilities in international documents. Secondly. The present paper with analytical – descriptive study in the light of human rights standards explains obligations due to this right and concludes that realization of this human right, is necessary for providing all cultural and recreational facilities with regard to needs and provisions of persons with disabilities in the society, in the light of the principle of accessibility and non-discrimination. Also this paper proposes some alternatives for these rights by effective lawmaking and cultural policy making and appropriating urban space planning.