LEGAL RESEARCH
Year:2024 | Volume:27 | Issue:105|Papers Count:15

Due to the huge capital costs in the fiscal regime of new Iranian upstream oil contracts called IPC, the International Oil Company is committed to be present in the oil possessed country and provide all the capital costs. Previously, in service contracts called buyback, remuneration was fixed and capital costs had a closed ceiling, which caused loss to international oil companies; thus International Oil Companies were reluctant to attend or invest in Iranian oil industry. Hence, the changes in this section of the new Iranian upstream oil contracts were motivating and attracted foreign investors. In fact, unlike service contracts called buyback, capital costs and noncapital costs have open ceiling. In these contracts, not only no fixed amount of remuneration exists, but also the remuneration increases in accordance with the increase of production. This leads to the increase of production and ultimately increases economic benefits for both parties. This article deals with the financial obligations of International Oil Companies in the new Iranian upstream oil contracts called IPC.

This research has been written with the aim of investigating the abuse of contract law in the contract implementation stage. The enforcement of the rights arising from the contract must be done in its normal form, and deviating from the normal form of exercising the contractual right is considered a fault and leads to the abuse of the contractual right. No matter how much effort is made to prevent the abuse of the contractual right and to provide legal solutions and measures to guarantee strong and heavy performances, the recurrence of the abuse of the contractual right is inevitable, because it depends on the attitude of the rightful owner. He has the right to exercise his right. If he wants to abuse the right created by the contract concluded with others and exceed the scope of the right, the abuse of the contractual right will undoubtedly occur and there will be no escape from it. Contracts such as (Contracts with Imposition Conditions () Contracts with Obligation) (Contracts Affected by Changing Conditions) (Supplementary Contracts) and (Consumer Contracts) that are potentially abusive in private law. The existence of performance guarantees such as "modification of the contract", "termination of the contract", "compensation" and "invalidation of the contract" in the contract and laws is a key factor in preventing the abuse of contractual rights during the contract implementation phase.

The existence of treaty relations between states is one of the requirements of the international community. As a result, governments willingly or unwillingly accede to a large number of international treaties, which bring with them challenges and benefits. Accession to treaties is easy, but the implementation of treaties in accordance with international environmental requirements and without conflict with domestic law is problematic. Governments are required to consider mechanisms in their legal system to ensure that treaties, like domestic law of each state, are implemented in all governmental and non-governmental institutions. Afghanistan has acceded to many international treaties and has enshrined mechanisms for the implementation of treaties in the constitution and common law. despite the envisaged mechanisms, it shows that Afghanistan is moving in the direction of international life and has formulated all the executive solutions of international treaties in its legal system; In practice, the provisions of these treaties are not properly implemented and the domestic courts do not invoke the provisions of the treaties, violating the provisions of the treaties. The present study, using analytical-descriptive method, seeks to solve the problem of violating treaties and their non-implementation and to explain the reasonable ways of implementing the treaties in the Afghan legal system. The findings indicate that the Afghan legal system has a normative problem because the place of treaties in this legal system is not specified, also the problem lies in how to accept and implement the rules and conflict of contractual obligations with the principles of domestic law.

civil liability law ( tort law) in Iranian legal system has a three-pronged structure and is based on a variety of principles: A structure in the civil code with the title of zaman qahri, a structure called "civil liability" in the civil liability Act and a structure entitled "causes of liability" in the Islamic Penal Code. In fact, the civil liability law system in Iran is eclectic from Islamic law (shariah), French law, and Germany and Switzerland law. An eclecticism that not only did not solve the problems of tort law, but also added to the problems and conflicts and made the civil liability law system inefficient and incapable of solving problems. The main reason is that in contract and tort law the Islamic legal system is based on the theory of ownership and the French and German legal system are based on the theory of obligations. The difference between these legal systems is fundamental and it does not seem possible to resolve the conflicts of legal provisions in systems that have different bases. Inevitably, Iranian legal system either has to accept the system of civil liability based on the theory of obligations or the system of zaman qahri which accepted by Islamic jurisprudence based on theory of ownership. In this article, we consider first the distinction between these two systems of tort law and then the solutions to eliminate the challenges in Iranian law in this field.

The contract of construction is one of the most widely used one, the significance of which on the economic relations is undeniable. But the definition, scope and legal description of the contract in the Iranian legal system also, the effects and characteristics of this contract, have always been accompanied by ambiguity and disagreement, which clearly threatens the economic security of the parties to these contracts. The contract of construction with the three contract of sale, lease and construction order has many similarities. Although the similarities of construction order that makes the labor contract responsible for the subject of the contract are undeniable, but due to the impossibility of adapting this contract to other types of contract, the lease contract is the only specific contract that, in addition to appearing in the law, covers all types of contracts and as a result can be responsible for disputes and gaps related to this contract.

The dynamic constitution is one of the fundamental issues in modern constitutional law systems, from the theoretical basis of justification and the presentation of its practical mechanisms, which tries to bring yesterday's constitution together with today's values without changing the existence of the legal-political order and system based on order-oriented values. To meet the renewed demands of citizens. Therefore, the main question in this article is what is meant by the dynamic constitution and the mechanisms of its realization and what is its place in the constitutional law system of the Islamic Republic of Iran? The findings of this research, with the method of collecting data through a library and descriptive-analytical method and checking legal and official texts and documents, show that the dynamics of the constitution is generally possible in four ways: revision, interpretation, unwritten principles and basic proceedings, which can be done depending on the type of legal-political systems. Take advantage of each of them. Also, the reflection on the domestic constitutional law indicates that by emphasizing the difficulty of the revision process in the constitution, the lack of application of the hermeneutic interpretation method by the official interpreter and finally the danger of resorting to unwritten principles in fragile democracies, the realization of the dynamics of the constitution in the legal order and system of The interior should be searched in the constitutional adjudication.

An act or decision that results in a restriction of an individual right can be considered proportionate if a person pursues a legitimate aim and uses a logically coherent tool that entails the lowest cost.Therefore, the proportionality test is based on the cost-benefit analysis. The proportionality principle is a structural and methodological tool as well as an intelligent procedure for reviewing the actions of public authorities. One objective of the Administrative Court of Justice could be to ensure that the actions of officials and institutions are proportionate by directing them toward the legislative goals and preventing departments, organizations, and their employees from violating the law or using disproportionate measures. The principle of proportionality can help achieve this goal. However, the examination of the noted institution's approach does not reveal any systematic and structured implementation of the above-mentioned principle. In some cases, an implicit respect for the principle of proportionality can be observed, although the opinion in accordance with the above principle is not cited.

Today, one of the important challenges facing legal issues is how to enact laws in order to systematize new technologies. The technology of sex selection, as a phenomenon that can have wide legal dimensions, has faced the challenge of the lack of specific and binding laws in Iran. Although the technology of sex selection is one of the study topics in the field of medical law, it has different dimensions and effects that can be discussed from a social, political, cultural and even economic point of view. The issue is that in the framework of the legislation of this technology, different dimensions such as the limits of legitimacy, applicable restrictions, human rights rules, contractual governing system, population policies should be taken into consideration and according to the social and cultural realities of Iran, precise solutions should be taken in order to normalize it. To be presented. This article seeks to explain these issues with the help of analytical-comparative method by studying the laws of other countries and international rules, and by analyzing the current legal system of Iran in the field of this technology, it aims to present the general outline of the legislation regarding the sex selection.

Coronavirus, as an acute respiratory syndrome, was detected in December 2019 in Wuhan, Hubei Province, China with an epidemic in humans. This virus soon spread throughout the world and is now the biggest crisis in the universe. The crown virus is now the king of the world and has extremely hampered global trade by restricting economic activity and disrupting production and supply chains. The basic principle of contract law is that the parties are committed to the promises made. However, events such as Corona affect the performance of the parties of the contract. Despite the unprecedented effects of the virus on the global economy, it has revived two classic concepts of international Sale: Force majeure and hardship. This article analyzes the extent of exemption from international liability in the Corona era from the perspective of the Convention on the International Sale of Goods and the Judicial procedure of the Convention.

The crimes of Katanga and his accomplices in Bogoru have left 297 people dead or somehow victimized. After the case was opened in the International Criminal Court, Five of the victims demanded compensation for traumas caused indirectly, This can be called transgenerational trauma. the Chamber found in respect of These victims that, although they “are, in all likelihood, suffering from transgenerational psychological harm, but no evidence is laid before the Chamber to establish on a balance of probabilities the causal nexus between the trauma suffered and the attack on Bogoro. However Scientific research has revealed that it is possible to transfer the trauma from parents to children Epigenetic transmission and social transmission are two theories that can be relied upon in this regard. The certainty of the trauma, the consequence of the effects of the crime and the fixation of the cause are also important conditions for claiming such damages. Compensation can also be material, spiritual, symbolic, or a combination of these.

According to popular belief, the dual penal system of hadd-ta'zir has a static limit in terms of crimes subject to hadd and ta'zir. The prerequisite for this stagnation is the clarity of the list of crimes subject to hadd and ta'zir. And the requirement of this matter is the existence of a clear and precise criterion for separating the crimes subject to hadd and ta'zir from each other. In order to measure the validity and reliability of this static and its accessories in the criminal system of hadd-ta'zir, in this article, first, with an analytical approach, it was determined that the principle in punishments is to be ta'zir. Only in certain cases and in a disciplinary manner can this principle be removed. This principle should also be returned to in suspicious cases. Then, with a critical approach, and with regard to the existing jurisprudential narrations and writings in this regard, the existing and probable criteria for limiting punishments were presented and analyzed, and through this, the limitation of many crimes that were considered common in the common sense. Are challenged. Finally, it became clear that the dual hadd-ta'zir is not static in terms of crime, as it is commonly considered, and with methodical ijtihad, changes in the list of crimes subject to hadd and ta'zir can be accepted.

AbstractNational sovereignty manifested in an inconsistent way in the Iranian Constitution of 1906-07. This paper aims to find the causes of mentioned inconsistency and considers the process of foundation (constitution-making) and integration within the related legal form. Foundation manifested in the guise of socio-political forces (the material) and ideas would be the grounds of the legal form's integrity (the theoretical). By applying the phenomenological-historical-linguistic method in the field of concrete law, this historical study, first of all, started from the illustration of the determined language in the form and observed linguistic resemblances in the material and the theoretical levels. The material level is a trend toward creating an institutionalized and collaborative language; However, double-hatting of the First Parliament as the constituent and the constituted power, and the existing imbalance between the social forces in the political institution, has caused fluctuation in that language and reduced the concept of sovereignty to its diverse characteristics. Concerning the theoretical, the lack of ideas as the unifying element of the legal form in that historical period is certain (the local) and, as a result, its breaking from the universal in the construction process of the legal form has also made this issue more problematic. In this absence, the post-form doctrine has relied on the place of ideas and sought to fix or renounce the legal form in the future. Finally, as a matter of fact, by the lack of thinking, the material forces created a form without constructing the integration of its elements.

Due to social developments, possible contracts have many practical examples such as insurance contracts, pre-sale of artifacts, etc and are popular in the society. This contract is not defined in Iranian law and jurisprudence, and there is a difference of opinion regarding its nature and authenticity; Some jurists consider this type of transaction to be gratuitous and invalid, while others consider it to be a synonym of suspended contract, contract of chance, and forbearance contract. But this type of contract is accepted in English law and a contract that at least part of it is related to an emergency or possible situation. The effect of this contract is created separately at the time of the conclusion of the contract and the parties have mutual obligations, but the recovery of one of the parties to the contract or both parties due to the effect of the contract depends on luck and the profit and loss of the parties and its amount depends on a possible incident in the future. Nevertheless, despite the similarity with other similar contracts, the mentioned contract is different in terms of basics and conditions, and its characteristics are covenantal and continuous. It does not consider it effective and as a result the possible contracts are valid and valid.

One of the characteristics of every legal rule is to benefit from the proper sanction of that rule. This sanctions will guarantee compliance with the rule and indicate its status and value. The most well-known sanctions of legal rules for the implementation of legal rules is criminal, civil and administrative sanctions, which the legislator takes advantage of according to each legal rule and its nature. One of the sometimes unwritten and even less well-known sanctions of the legislator in the field of criminal proceedings is the sanction of nullity or invalidity of evidence of criminal proceedings. On the one hand, compliance of the principle of legality of obtaining criminal evidence requires that both the reason and the method of obtaining evidence be legitimate and legal, and on the other hand, the principle of legality of proceedings requires that the process of proceedings is subject to legal rules and regulations. Nullity of evidence or invedtigations as a sanction of the execution of the proceedings is aimed both at guaranteeing the observance of the rules of the proceedings in order to protect the interests of the litigants, especially the accused, and also at the prevention of non-compliance with these rules and forcing the law enforcement personnel of criminal justice to follow them. Considering the criminal rules in Iranian law, the issue of nullity has rarely been considered as a sanction of the proceedings, but in the French criminal procedure, several regulations can be considered in this regard.

The employment of prisoners is usually limited to the time of imprisonment, temporarily with the aim of reducing the cost of maintaining prisoners, but what is important is the continuity and stability of the prisoner's job after the days of detention, so that he has a suitable business to support himself and his family. . Managing the employment of prisoners during their imprisonment, examining and introducing transitional and subsidized jobs is a necessary solution to achieve this goal, so research on the efficiency of existing tricks in this field is one of the requirements of working with prisoners and the definite recommendation of criminologists to prevent recidivism and to The consequence is the improvement of the economic status of the society. Transitional and computer jobs are tested measures in this direction in some societies, and the result of the author's research, while introducing this category of jobs and generalizing it with managing and coaching the career path of prisoners from before entering the prison to expanding the perspective of the authorities in this regard will take