Legal Research
Year:2024 | Volume:27 | Issue:106|Papers Count:14

Family policy is a remarkable example of regulation in its special meaning. There are different theories and approaches to regulation in the Institution of family. In consideration of the state theory and the supporting theoretical basis, Iran and France’s States, have justified their family regulation based on the prioritizing public interest on individuals, public order and good morals, legal paternalism and legal moralism, protecting the rights and individual freedoms, especially for the minorities, guarantying human’s dignity, equality, justice, and considering The Harm Principle. However, there are fundamental differences between the two legal systems despite some similarities in the quality, the scope, and the basis (criteria) of the regulation in the Institution of family. Although the family is included in the governmental regulation, this needs to be exceptional, regulatory, protective, minimal, and based on the necessities, rationality, and law. The question of the survey besides the legitimacy of the regulation is about the methods and the territory of the family regulation.

Children are very vulnerable in asylum procedures. This vulnerable situation requires the inclusion of effective rights for them in asylum procedures. For this purpose, the right to participate can strengthen the legal position of these children and transform them from passive objects to active agents and rights holders. However, the question that arises is, what are the sences of the child’s rights to participate and how should the right of participation be applied so that it can fulfill the rights of the child? It seems that the rights of the child in asylum procedures are fully satisfied only when the child has the right to participate correctly; in this regard, legal documents related to the child’s right to participate in asylum procedure are analyzed; After that, and since the child has not yet reached maturity to be able to use the right to participate in all asylum procedures, the relationship between this right and the principle of the his/her best interests is examined. Finally, it is clear that the right to participate only acts in the direction of fulfilling the rights of the child when all its elements are correctly applied, and if this happens, the child's right to participate will work in the direction of the best interests.

A group of rights are imposed on people based on their gender, therefore, gender recognition is a requirement for belonging of this part of rights to people. In most of the cases, it is possible to identify the gender easily and without the requirement of specialized precision, but in some cases, gender and sexual ambiguities make the identification difficult. One of these cases is transsexual status, who consider themselves to have a different gender from their physical structure.The possibility of gender reassignment surgery prompted a group of jurists to consider the changed body structure as the basis for identifying a new gender. Following the custom, they considered the apparent gender to be the criterion of recognition and because of changing of gender due to the surgery, they considered the surgery to be the origin of the new gender recognition; An approach that is currently accepted in the legal system of our country. On the other hand, the results of scientific studies rejecting the effectiveness of the previous criteria, indicated the key role of gender identity in identifying the gender of transsexuals.In contrast to these two views, the effectiveness of gender identity in the identification of transsexual and also the greater compatibility of this criteria with jurisprudential-legal foundations, all testify to the superiority of this criteria. The conclusion is that it is appropriate for the legislator to adopt a new approach for the identification of transsexuals while trying to enter the concept of gender identity into legal concepts.

from the point of view of the economicanalysis of law,one of the goals of the legal institution is "registration of real estate transactions",reducing and correcting "Imperfect Contracts" and "Transaction Costs" for the "optimal use of scarce resources" i.e. real estate. considering that unregistered real estate transaction is one of the most important examples of imperfect contract, therefore, it is important to analyze the mutual impact of the economic theories of imperfect contracts and transaction costs with the legal system of secondary registration, in preventing contractual defects. therefore, the question arises that how does the existence of the secondary registration system help to correct imperfect contracts and reduce the costs of real estate transactions? This research is theoretical-applied and the research method in it is library and the method of investigating the issue and analyzing the data is descriptive-analytical. finally, it was concluded that the existence of an imperfect registration system leads to the conclusion of imperfect contracts from the point of view of law and causes an increase in transaction costs.it is desirable not to have an "absolutely imperfect real estate contract" from the point of view of economy. therefore, the existence of the principle of mandatory registration of transactions is necessary.in fact, a secondary registration system with full legal effect, it leads to the conclusion of a perfect contract from the point of view of law and a partially imperfect contract from the point of view of economy and causes the reduction of real estate transaction costs.

The right to a healthy environment reflects fundamental values such as the right to life, the right to health, and the right to a standard and quality of life that belongs to different generations of humans in the present and future. Trawel net fishing has been carried out in the Persian Gulf for some time, which, according to experts, violates the right to a healthy environment and its fundamental values. In trawel net fishing, a large fish trapping net in the shape of a bag is used, which is attached to the back of a floating vessel and catches marine organisms at different depths with a coverage coefficient of 90%, causing serious damage to the marine ecosystem. Preservation of the environment is done by supporting the protection and improvement of the environment and preventing and preventing any kind of pollution and destructive actions that cause the balance and suitability of the environment to be disturbed. Preservation of various animal species, including aquatic animals, is an example of environmental protection.In this research, we aim to answer the question through a descriptive and library method of investigation, whether it is possible to impose restrictions or prohibitions on this type of fishing in the Iranian legal system. Which laws and regulations can be relied upon to address the damage caused by trammel net fishing to the environment and natural resources? To this end, the constitution, ordinary laws, and regulations are first examined, followed by the general policies of the Islamic Republic of Iran,

Today, due diligence obligations have a special significance and undeniable role in international law. One of the first and most important fields of emergence of these obligations can be considered international investment law. This study attempts to locate the position of due diligence in international investment law and examine the protective obligations of host state in the light of this overarching concept and furthermore to establish the obligations flowing from due diligence on foreign investors jurisprudence with reference to arbitral tribunals.This article concluded that due diligence standard serves as a general obligation to impose a duty on the host state to protect foreign investment and at the same time it puts a duty on foreign investor to conduct responsibility to strike a balance between the interests of both sides. As a result, there is no field in international investment law in which due diligence has no role to play.

In the ecosystem of the health system, ensuring quality control, safety and effectiveness of drugs is very sensitive and necessary for people's health. After the Covid-19 pandemic, fake vaccine drugs have been circulating and seriously threatening public health around the world. This situation needs to pay more attention to the quality and more effective safety of medicine with the aim of combating drug counterfeiting. The current measures are not effective and sufficient to deal with all the problems associated with counterfeit drugs. In this article, by examining the importance of drug safety monitoring, it was observed that developing countries do not have adequate, standardized and integrated international monitoring regulations to evaluate the quality and safety of drugs. Finally, due to the lack of control over the supply chain, drugs will easily enter the flow of forgery and fraud. The existence of strong monitoring institutions in accordance with the standards of national or international laws, as well as the application of deterrent punishments in each of the stages of the drug production, distribution and delivery cycle, is required. This research is based on an analytical-descriptive method and on the basis of authentic library documents and sources. The theoretical framework of the research is rights based on justice.

Digital markets have seen the rise of some online marketplaces that besides having a dominant position in the online intermediary market, and are unavoidable gateways for optimal sale of goods and digital content. The operators of these marketplaces can also be likened to gatekeepers of the downstream markets who monitor and control the market entrants.The subject becomes doubly important when we realize that some gatekeeper marketplaces as well as operating in the relevant platform market, have a direct presence in the downstream market. It is possible that these marketplaces, considering their gatekeeping position, impose conditions on the business users that pervert the path of intra-platform competition. Three contractual conditions, namely “anti-steering provision”, “mandatory use of marketplace's payment processor” and “marketplace right to use of non-public user data”, are means through which the gatekeeper can protect their legitimate interests, but their enforcement can also leave some anti-competitive effects. Given the increasing use of online marketplaces in Iran, having regarded the approaches and practices of leading competition law systems this article is going to analyze the abovementioned imposed conditions in the light of Iranian competition law norms as the balance between the necessity of promoting intra-platform competition and legitimate interests of marketplace owner is kept. The results of study shows that although some imposing and restricting terms of use may be regarded as anticompetitive practices specially in situation that direct competitors of marketplace are affected but we cannot consider them always as per se illegal arrangements that should be condemned.

Economic developments caused French law to move from the point of view of the inviolable independence of contracts to the acceptance of the concept of "contractual groups" including contractual chains and contractual collections. This movement evolved with the identification of contractual collections and the declaration of Caducité as a sanction for them in Articles 1186 and 1187 of the 2016 amendments to the Civil Code. Contractual collections are a group of contracts that participate in the realization of a general operation and are connected to each other with unilateral or mutual dependence objective links (the impossibility of executing the contract in the event of the dissolution of other contracts in the set) or subjective (The will of the parties to the collection contracts). In case of liquidation of one of the contracts of the Contractual collections and the party against whom the Caducité is invoked proves the knowledge of the existence of the overall operation, the performance guarantee of "Caducité" will be activated and will cause the cascading liquidation of the other contracts of the collections."Caducité" is "automatic" and "complete" performance guarantees that eliminate all provisions of contracts and related conditions such as dispute resolution conditions. Determining the territory of Caducité in terms of regressive effects is left to the judges. Paying attention to the achievements of French law regarding contractual collections accelerates the design and evolution of this theory in Iran's legal system; therefore, the present article examines the contractual collections in the French legal system with analytical-descriptive method.

Recognizing people's rights in a legal system is not easily possible due to various issues such as law inflation and …. One of these rights is "Zareaneh" due to the absence of any clear legal text, attributes, function and basis as well as its destiny. This issue has led to the courts in dealing with this issue with different views. In this article, with a view to the true basis of the right of justice, it is attempted to analyze the basis and destiny of this right in the current legal system. Farmers ' rights as one of the farmers ' rights are the owners of the business, which is rooted in the tradition and custom of ancient agriculture in Iran. By carrying out the land reform right, the right to possession of land has been transformed and upgraded, and in modern conditions, such a right has no other entity and the people who claim to "" violation and denial " " claim to be entitled according land reform provisions.

Critical criminology, from the very beginning of its establishment, has paid attention to how mass media participate in defining, displaying, social control and analyzing crime. Based on this, critical criminology's attention to issues such as media, culture, customs, etc., has led to the formation of a sub-field called cultural criminology in this field of study. Cultural criminology, which focuses its main issues on: crime as culture, culture as crime, media representation of crime and crime carnival, considers the truth of crime and the process of criminalization to be the product of media procedures. Based on this, certain behaviors are first criminalized by the media, and then, the official discourse of criminal justice institutions also recognizes this process and devises the necessary measures for official criminalization. Therefore, the important finding of this research is that in the light of cultural criminology approaches, the media can be considered the initiator of the informal criminalization process and the facilitator of the formal criminalization process.

While the words of the arbitrator's decision at the time of issuance could be quite expressive and unequivocal, they may become vague at the time of its execution or even afterwards. Admittedly, there is no overall consensus amongst the jurists in determining the authority for interpreting the arbitrations. Nonetheless, the courts in accordance with the obligation imposed upon them by Article 149 of the Constitution are—at least in cases of the arbitrator’s death or occurrence of their incapacity thereof as well as in the case of secondary judicial supervision over their decision— compelled to interpret the arbitrator’s decision and decide whether to endorse or rebut the application for enforcement and execution. In addition to the aforementioned decisions, the arbitrations issued by an external arbitrator may need to be interpreted to clarify the arbitrator's intent. In this regard, the nature and effects of the courts’ verdicts as the interpreters of the arbitrations are the focus of this study. Although unlike rectification it is highly likely to witness alterations in the nature of the verdict during the interpretation of the arbitrator's decision, the nature of the court’s verdict as the interpreter of the arbitrator’s verdict is not transparent. In case this decision is made in a form other than court’s verdict, the involved parties will be bereft of the right to protest, thereby incurring injustice and violation of the rights. The present article is aimed at explicating the nature of the courts’ verdicts as the authoritative agency in interpreting the arbitrator’s decision.

The title selected by a judge for its final decision is one of the crucial elements in judicial proceedings and based on law, it may be judgment or writ. Although there exists a legal standard for choosing a judicial decision's title, the jurisprudences of Iranian courts illustrate that the mistake and negligence in selecting the type of judicial decision are probable. It is impossible that the judge himself can vary the decision's type after issuing it because such a change leads to modifying the basics of the decision that it was banned by regulations. Given that any type of judicial decision has special effects on proceedings and rights of members of action and its type remains unknown can violate their rights, it is necessary that the appellate court interfere to correct its type in respect of the jurisdiction of corrective proceedings. By using a way descriptive-analytical manner and with library resources and jurisprudences, firstly, it was investigated the theoretical basics and the source jurisdiction of the appeal courts in describing the type of judicial decision and its legal standard. Secondly, we researched the feasibility study of describing the type of unknown type decisions to judgment or writ in this paper. To conclude, the article showed that the appeal courts do not have permission to describe the type of unknown type judicial decisions for protecting the rights of persons and the proper implementation of the current regulations. However. it is presented several suggestions for amending civil procedural law.

Legislator's support for the trademark owner is in line with the creation of business and its prosperity by the investor and entrepreneur, and this support should not prevent the creation of business by competitors of the trademark owner without a valid reason. Combined trademarks are examples of trademarks that, due to having different components, have the possibility of conflicting with the rights of competitors and third parties. This research tries to extract criteria related to infringement of the rights of owners of combined trademarks by reflecting on the fundamental standards and legal approaches of the leading systems, by analyzing and criticizing the domestic and foreign jurisprudence. In this regard, in this article, by examining the domestic and foreign judicial procedure, the analysis of the rules forbidding decomposition and the dominant feature in the analysis of the cases related to the infringement of the rights of the owners of such signs are discussed. The results of this article indicate that in the cases related to the infringement of combined trademarks, the courts will fully examine and compare the combined marks, and on the other hand, they may consider one of the characteristics of the mark more important in the analysis of the likelihood of confusion.