INTERNATIONAL LEGAL RESEARCH
Year:2022 | Volume:15 | Issue:55|Papers Count:40

Field and Aims: In the present era, one of the new challenges for the police is to deal with cybercrime. Given the vastness and networking of cyberspace, it must be acknowledged that tackling cybercrime will be due to the extent of the damage and the large number of victims, cross-border and the difficulty of detecting and prosecuting the perpetrator, and many other police-only characteristics. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and Conclusion: The criminal policy governing cybercrime in Iran relies more on government response with a focus on national security. The lack of police dynamism, the lack of international cooperation and the lack of a homogeneous police criminal policy structure at the global level have challenged the criminal policy of the Iranian police in the fight against cybercrime. Therefore, in order to achieve the desired result and facilitate international police cooperation in order to reduce the challenges ahead, as well as to build capacity in the fight against cybercrime, an effective coordinated international criminal police policy through international police cooperation mechanisms against cybercrime is necessary. And specializing in cybercrime units, providing equipment and facilities for advanced cybercrime hardware and software, adopting international frameworks for police cooperation in cybercrime, and establishing a coherent international police policy in the face of cybercrime.

Field and Aims: From the early national and international intellectual property legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step test of the Berne Convention, were legislate on the material rights of the authors of artists and literary works. As the purpose followed by the lawmakers of intellectual property is to protect the intellectual and material rights of the authors, the question arises that what is the reason for the existence of these exceptions that lead to the use of intellectual property without the permission of the creator? Method: This research has studied the relevant sources and collected information by descriptive-analytical method. Findings and Conclusion: With regard to reasons for anticipating these exceptions, it is concluded that there are some grounds for these exceptions, including the human rights protection, economic factors, welfare and social justice, technology development issues and in Iran jurisprudential grounds. The present article concludes only by addressing one of these principles, which is the protection of human rights, that the human rights approach leads to maintaining the balance between the rights of the authors and the interests the society has in using these literary and artistic works. Such human rights as the freedom of speech, access to the information and use of practical developments and participation in cultural life are among the basic grounds for imposing these exceptions on the intellectual property rights.

Field and Aims: According to the rules of international space law, states have an international responsibility for all space activities carried out in their territory. The growing activity of private actors and non-governmental organizations in the exploration and use of spaceand the need for continuous licensing and oversight of space activities by the government, raises questions about: What international obligations persuade states to develop their National Space Laws? What Requirements and necessities of space treaties enforce states to set out their national laws? What model have the leading countries in the field of space followed to regulate the framework of their space laws? Method: The present study has been done in terms of applied purpose and in terms of data collection by documentary method and by studying valid legal instuments and sources and the obtained information has been analyzed descriptivelyanalytically. Findings and conclusion: A comparative study of the national laws of the 28 leading countries in the field of space shows that all of them have used a series of similar legal topics. However, in enacting their national law, each country takes into account its national needs and security considerations and indigenous requirements, and the scope of its national law depends entirely on the scope of national space activities and the level of participation of non-governmental organizations and space policies. International requirements to enact national space legislation arises from the fact that states in order to exploit and use space, while paying attention to and fulfilling their international obligations under space treaties and other related legal instruments, the mechanism Provide for the issuance of licenses and oversight of governmental bodies, non-governmental and private space activities in their domestic legal system and accept responsibility for their actions.

Field and Aims: The invalidity has its own characteristics, coordinates and principles that are fundamentally different from other cases of contract termination, such as termination, etc. This cancellation may occur only in part of the contract and may result in its partial cancellation. In order to protect the rights of victims from minor invalidity, different solutions have been proposed in different legal systems. The right to terminate the correct part of the contract is one of the solutions that is accepted in the jurisprudential and legal system of Iran and is referred to as the "option of discrimination". In this study, while comparatively studying and examining the principles of this right of termination, the aim is to examine the acceptance of such a right for the victim of partial invalidity of the contract and its compliance or non-compliance with justice and fairness and legal principles. Method: In this research, analytical and descriptive methods have been used. Findings and conclusion: The right of termination is not only not contrary to the "principle of necessity of contracts", but also in accordance with the important jurisprudential rule of "no harm" and also in accordance with justice and fairness. Of course, the absoluteness of this right can be contrary to the above rules, and it is necessary to imagine limitations such as "desirable unity" and "desirable plurality" for it. The right of termination in the event of a partial annulment of the contract is not provided for in common law and as an option of sectarian discrimination in Iranian law, but it can be reconciled with some cases of the right of termination provided for in English law.

Field and Aims: The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately and with dignity during the trial and detention. The principle is based on freedom, and the arrest of individuals is an exception to this principle. Hence, this exception conflicts with the principle of immunity of citizens from arbitrary arrest or detention, which is rooted in the principle of innocence, and this requires that the legal criteria for the arrest and detention of individuals be precisely defined. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: In addition to the rights of the interrogation and preliminary investigation, in particular the right to be informed of the charges and the rights of the accused, detainees have the right to be immediately examined by a competent judicial authority to verify the lawfulness of the detention and enjoy other legal rights. And also to protest their legal detention from the beginning of their arrest until their release. Of course, it must be possible to compensate these detainees if their detention is illegal. This is the minimum legal rights of detainees as enshrined in the Code of Criminal Procedure and the Rules and Procedures of Case Courts and the International Criminal Court.

Field and Aims: The first international document establishing obligations and obligations for signatory states to criminalize the laundering of illicit proceeds under domestic law is the United Nations Convention against Narcotic Drugs, adopted on December 19, 1988, known as the Vienna Convention. The purpose of this study is to investigate the possibility of developing the jurisdiction of the International Criminal Court based on the said convention. This development will affect the policies of countries involved in drugs. The main question of the research is considering the articles and provisions of the Vienna Convention against Narcotics and Psychedelics 1988, how is it possible to develop the jurisdiction of the International Criminal Court to investigate drug crimes? And what impact the development of the competence in question will have on Iran's counter-narcotics policies. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: The findings show that the 1988 Convention on Territorial and Flag Jurisdiction addresses the issue of dealing with narcotics crimes and that it is possible to extend the jurisdiction of the International Criminal Court to narcotics crimes. If the development is identified, Iran's security plans to combat drug trafficking will change.

Field and Aims: Although genocide was not an independent crime in the past and was subject to crimes against humanity, the severity and heinous nature of the acts, as well as the special malice that is unique to this crime, quickly recognized it as an independent crime in international documents. This crime has been committed against various groups throughout history, the most recent of which is the Rohingya Muslim. Therefore, while examining the concept and nature of this crime, we study what are the legal dimensions of the genocide of Rohingya Muslims? Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: Although genocide is prohibited and criminalized in international instruments, including the Treaty on the Elimination of All Forms of Discrimination against Women and the Rome Statute, it is one of the crimes that is now a customary international law that obliges all non-member states to commit such acts. Numerous crimes have been committed against Rohingya Muslims so far, and the government has played an important role in committing and intensifying these crimes, in accordance with the examples of genocide in international instruments such as murder, grievous bodily harm, and deliberate deprivation of life. And measures to prevent childbirth, genocide are being committed in Myanmar.

Field and Aims: Iran has been under unilateral US sanctions for years, and the scope of these measures is increasing every day. From the seizure of Iranian property and assets to the threat of seizure of Iranian oil tankers shows the growing tensions. In this regard, the main purpose of this study is to examine US actions in imposing sanctions and seizing Iranian oil tankers from the perspective of international law. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: The rule of judicial immunity The government has accepted exceptions following changes in the international legal system, including the exemption of tenure and the adoption of the doctrine of limited immunity. Regarding the imposition of unilateral sanctions, there is no explicit text in the Charter of the United Nations that states agree to exert pressure through sanctions in various fields, and therefore, these actions of the United States have no legitimacy. Regarding the US action in seizing Iran's export oil, it should be said that this measure lacks legitimacy in terms of the principle of equality of states, in terms of international rules of the law of the sea and in terms of the principle of protection of state property from seizure by domestic courts.

Field and Aims: The concept of abuse of urgency in its general sense includes both emergency transactions resulting from reluctance and includes emergency transactions that, in the specific sense of the word, abuse the state of emergency. Since Article 206 of the Civil Code considers emergency transactions to be valid, many traders, aware of the state of emergency and special distressing circumstances, take advantage of this situation and enter into a transaction with distressed persons. So, the question that comes to mind here is what is the guarantee of such transactions in Iranian and French law? Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: In the law of most civilized countries, such as France, contracts based on the abuse of urgency are distinguished from emergency transactions and are subject to separate provisions. In our country's law, Article 179 of the law, which is adapted from the law of France, deals with this issue and in such cases, for the distressed, the right to amend the contract is considered. Accordingly, various opinions have been expressed about distressed transactions in case of abuse of urgency, which can be summarized in five comments: 1-The validity of the transaction 2-The validity of the transaction with the right of termination for the distressed 3-No influence of the transaction 4-Transaction,It seems that considering the realization of the spiritual element of reluctance, the non-influence of the transaction in this case is more compatible with legal logic.

Field and Aims: Arbitration litigation is not always without its drawbacks, so the legislature has considered ways to invalidate arbitral awards, one of which is through retrial. Of course, this issue is controversial among jurists, because some do not consider the retrial as part of the arbitral awards and consider it possible only through the authority and the court that determines the arbitration, but others have foreseen the retrial in the arbitral awards. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: An important issue is the determination of the competent court to consider the annulment of the arbitral award. There are differences of opinion on this issue as well, as national legal systems may also claim jurisdiction over the annulment of arbitration. Therefore, only the national courts can hear the request for annulment of the verdict, which according to the criteria accepted in the relevant legal system of the court, the verdict of the petition for annulment is considered internal to that country. Therefore, in this study, ambiguities and conflicts in the field of retrial and competent court to cancel the arbitral award were resolved.

Field and Aims: Participating in a lawsuit involves costs for the parties involved, including the court, the plaintiff and the defendant, and the legal system governing these costs plays an important role in achieving civil justice. A comparative study of the provisions governing the provision and compensation of legal damages in the law of Iran and the United Kingdom better shows the shortcomings of the current Iranian laws in this field and is effective in correcting them. Method: The present research has been compiled in a descriptive-analytical manner with a comparative view of various documentary sources and studies in Iranian and British law. Findings and conclusion: The legislature, in order to guarantee possible damages, has made it possible for the plaintiff to cover his costs, which, in view of the lack of a proper mechanism for forecasting the duration and quality of proceedings and estimating costs, is a shortcoming compared to a similar institution in English law. There are some. Also, in order to compensate for definitive damages resulting from court costs and other court damages, following the rule of "post-event costs", damages have been transferred so that no damages remain without compensation. However, in Iranian law, unlike in the United Kingdom, not giving the judge the power to review the circumstances of the case and the litigants, in addition to the possibility of abuse of the institution of fictitious litigation, also leaves the door open to abuse the right to sue and these shortcomings The unwillingness of the defendants to settle their dispute out of court and the abandonment of the principle of good faith in our judicial system is crystallized.

Field and Aims: Violation of competition law and the commission of the criminal phenomenon of disturbing economic competition reveal the need to provide for appropriate legal response. Leading the process of issuing rulings and implementing these measures requires the establishment of legal institutions that are subject to a system of multiple jurisdictions in the European Union and follow the principle of unity in Iranian competition law. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: In both systems of criminal policy, the application of criminal repression, as the last resort in the chain of legal measures, is exclusively within the jurisdiction of the competent national courts,With the difference that in Iran's legislative criminal policy, its role is more prominent than the European Union and has created challenges. Nevertheless, the attention of both criminal policy systems to the need for diversity of response measures to the so-called criminal phenomenon is inconceivable and has led to the prediction of mechanisms based on noncriminal repression.

Field and Aims: One of the basic foundations of transparent government is the right of citizens to access information. This right is one of the most important examples of intellectual freedoms, because with the help of accurate and measured information, people can cultivate their thoughts and minds and publish their thoughts. But sometimes it encounters obstacles that make it difficult to achieve the desired goals. Therefore, the question arises that what obstacles and challenges does freedom of information face in Iranian law? Method: This research has been applied in terms of purpose, and in terms of data collection by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically. Finding and Conclusion: The legal system of free access to information is one of the basic elements of democratic governments and the most essential tool for guaranteeing fundamental freedoms, including the right to freedom of expression and the right to self-determination. On the one hand, the right to seek or access information can be considered one of the most essential elements of freedom of expression, and on the other hand, democracy can not guarantee a bright future without guaranteeing the right to information. The right to information has two narrow and broad meanings. This right, in its narrow sense, envisages freedom to seek information, but its broader concept includes the right to access information or the right to receive information. A comprehensive interpretation of the eighth principle of the Constitution of the Islamic Republic of Iran justifies this right in the constitutional rights of our country. The legal system became the subject. Nevertheless, the recent law has its drawbacks, obstacles and challenges that have been mentioned.

Field and Aims: The right to social security is one of the fundamental human rights that has received special attention in human rights instruments. Therefore, paying attention to the issue of social security is one of the criteria of good governance, which is one of the important indicators of compliance with the human rights obligations of governments. One of the issues that is considered in the field of social security is the issue of retirement, which in this study examines the legal system of social security pension in Iran in the light of fundamental human rights. Method: This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically. Finding and Conclusion: Social security as one of the characteristics of social security and a human right is based on various principles such as the principle of inclusiveness, equality and human dignity, which originate from the principles of the obligations of governments under international human rights instruments. Pension fund challenges also include inefficiency in public administration, weakness in the regulatory system, and financial instability. Not all sections of society enjoy the benefits of social security and retirement support in old age, and this has violated the principle of universal social security, and the lack of a specialized authority to handle social security claims is another benefit. Inflation, dispersion and abnormal complexity of social security pension laws and regulations are other issues and problems observed in the Iranian social security pension system. In addition, another proposal to reform the legal system of social security pensions is to review some laws in the field of pensions.

Field and Aims: One of the tools to guarantee the implementation of general international law is sanctions against countries, which were placed in the hands of the United Nations Security Council based on the United Nations Charter, so that according to it, it can deal with international crises that threaten global peace and security. to manage The sanctions of the Security Council against Iran are derived from the seventh chapter of the United Nations Charter, which talks about "threats or violations of peace in the world". One of the targets of these sanctions are the banks, and in this article we will discuss the international regulations governing their sanctions. Method: This research was carried out in terms of practical purpose and in terms of gathering information in a documentary way and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner. Findings and Conclusions: The Council of Ministers of the European Union has so far approved various and numerous sanctions against Iranian banks in the form of independent resolutions. EU sanctions require all member countries to comply with them, and the cancellation of sanctions is done by the Council of Ministers of the European Union by approving a plan in this council. In fact, the government of the United States of America and the European Union with this action,It has violated the treaty obligations, the rules related to the international responsibility of the governments and the specific obligations of the US government not to interfere in the internal affairs of Iran, and the European Union also violated the resolutions of the Security Council as well as articles 24 and 25 of the United Nations Charter and Even articles 53 and 103 of the charter (without the permission of the Security Council) sanction the Islamic Republic of Iran, and even these cases are in conflict with article 59 of the plan of international responsibility of governments, which were among the reasons for conducting this research.

Field and Aims: Biodiversity is one of the main elements of environmental care and the source of human life on the planet and includes plants and animals that live and interact in water, land and air. As technological advances provide more opportunities to exploit the natural resources of the oceans, so do threats to biodiversity. Due to the importance of marine biodiversity in areas outside the national jurisdiction and the increasing use of its resources, the international community's concern for the protection of biodiversity in these areas has increased. Gaps in the legal system of maritime areas outside national jurisdiction double the need for effective action to protect the marine environment in these areas. Method: This research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner. Findings and Conclusions: In order to protect this marine environment, there is a need for the adoption of rules and regulations at the international level, which should be respected by the subjects of international law, because despite the multilateral agreements, conventions and agreements, there is still a binding mechanism. Regarding the protection of the environment, there are no high seas, therefore, given the current commitments of governments in the field of biodiversity protection in the high seas, the need for the adoption of a binding document is felt more than ever.

Field and Aims: Civil liability have specific functions both in relation to the victim and in relation to the cause of the loss and in relation to the target society. Perhaps the principle of the necessity of compensation can be considered the most important principle governing civil liability. The issue of multiplicity of causes is dedicated to examining the effect of various causes in relation to a single loss. This may be in the form of a collection of the above-mentioned causes that form a single source independently in a longitudinal or transverse way to guarantee the creation of damage, or that multiple causes are independent and each cause is considered. The condition for the realization of responsibility is the existence of a relationship of causation, and this means that the relationship of causation is placed next to other conditions of responsibility. That is, if the relationship of causation is not established, there will be no responsibility. Method: The present research was carried out using a descriptive-analytical method. Finding and Conclusion: In this research, an attempt has been made to compare the mentioned issue in the laws of Iran and Islamic jurisprudence, as well as in the current laws, including the civil law, the Islamic Penal Code approved in 1370 and the Islamic Penal Code approved in 1392. With the changes brought about by Article 526 of the Islamic Penal Code of 2013, in the state of community, the cause and the steward are basically both responsible, with the difference in the impact of the intervention, the responsibility will be relative and the trend with material and objective factors in Iranian law is more It is one of the blameworthy and immaterial factors. The guarantee of the first cause in the effect, which is famous in the case of long association of causes in Iranian jurisprudence and law, is not dissimilar to the same guarantee of the cause and the primary agent against the dependent intervening agent. A steward who commits a crime and harm under the influence of the primary factor is responsible in Iranian law, as long as he is not deprived of his will.

Field and Aims: Football has been commercialized and turned into an industry over time. The importance and global impact of football has led to large investments in this sport, which may lead to disputes. This form of disputes is known as sports disputes, and in the current research, we seek to investigate what is the origin of football disputes. And what methods are foreseen in the Iranian system and the international system to solve it? Method: The present research was carried out using a descriptive-analytical method. Finding and Conclusion: Sports disputes are a type of disputes that refer to professional sports that are directly in the field of sports law and include the rules governing sports, the organization of clubs, establishing discipline in the territory of each sport in order to force Athletes and those involved must obey the decisions and observe the limits and limitations of sports activities and observe the foundation of ethical principles. Sports disputes in the field of football may be criminal or legal (due to civil liability or violation of contractual obligations). In Iran's legal system, there are two ways to resolve sports disputes, one of which is through judicial authorities and the other is through quasi-judicial authorities (self-regulation). Regarding football, according to the provisions of the legal pillar in the constitution of the football federation and also the judgment of the Supreme Court of the country, handling the lawsuit is within the jurisdiction of the judicial pillar of the federation. In the international arena, there are institutions to resolve sports disputes. These authorities include football confederations, FIFA Dispute Resolution Authority and the Court of Arbitration for Sport.

Field and Aims: Context and purpose: The human rights approach to development has led governments to adopt policies in the national dimension in order to realize the goals of the right to development and its optimal implementation. In this process, governments, while redefining themselves in the form of good governance, should also provide platforms for citizens' free participation so that the economic, social, cultural and political development of citizens is realized in the shadow of limiting the size of government interference and the prosperity of the private sector. Based on this, we are witnessing the formation and growth of knowledge-based companies. Based on this, while studying the nature of knowledgebased companies, we will investigate what role and position knowledge-based companies have in realizing self-sufficiency and economic developments. Method: The present research was carried out using a descriptive analytical method. Finding and Conclusion: Many international documents, including the Covenant of Civil and Political Rights, the Covenant of Economic and Social Rights, as well as the Declaration of the Right to Development, require governments not to be passive in order to realize the right to development, and to establish the grounds for its implementation, especially in the economic field. to provideIn Iran, although the country is trying to achieve the process of legal analysis and strengthening executive methods to achieve independence and self-sufficiency, knowledge-based companies lack New and advanced scientific facilities and equipments and the lack of international commercial scientific communication in attracting new knowledge due to economic sanctions and preventing membership in the World Trade Organization, weakness in macro planning to achieve self-sufficiency and cultural and social roots, as well as the instability of commercial diplomacy. And the politician has not been very successful in realizing this basic principle of the constitution.

Field and Aims: The sanctions imposed on Iran, especially the unilateral US sanctions on the economy, have encouraged policies to be adopted in order to maintain the economic structure, and the resistance economy is one of these policies. In recent years, this policy has formed the basis of planning in the field of economy. On the other hand, the issue of the right to development, which is mentioned in international documents and domestic documents, especially the five-year development plans, emphasizes on policies in order to realize the right to development. Therefore, it is a question whether it is possible to realize the right to development in the light of resistance economy. Method: The present research was carried out using a descriptive analytical method. Finding and Conclusion: The theoretical foundations of the resistance economy are based on the honor of Muslims, the respect of friendship with infidels, the avoidance of extravagance and waste, and the respect of being similar to infidels. Also, the rule of negation of domination and the rule of negation of qarar, the rule of negation of divorce and hardship(use wa harsh), the rule of preserving, the rule of governmental ruling, the rule of the more important and important, as well as the verse of the promise of Lahum Mastatatam, Al-Mu'minun, when they are on their terms, as the bases for Analysis of resistance economy is significant. Regarding the resistance economy as a model of development, it should be said that the implementation of the resistance economy model requires conditions and situations such as popularizing the economy, empowering the private sector, reducing dependence on oil, developing knowledge-based companies, supporting national production, and fighting corruption. economic, management of consumption, productivity, management of foreign exchange resources, activation of economic diplomacy, preservation of national unity and cohesion, localization of technology and endogenousness.

Field and Aims: In voluntary transactions such as sale and lease, the balance in the contractual rights of the parties to the exchange contract or any other contract where the balance of rights is one of the motivations of the parties to the contract,Whether it is a exchange contract or not, it is necessary that the rights of the parties to the contracts are equal, like two sides of a scale. The rule of balance or exchange justice is related to the field of private law and relates to relations between people and includes the need to establish balance in civil responsibility (extera contract) and balance in exchange contracts. Based on this, in this article, we are going to discuss what is the position of commutative justice in exchange contract in the laws of Iran and Egypt. Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: The results of the research showed that, in the legal system of the two countries of Iran and Egypt, the commutative justice in cases such as,The right to imprisonment, the rule of distraction of the sold befor delivery and legal options appear and were considered as justifications and reasons for this theory. Iran's civil law has implicitly covered this law. and in Egyptian law, commutative exchange are clearly stated in exchange contracts.

Field and Aims: Internet communication is a new issue and civil liability is an old issue that can include Internet communication in its various dimensions. In cyber space and internet exchanges, many people are involved in communicating and storing and transferring data, which can cause loss or damage. Based on this, in this research, we are going to investigate what is the basis of the civil liability caused by Internet communication in the laws of Iran and the European Union? Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: Civil liability caused by Internet communication in Iranian law, according to the establishment of elements such as loss, harmful act and causation, it is clear that the European Union has accepted elements such as the ability to predict loss in the context of the negligence. Considering that the foundations of civil liability in Iranian law are closely related to jurisprudence. It can be said that the foundations of civil liability caused by internet communication in jurisprudence can include several cases such as the rule of supremacy, causation, ehsan and domination. Also, the basics of civil liability caused by Internet communication in Iran's legal system also include such things as the theory of negligence and the theory of risk. In the European Union, the basis of civil liability arising from Internet communications is different from Iranian law. In the European Union, the only basis of civil liability arising from internet communication can be studied in the judicial procedure and laws of this country, and hence, it is possible to refer to the bases such as predictability of loss, ascertainment of negligence, Unitarianism and risk.

Field and Aims: The criminal policy of the Supreme Court of the country in crimes against security faces major challenges for various reasons. The most important challenges of the criminal policy of the Supreme Court of the country in crimes against security are: lack of attention to scientific findings in various fields to achieve well-documented principles and theories, the pivotal functions of security based on The central preservation discourse that still has no alternative after 40 years of the establishment of the Islamic government. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: The extreme effectiveness of criminal populism due to the expansion of communication and social media in the process of investigation, sentencing and execution, the desire to satisfy international and global opinion and international organizations and institutions. Despite the laws and regulations that are strongly criticized by these authorities, the lack of dynamism and lack of coordination between the court's judicial policy and legislative policy in crimes against security and some other technical challenges in the judicial process, such as determining qualifications, violations The principles of fair trial as a main and effective solution that can put the Supreme Court on the right path to adopt an efficient and justice-oriented criminal policy. Therefore, it can be said that taking advantage of the experiences of other countries in dealing with these crimes and greater interaction of the court with security institutions such as the Supreme National Security Council, the National Security Commission of the Parliament and the Ministry of Information can be effective in solving the challenges.

Field and Aims: Today, in the process of concluding and implementing electronic contracts, the role of intelligent software agents is irreplaceable and undeniable. Softwares that are a tool to express the will of the users and as intelligent software entities have the ability to react independently to the events and changes around them and answer their own issues. Due to the software nature of these factors and the speed of electronic transactions, as well as the possibility of intentional or accidental data changes in the request and acceptance message, the occurrence of errors and mistakes in this type of contracts is more common, and this question occurs when assuming Occurrence of errors and mistakes, can this type of intelligent software, which some experts have considered as having personality, be considered responsible or not? Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: Electronic software, even if it is super intelligent, is only a means and a tool to declare the will, and intelligence is not an inherent characteristic of these software, and they do not have personality, so as a general principle, when the creator uses these software The responsibility for the actions taken by the software is towards the original creator and the software is not responsible.

Field and Aims: The partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’, s properties and capitals, agree to cooperate in a specific business and share the profit and loss between themselves in proportion to their portion. However, in practice banks use a category of contracts to decrease the risk of repayment of such loans, increase of profit and avoid from imperative profit rate. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: added some conditions in the contracts of guarantee, settlement of account, donation and etc. in order to reach the fixed rate of profit they expect in exchange contracts in the form of partnership. Including such conditions in such a contracts lead to substantive exit of contract from common definition of partnership contract. But the operation of banks in economic analysis of law is nothing except to try to earn profit and avoid loss based on the theory of reasonable behavior in economy. So, it seems the first step to amend this defective cycle is consider the problem of inflation and decrease of value of money as one of the facts in country's economy. The solution is to finance partnership projects by banking investment funds or it is independent from banks.

Field and Aims: The transaction with the right of restitution and the condition of retaining ownership is one of the controversial issues in Iranian law. In English law, the condition of retention of ownership is explicitly stated in the law, and according to the said condition, the transfer of ownership is not transferred to the buyer until the condition is fulfilled. But in Iranian law, this issue remains silent. In this article, an attempt has been made to examine the transaction with the right of restitution and the condition of maintaining ownership in Iranian law and British law. Method: The present article is descriptive and analytical and the library method was used. Finding and Conclusion: In Iranian law, it is not possible to sell a condition regarding registered immovable property and real estate, and if such a sale takes place regarding this property, the legislator assumes it as a transaction with the right of restitution. In Iranian law, the term "transaction with the right of restitution" subject to Article 33 of the Real Estate Registration Law is not limited to sales and refers to real estate. In English law, mortgage in the form of a mortgage contract is crystallized in two ways, legal mortgage and compulsory mortgage, while in Iranian law, such arrangements were not achieved by extracting the provisions of the collateral contract in the set of numerous and scattered laws. Regarding the security right, with a comprehensive approach, it is necessary to accept the certification of all material and immaterial property, which requires the creation of different contracts from the civil law mortgage contract. Of course, the establishment of the trading institution with the right to return the registration law is considered a positive step in this field.

Field and Aims: Today, the most important criteria for defining the principle of "need to observe legal and fair procedures" is to protect the human person against the arbitrary behavior of governments, and against the arbitrary suspension of fundamental human rights and freedoms. Failure to comply with the principles of necessity and proportionality, which is required by this principle, especially during criminal trials, causes the international responsibility of governments. Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: The right to access to an impartial and independent court, the right to a speedy trial, the principle of acquittal, etc. are among the rights that, along with the rule of law and judicial independence, are closely linked with other elements, especially "democracy". And "legality" constitutes the content of the principle of the necessity of observing legal and fair procedures. This principle is an attempt to reduce the authority of the government to the level of a principled and legal system, and it is a guarantee that human beings are not deprived of life, freedom and property. Therefore, the principle of the necessity of observing legal and fair procedures, without being specific to a fair trial or judicial independence, is addressed to the whole of the government, and therefore, actions outside the scope of the powers of the executive branch of the government, as well as the imposition of unprincipled laws and regulations or invalidated by the legislators.

Field and Aims: Arbitration, as an alternative institution to proceedings by the courts, along with the progress of the business environment and economic development, becomes more prosperous and widespread, therefore it is necessary to support a healthy economic and working environment and accelerate the resolution of disputes., the ambiguities of arbitration rules and regulations should be resolved and the legal loopholes that cause people's lack of trust in the arbitration institution should be removed. One of these loopholes is re-examination of a category that has been settled by an arbitrator once. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: If there are reasons such as a secret document or proof of trickery and fraud or forgery of the document, the courts can return to the disputed issue according to the article of the principles and rules of civil procedure and in the form of a mechanism that is determined in the law for resuming the proceedings. handle,However, such a mechanism has not been accurately predicted in arbitration discussions, especially internal arbitration, even though this has been a problem and its void is felt more and more every day.

Field and Aims: Currently, technology has expanded so much that without a doubt, its access and development indicators have become one of the necessities of human societies, that is why the transfer of technology in international trade is considered one of the important necessities, and knowing the goals, methods the way of transfer, influential issues and its support are very important. Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: The results of this research show that the protective rules of intellectual property facilitate the process of technology transfer in the field of international trade. In this field, there are many models, agreements, treaties, etc. Which of them is of great importance globally. However, the initial agreements presented lacked the protective aspects of intellectual property and prioritized other factors effective in attracting foreign investment and technology. But newer models focus on strengthening aspects of intellectual property. protection and rely on removing other barriers.

Field and Aims: According to the first principle of the constitution, the establishment of the ruling system in Iran is compatible with republicanism and Islamism. For this reason, policy-making in Iran, including legal criminal policy, is derived from Islamic jurisprudence and in national decision-making with the participation of the people. However, since some legal thinkers such as Mrs. Delmas Marti believe that the Islamic model of criminal policy is similar to the inclusive authoritarian model due to lack of knowledge of Islam, the Islamic model of Iran's legislative policy may be assumed to be a (more total) model. Method: The current research is applied in terms of type and purpose, and descriptive in terms of nature and method, and information was collected through document review and data collection. Finding and Conclusion: The present research aims to prove the difference between the Islamic model of legislative criminal policy and the inclusive authoritarian Western model, because the model of criminal policy in Iran is derived from the Republic and Islam and the jurisprudential and religious political system and is far from Islamic ideas. It has meaning with the inclusive authoritarian model. As a result, the inclusive authoritarian model is completely different in terms of the form of the government and the way of legislation and civil participation of individuals and social institutions, and it cannot be accepted that the Islamic model has a semantic or structural affinity with a more totalitarian model, and for this reason, the legal criminal policy model of Iran is derived from the political paradigm and discourse. It is an independent model of the Imamiyyah religion in which, in addition to guilt and deviance, other components such as Hudud, retaliation, Diyat, which have Shari'i and jurisprudential roots, play a role, and the spirit of these components is different from the more total model.

Field and Aims: The independence of judges and judicial justice systems has deep roots in jurisprudence and religious beliefs. In Iran, the legislator of our country, based on the constitution which is rooted in Islamic jurisprudence, has foreseen the independence of the judiciary and the judge in the constitution, and this law has guaranteed the independence of this branch. The independence of the judge and judicial system is considered as a principle of fair and just proceedings in all the legal systems of the world today and it is a basic guarantee for the realization of a fair trial without which the realization of justice is not possible. Method: The present research was carried out using a descriptive analytical method. Finding and Conclusion: The independence of judicial authorities has been accepted in international documents and Iran's legal system, in the principles of the constitution, which shows the freedom of the judge from any interference and influence of other authorities. Judicial independence means that the judicial system, especially the judge, is not influenced by non-legal factors and the prohibition of the intervention of those with power and wealth in the proceedings. Since the observance of this principle is considered a prerequisite for the administration of justice, the protection of citizens' rights and the provision of their legitimate freedoms, its observance has been the subject of consensus in all legal systems, although different guarantee mechanisms have been used. Therefore, despite the existence of legal provisions, the principle of judicial independence in Iran's legal system has not been fully actualized and has fundamental flaws that require the amendment of some relevant laws in this regard, so that, as a result, the principle of judicial independence in Iran's legal system is also international law to be realized.

Field and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract? Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act, regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition, the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection.

Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to the general topic of "property" in the first volume. However, the topics related to the rights of obligations, contrary to being separate in the Roman-Germanic system, are included under the title of "contracts, transactions and requirements" as well as "claiming contracts" despite being modeled on jurisprudence and with the aim of combining the two systems, under the general title of "property". are The present research aims to introduce and place credit containers in realizing the effects of financial legal relations. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: From the point of view of subjectivity, ordering the financial legal relations of individuals in jurisprudence is explained by the two credit containers of "liability" and in the western system, these relationships are regulated by the credit container of "property". For this reason, the philosophy of creating credit vessels, in addition to the mentioned case, is to create minimum dependence of property on individuals and also to give it authenticity in order to facilitate the demand and transfer from one person to another. Therefore, in order to combine property rights and obligations rights, the civil law has established some kind of communication and interaction between credit vessels in order to regulate financial legal relations.

Field and Aims: In the course of performing its duties, the municipality may cause damage to others, which is considered in the field of civil responsibility. The legal basis for the civil liability of municipalities is Article 11 of the Civil Liability Law approved in 1339. The main purpose of the rules of civil liability is to compensate for the damages and repair the damages, and the municipalities are not exempted from this rule. What constitutes the subject of this article is the investigation of the civil liability of related parties in constructions that lack technical, engineering and urban planning principles, therefore, while recognizing the responsible persons. In such projects, including the employer, contractor, supervising engineer and municipality, we intend to clarify and investigate the responsibility of each of these persons. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: The findings of the research have been carried out on the basis that the failure of the municipality in the implementation of legal duties in such a way as to cause the occurrence of an accident or its spread and damage to the lives and property of individuals, what responsibility does it bring, because the attribution of damage to each of Legal and natural persons are guaranteed in accordance with the general rules of civil responsibility and in relation to the municipality according to Article 11 of the Civil Liability Law, therefore, with this definition, everyone must be responsible for their actions and compensate the damage they have caused to the third party.

Field and Aims: Regarding reluctance in murder, the closest opinion to the consensus of Shia jurists is that the one who is reluctant will be punished and the one who is reluctant will be sentenced to life imprisonment. Of course, Ayatollah Khoei believes that the reluctant person can commit murder, in which case he is sentenced to pay the ransom, and the reluctant person is sentenced to life imprisonment. His documentary is that in such a case, two incommensurable duties have arisen for the reluctant person,On the one hand, it is forbidden to kill another person, and on the other hand, self-preservation is obligatory, and since he cannot comply with both obligations, he has the authority to do either of them if he wants. Of course, although the retribution is not fixed on the steward due to the lack of title, but the payment is fixed on him in any case,Because the blood of a Muslim is not wasted and the one who refuses will be sentenced to life imprisonment. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: Although his opinion is not accepted in the Islamic Penal Code, but this opinion is sometimes more consistent with external reality and people commit murder in such a situation. In these cases, the reluctance person can be sentenced to self-retribution and considered to be the cause of the misbehavior. It seems that the late Khoi's point of view is defensible from the point of view of criminal law in the case where the reluctance reaches the point where it prevents the ability to measure profit and loss from makraa and obligates him to commit murder against his inner will (al-ja'a), perhaps for this reason It is a foreign fact that the legislator passed Article 380 of the Islamic Law in 1392 in line with the opinion of famous jurists.

Field and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and has common characteristics in the laws of Iran and Egypt. As a type of lease contract between lessor and lessee, goodwill has always had dark and ambiguous points in it. Method: The research method is descriptive and analytical. Finding and Conclusion: In Iranian law, goodwill is associated with the lease contract, so if goodwill is transferred to the lessee, the owner does not have the option of renting it to a non-lessee. Also, in the leases subject to the Law of Landlord and Tenant Relations 1376, goodwill does not exist independently of the lease relationship and is a matter that is realized only by the existence of the lease contract,Therefore, if there is no reason for the occurrence of the lease contract,The claim is not required to prepare an official peace document. The characteristics and common characteristics of the lease contract in Iranian and Egyptian law are: exchangeability of the lease contract, consensuality of the lease contract, necessity, temporaryness, gradualness, etc.

Field and Aims: Contracts are the most important factor in the legal communication of people in society, and from this point of view, people can organize many of their affairs under the law. But in some cases, there may be differences between the parties in the implementation or violation of contractual obligations. At this time, the judge must determine whether the contractual obligations have been fulfilled or violated. But the judge must have criteria for this in order to enforce or violate the contract. Method: The present research was carried out with a descriptive analytical method. Finding and Conclusion: Regarding the criteria, it should be said that the judge should consider some cases when hearing the statements of the litigants and accept or reject them accordingly. These cases include that, (a) the person gets shocked due to the turmoil of emotions when making involuntary statements. (b) The person tries to make something look bad. (c) Regarding the statements of a child, the court should measure the children's intelligence and moral development using the methods that the judge deems appropriate and persuasive for him, and then listen to his statements and give them the necessary value as evidence. Finally, it can be concluded that there are provisions in English law for the subject of contractual obligations, but in some cases the decision about it has been left to the discretion of the judge, which is something like judicial legislation.

Field and Aims: One of the most important crimes that has increased in the last few years due to various economic and social problems in the society is buying and selling children, for this reason, in this research, the investigation of Iran's criminal policy regarding this crime is carried out. For purposes such as determining the judiciaryal, legislative and executive criminal policy of Iran regarding the crime of buying and selling children, we studied criminal and preventive solutions for this crime. Method: The present research is descriptive and analytical. Finding and Conclusion: The findings of the results and this research showed that this issue is criminalized in both domestic and international laws aimed at children, this crime, along with many other crimes and deviations such as violent crimes such as murder, assault Harming children or sexual crimes and pornography with children, their use in drug gangs and body organ trafficking, begging and theft, etc., and their main cause has been legal, political, social, cultural and economic issues.

Field and Aims: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment creates a more favorable environment for committing economic crimes than the economic systems of other countries due to suffering from many injuries, The spread of economic crimes prevents the government from achieving its national goals in the field of economic security, and public crimes endanger affairs. The goal of the research is the pathology of Iran's criminal policy approach to economic crimes. Method: The current research is done in descriptive and analytical method. Finding and Conclusion: The lack of providing a clear definition of economic crimes, numerous legal authorities in the field of economic crimes, pluralism in judicial criminal policy, the approach of criminal populism in dealing with economic crimes, the lack of a coherent and unified criminal policy and the security orientation of criminal policy in economic crimes, among the challenges. And the damages in Iran's current criminal policy are related to economic crimes.

Field and Aims: Although is the principle that after the renewal of the contract, the contractual obligations are implemented, but the conditions for the implementation of a contract are not always ready and in some cases the implementation of a contract becomes impossible. This has been taken into consideration in both domestic and international regulations. Based on this, in this article, we are going to investigate what solutions are foreseen in Iranian law and international regulations in case of failure to execute the contract? Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptiveanalytical manner. Finding and Conclusion: Jurists and jurists have justified the nullity of a contract whose meaning is impossible to fulfill, in one of the following ways: firstly, the obligation of property, secondly, lack of taxation and the necessity of Gharrar, thirdly-consensus, fourthly-the necessity of the height of the contradictions and Fifth-It is the foundation of wisdom. Regarding the conditions for the fulfillment of the impossibility of performing the contract in Iranian law, it has been established that the defaulter is sentenced to pay damages when he cannot prove that the non-performance was due to an external cause that cannot be attributed to him. Regarding the impossibility of fulfilling obligations, there are also provisions in the 1969 Vienna Convention. These cases include the termination and removal of the possibility of suspending the contract, the impossibility of fulfilling the obligations under the rule of rebus, modifying or adjusting the obligations, force majeure may also make it difficult to implement the contractual obligations that oversee the hard slope.