Legal Civilization
Year:2024 | Volume:7 | Issue:19|Papers Count:16

According to the civil law and jurisprudence, one of the basic conditions for the validity of a lease is to determine the duration or number of times the act has been performed. The benefit is determined by mentioning the term, if the term is not determined, the lease is void. But sometimes the parties to the contract set the amount of wages against the unit of time or the number of times the act is performed. In Articles 501 and 515 of the Civil Code, the legislature has accepted rent without mentioning the term, which in the language of jurists is known as "rent by appointment" and in the language of jurists is known as "rent of the famous". According to the civil law, the lease is valid in the first period of time, and in the rest of the period of times, the landlord or the tenant will be entitled to the rent according to the conditions stated in the contract. However, there is disagreement between jurists and jurists regarding the validity and invalidity of the lease, both in the specified period and over it. In this article, we try to examine the views of legal doctrine with an analytical-descriptive approach. Let's pay the jurists and analyze the legal institution that can be replaced by the mentioned contract.

Emotional abuse, one of the forms of psychological abuse, refers to a series of intentional behaviors that are applied in the context of an intimate relationship by a person trusted by the victim and causes mental and emotional effects such as mood instability or loss of self-esteem. In the criminal laws of Iran and England, the legislator has included some behaviors based on emotional abuse under the guarantee of criminal executions. Among others, we can refer to the first paragraph of Article 500 of the Islamic Penal Code of the Corporal Punishment Act 2019 and in England, Article 76 of the Serious Crime Act 2015. This study is written using the descriptive-analytical method with a comparative approach using library resources. According to the results of the research, compared to the Iranian legislators, in the field of dealing with emotional abuse, the English legislator has first taken the lead through different forms of control by the partner or emotional support under the heading of domestic violence, and secondly, he has a more comprehensive view of the issue. Some cases of emotional abuse have been foreseen on a case-by-case basis in the law on preventing and combatting violence against women and improving their security against abuse, which is currently awaiting approval in the Islamic parliament.

Considering the need for women to play a role in less developed societies such as Afghanistan and emphasizing the creation of legal infrastructure to guarantee women's rights in the current century, reflecting new approaches in human rights through treaty-based mechanisms of international law is an impossible necessity. It is denial. Based on this, it is necessary to identify the priority of effective rights in women's rights in Afghanistan and evaluate the process of localization of human rights in this country. In the discussion of this connection, the current research, which was compiled using a descriptive-analytical method with the benefit of library studies, while examining the concept of gender equality, it was determined that human rights mean women's rights, along with guaranteeing men's rights, so human rights cannot be He considered it only for men and allocated it based on human gender. Also, in this research, it was determined that the right to education and the right to health of women in Afghan society should be recognized as the basic priorities in guaranteeing the examples of international human rights, and after that, the stage of legal confrontation with violence against women It can be evaluated as a theoretical approach and legal protection of women in the society cannot be achieved without creating a stable and treaty-based structure.

Electronic contract conclusion as one of the new methods of contract conclusion has attracted the attention of many lawyers and legislators in recent years. These contracts, like traditional contracts, have the basic conditions for forming a contract. The basic conditions for forming a contract are the conditions that, if they are absent, the contract will be void and ineffective. The electronic contract, in basic principles and conditions, has the same nature as traditional contract. But despite this formal structure, the electronic environment has given new features and concepts to this type of contracts. The current research was carried out with a descriptive-analytical method, and the purpose of doing it is to examine the conditions of concluding electronic contracts, analyze the basic conditions of contract formation, the difference between the basic conditions of concluding a contract in traditional contracts and electronic contracts, and the liability resulting from the violation of these conditions. Some of the findings of this research show that concluding an electronic contract has many advantages, including reducing costs, saving time, and ease of access to the contract. However, concluding an electronic contract can also lead to some criminal liability. The parties of electronic contracts will be responsible for compensating the damages caused to each other if they do not comply with the basic conditions of forming the contract. These damages can include material, and moral damages and benefits that the contracting party has lost due to non-fulfillment of contractual obligations. In addition, the parties to electronic contracts, in case of committing computer crimes, including computer fraud, computer forgery, etc., during the conclusion of the contract, will be sentenced to the penalties prescribed in the electronic commerce law.

Essential financial challenges surround the space around third party funding in international arbitration (TPF). A significant challenge in this regard is the possible recovery of TPF costs. The winning funded party expects the TPF costs to be paid by the losing party. The examination of such a possibility should be examined under the criterion of “reasonableness” in the governing laws. Arbitration costs can be placed within the cycle of “reasonableness” and become recoverable. However, it appears that the funded party’s profits are out of that criterion and cannot be recovered from the losing party. Another important financial challenge is the possible security for costs by the defendant. In this regard, a major concern for the defendant is the inability of the plaintiff to pay the costs of arbitration. Thus, the main challenge facing the arbitration tribunal is answering the following questions: Can a defendant request security for costs despite the existence of a TPF contract? And if such a request is made, how should the arbitration tribunal react to that? Based on the analysis of the existing resources and reported arbitration cases, the existence of TPF is not sufficient to justify the issuance of an order concerning the security of costs, and such requests should be decided upon based on the criterion of “Impecunious” or similar criteria (in national laws/the Governing Laws), regardless of the existence of any TPF contract.

It is clear that the right to health as one of the fundamental human rights has been extremely important in all periods of history, especially with the development of countries and the emergence of modernity. Violation of health rights has irreparable consequences for the general public of a society and may even lead to a human disaster. With the epidemic of the Covid-19 (Coronavirus) virus around the world and the need for timely vaccination, the importance of the right to health has been raised more than ever. One of these violations is the violation by government officials. The research method in this research is a combination of descriptive and analytical. The data of this research is collected through referring to documents, regulations, books, articles, and field study, in addition to that, it is set in the statement of the existing challenges with a critical approach in the light of presenting suggested solutions with the researcher's inferential analogy. In this research, the laws and regulations of the right to health in Iran's legal system and its violations, challenges, and approaches, we discuss the possibility of criminal prosecution of government officials as a group of people involved in violating the citizens' rights to health. The findings of the research show that there is a possibility of criminal prosecution of government officials in violation of the citizens' right to health, but there are many challenges on the way, which we will examine in detail and the available solutions.

The principle is personal responsibility,No one bears the burden of another's sins. However, in all the civilized legal systems of the world, including America and Iran, in some cases, this principle is deviated from. Whenever someone helps someone else in committing the material element of the crime or causes the crime to occur, even though the specific person or the facilitator does not have a role in committing the material element of the crime, due to the causation of the crime, he is liable to punishment. In the instrumentalist American legal system, the deputy is punished as the mastermind of the crime. Although this is justifiable from the point of view of deterrence, it is against the standards of criminal justice. In Iran's legal system, based on adherence to the principles of criminal justice, the punishment of the deputy is lower than the punishment of the supervisor, which is weak in terms of deterrence, at least in some cases, but seems more consistent with the principles of criminal justice. Based on this difference, it seems that in the two systems, the concept, nature, territory, conditions, and effects of aiding and abetting crime in American and Iranian laws have fundamental differences. The question of the current research is how the analysis of the criminal deputy is done based on the principles of criminal law, especially instrumentalism. In this article, while answering this problem in an analytical-descriptive way, it has been suggested that by applying some criteria, it would distance itself from the excesses in America and Iran, so that in addition to the realization of criminal justice, other ideals and goals such as deterrence be realized

In Islam, few things are praised as much as intellect. This praise refers to the efficiency of reason and its effect in knowing the realities of the world of existence distinguishing right from wrong and deriving jurisprudence rulings. But what is the subject of discussion is the ability of the intellect in the field of inferring jurisprudence. The present article, in a descriptive-analytical way, aims to answer this question: can reason be an independent source for discovering and deriving jurisprudence? And if it can be a source, how far is the territory and scope of its application? The result of the following article is that the criteria of pure devotional rules are not definite to the intellect, but the materials and criteria of some other rules, especially the social and penal rules of Islam, are discoverable and accessible for the intellect. The belief that reason has no way of worship and does not understand them is not permanent and it is possible that due to the progress of science and technology, that reason may gain access to the criteria of worship in the future and be able to discover them as well.

Nowadays, the laws and regulations related to the rights of prisoners in the domestic and international arena are predicted and implemented with greater importance and dimensions than in the past. A prisoner is a human being and has human dignity, and by imprisonment, only his physical freedom is taken away and his other citizenship rights must be preserved, therefore respecting the rights of prisoners and behaving by human rights towards them, according to domestic and international laws. It is very important. The purpose of this research is to explain the rights of prisoners with an approach to domestic and international institutions. International institutions in charge of prisoners' rights include Amnesty International, Committee for the Prevention of Torture, Committee against Torture, and Human Rights Watch, and some domestic institutions that are active in the field of prisoners' rights include: Prisons Organization, Welfare Organization, Judicial organizations, non-governmental organizations, after-care centers. Accurate and correct implementation of the constitution, the executive regulations of the prisons organization and security and educational measures of the country approved in 1400, the law respecting legitimate freedoms and protection of citizenship rights approved in 1382, paying attention to the material and spiritual rights of prisoners as well as monitoring and developing new regulations as There are solutions to preserve the dignity, reputation and personality of prisoners. The type of research in this research is theoretical and its method is descriptive and analytical.

The article examines the impact of the recent twenty-year agreement on the bilateral relations between Iran and Russia. The hypothesis of the research has been carried out in a descriptive-analytical method, which has examined the bilateral relations between the two countries in the past. The relations between Iran and Russia include a kind of relations in the structure of the relationship with the superpower but in the form of neighborhood. The main question is, considering the new international environment and especially the political will of two countries, Iran and Russia, to ratify a long-term agreement of twenty years, what evolution will happen in the relations between them? The hypothesis of the research is based on the fact that it seems that Iran-Russia relations have entered a new stage in bilateral and even regional relations due to the 20-year agreement. The global approach to Russia regarding the Ukraine conflict and the imposition of heavy sanctions against Russia from the West will inevitably push Russia towards the countries of the region and the East, and it seems to be the best time to establish an effective, stable and long-term relationship. Considering the national interests of Iran and taking into account the internal conditions of the country. The results show the positive impact of the recent agreement on long-term bilateral relations based on the new conditions of the international system.

Cultural rights, as the second generation of human rights, have always been an important subject in domestic legal systems and international law, to the extent that they have been highlighted and given attention in domestic laws and international documents. The extensive and diverse nature of cultural rights has prompted governments to regulate necessary laws and regulations based on the cultural identity of their society and to assist in its preservation and promotion. Despite the existing challenges, the Islamic Republic of Iran has always endeavored to enhance cultural rights. In this research, The promotion of cultural rights within the Islamic Republic of Iran using the descriptive-analytical method is examined. The findings of this study indicate that substantial efforts have been made in Iran to promote cultural rights, and the accomplishments resulting from these efforts have contributed to the advancement of cultural rights in the fields of education, attention to the country's religious culture, and the realization of the slogans of the Islamic Revolution and more.

Today, due to the increase in real estate prices in Iran and the granting of permits to establish notary offices to many people, the scope of committing registered crimes in our country has expanded and many lawsuits have been raised in this regard. Official document offices and real estate registration offices, as the official representatives of the government in the preparation and registration of official documents, executive issuance, etc., can play a significant role in the dynamics of registration and the development of the judicial system. Therefore, the occurrence of any crimes and violations in official document offices and real estate registration offices not only does not help the dynamics of registration, but also leads to an increase in judicial cases. On the other hand, the oldness of the registration regulations, the adoption of imprecise policies and procedures, and the lack of attention to the use of tools and mechanisms in order to update the registration services provide favorable opportunities for criminals to commit registered crimes. The method of conducting this research is descriptive-analytical and written in a library format. In the end, we will find that the legal, judicial, and executive problems are the most important factors behind registered crimes and social and situational solutions, with factors such as clarifying the operation and registration measures, eliminating unnecessary procedures and procedures, and adopting coherent and efficient policies and procedures within the organization. Registering documents and real estate, creating a comprehensive system for registering documents and real estate, and closely monitoring the performance of trustees in the field of execution, with the increase of expert staff, it is possible to reduce registered crimes.

The right to be free from "torture" and "other inhuman treatments" is one of the fundamental human rights that was established in order to protect the physical and mental well-being of a person and requires a healthy human being in two dimensions. In the vast majority of international documents and, as a result, the domestic laws of countries, next to "torture", "cruel, inhuman and degrading treatments or punishments" Are mentioned, without specifying a precise criterion for separating these terms. Due to the scope of the issue, this article is limited to identifying a criterion for verifying torture from other inhuman treatments and not punishments. By studying and analyzing the general and specific international documents and the judicial procedures of the international courts, it was determined that several criteria have been provided to distinguish between these ill-treatments. Among them is the intensity criterion, which according to the findings of this research, seems to be a more correct criterion. Also, the intensity of a treatment is a function of other factors such as age, sex of the victim etc.

The principle that objections cannot be cited is one of the important issues in commercial law. In all contracts and documents, there are provisions to prevent harm to the parties, the principle of consent of the parties, eligibility, correctness of the contract, whether the contract is necessary or permissible, etc. are among the principles that have been established to improve relations and determine the rights and duties of the parties. It is possible that the principle of inadmissibility of defects in commercial documents may cause the rights and harm to one of the parties to be ignored,for this reason, exceptions have been introduced concerning this principle. These exceptions do not affect the abstract description of the document and do not harm it,however, they can limit the extent of the implementation of the principle to some extent,various opinions have been expressed in this regard. In this research, a descriptive and analytical method has been used. It was concluded that the original exceptions were established in order to protect and prevent harm to the parties, and these exceptions include reluctance, incompetence, objections between immediate parties, holders with bad faith, formal and substantive objections to the document, objections to the criminal acquisition of the document, etc.

The abuse of women is a significant social problem. Domestic violence often culminates with the woman killing her mate. 3 With increasing frequency abused women charged with killing their husbands or lovers justify their acts as self-defense and seek to support these claims with expert testimony on "battered woman syndrome". Frequently, however, a battered woman kills her mate after an attack has ended or at some time when, seemingly, no immediate threat is present. Further, a woman in a violent relationship would appear always to have an alternative to killing the man-leaving the relationship. In this article, with a critical view and descriptive-analytical method, while criticizing the battered woman theory by Lenore Walker and stating the disadvantages of this theory, argues that In cases of self-defense, the courts should not accept the testimony of an expert based solely on scientific justification, but the jury should be allowed to evaluate the claim of self-defense based on its components, valid social science research, the history of violence of the battered woman, and the prevailing conditions. Give the economic and social reasons for the crime.

The guarantee of the good performance of the obligation, which is one of the aspects of the rights of obligations, means that if the obligee does not fulfill his obligation properly, the obligee can compensate the damages caused to him from the place of the guarantee that exists for the good performance of that obligation. One of the most important conditions for the validity of the guarantee of good fulfillment of the obligation is that the stipulated guarantee must be appropriate to the subject of the obligation, in other words, it is not possible to establish any guarantee for every obligation, for example, personal guarantee cannot be established for obligations based on a person. The most important result and obtained from the guarantee of good fulfillment of the obligation is that the mere fulfillment of the obligation does not lead to the discharge of the obligee, but the obligation must be fulfilled properly. The research methods in this research is descriptive-analytical. First, the meanings and concepts related to the guarantee of good performance of the obligation are stated, and then they are analyzed according to the theories of jurisprudence and law scholars.