Legal Research
Year:2024 | Volume:27 | Issue:107|Papers Count:14

Among the constituent parts of law, shared between public and private law, is civil liability, which has a long history and each legal system has contributed to it. This Article tries to explain the historical roots and theoretical foundations of civil liability in the Indian legal system by emphasizing the theory of strict liability, which is one of the four major theories in this field. In fact, the purpose of this research is to investigate the formation of civil liability in India based on the mentioned theory. This theoretical research, in addition to adopting a historical approach, is based on the descriptive-analytical research method and has collected information in a library form by referring to existing books, documents and articles. The findings of this research indicate that civil liability in India – centered on the theory of strict liability – has been influenced by British law in most of its aspects. However, its foundations are various which have affected the evolution of the traditional legislative and legal system of this country, and as a result, the Indian legislator has not and does not ignore the conditions of the Indian society in the implementation of the relevant rules. One of the most important evidences of this difference is absolute liability, which is derived from strict liability and is used in the field of ultrahazardous activities.

Numerous factors, including individual and social factors, can be related to the demand or non-demand of the right of punishment by avengers of blood. the purpose of this study is to investigate the relationship between the variables of murder method, precedent of decision and collective quarrel with the decision of the avengers of blood.The present research is conducted by Survey method and Chi-square and Phi Kramer correlation tests were used.The statistical society is premeditated murder cases in Tehran that occurred in March 2004 to September 2015 in Tehran and executed to September 2016 in which one- hundred cases were selected by convenience sampling method and SPSS software was used. According to the research findings, in cases where murder is considered cruel due to indicators such as the use of clubs and swords, inflicting more than two blows, sexual harassment of the victim and burning and amputation of the corpse, in %57/1 of cases leading to retribution,while in cases where the murder was not brutal, retaliation happen in only %24/6 and in %64/9 it has led to receiving blood money and in %8/8, it has led to free forgiveness. The analysis of the data finally led to the conclusion that there is a statistically direct and significant relationship between the decision of the avengers of blood and the method of committing the murder. The findings also showed that there is no significant relationship between the precedent of the killer's decision and also the mass conflict with the decision the avengers of blood.

The ideological foundations governing the penal system of any country have a direct impact on the formulation of criminal responses and criminal policy in the fight against crime. Children and adolescents as a subject of criminal policy in any society, who play a decisive role in the fate of any country, are very important that necessitate the adoption of defamatory criminal policy in the field of punishment. One of the differential manifestations of the intellectual foundations of responding to the criminal behavior of offenders is the acceptance of the idea of the "right to rehabilitation" instead of the "right to be punished" for children and adolescents. The right to rehabilitation is one of the most prominent human rights; in such a way that a person has these rights from childhood and in all stages of his life, even when he is convicted of a crime. Therefore, all governments and rulers, regardless of the religion of the members of society, while respecting their equal rights in political, economic, social and cultural terms, are committed to provide a suitable environment for the growth and excellence of children, especially delinquent children. One of the fundamental rights of the human family is the right to reform and rehabilitation. The exercise of this right plays an important role in replacing values and norms commensurate with social developments in a collective and widespread way in collective life. This right is based on humanitarian, religious, and criminalistic principles that require the existence of such a right for delinquent children and has unique effects and results, such as the priority of implementing reform programs instead of punishment for delinquent children and the participation of non-legal institutions in the process of responding to them.

AbstractCyberspace is rapidly turning into a major tool for exercising the right of freedom. Cyberspace amalgamates in the media the right to receive and the right to release information, ideas and beliefs in the form of a written text, audio file, or a video file. As well as providing access and enormous amounts of information to millions of audiences ac   ross the reach of all people with access to a computer and telephone line, new challenges and legal issues require the right and proper regulation.Therefore, this study aims to closely examine the cyberspace content regulation in the area of the freedom of speech in two areas of child pornography and hate speech in cyberspace through an interdisciplinary approach. The results of this study indicate how efficient the current regulatory framework is and how effective and efficient the regulatory framework should be in the area under discussion.Key Words:Freedom of expression -Cyberspace-Regulation -Hate Speech-Pornography

With a descriptive and analytical method, this article has tried to answer the basic question whether the governance model based on labor and capital participation in the structure of Iranian commercial companies can be applicable or not? The results of the article show that despite the fact that Iran's legal system has not had an explicit provision regarding labor participation in the board of directors of commercial companies, however, The basic idea of paying attention to employees has been in the legal regulations governing Iranian commercial companies but unlike some legal systems such as Germany, it has never led to the direct participation of employee in the management structure of commercial companies. Meanwhile, the theory of "participation of labor and capital" can be a useful mechanism for realizing the goals of corporate governance in Iran's legal system, both from a normative and instrumental perspective. This model of corporate governance has positive consequences from the perspective of reducing information asymmetry, encouraging firm-specific investments of the employees in the company, securing the interests of others corporate stakeholders and the sustainable development of a commercial company. By presenting a gradual mechanism and in accordance with the context of the legal regulations governing Iran's commercial companies, this article has introduced the governance model of participation labor and capital as an alternative method - at least in some commercial companies with a large number of workers.

عمل اداری به عنوان مفهومی محوری در حقوق اداری به رغم داشتن آثار متعدد در اجرای حقوق اداری و تشخیص صلاحیت دادگاهها، در قوانین ایران تعریف نشده است.دکترین در مراحل اولیه و بازنگری است،رویه قضایی نیزایجاد نشده است.لذا این مقاله برای نیل به هدف تبیین مفهوم عمل اداری، رای یکی از شعب دیوان عدالت اداری را با روش تحلیل رای بررسی نموده است.قاضی صادرکننده رای اعتقاد به انحصار صلاحیت دیوان در رسیدگی به عمل اداری داشته و قانونی بودن و در راستای انجام وظیفه قانونی بودن را از شروط شکل گیری عمل اداری دانسته است و عقیده دارد،عمل اداری در اعمال حاکمیتی با هدف برقراری نظم عمومی یا انجام خدمت عمومی وجود دارد.نویسندگان این مقاله معتقدند گرچه اصل بر نظارت بر عمل اداری در چنین نهادهایی است و عمل اداری نیز باید شرایطی داشته باشد ولی این امر ناقض صلاحیت دیوان نیست.قانونی بودن،در راستای انجام وظیفه بودن آن،دنبال کردن حفظ نظم عمومی و انجام خدمت عمومی می تواند از شرایط صحت عمل اداری باشد ولی فقدان آنها نافی صلاحیت دیوان نمی باشد.در نهایت این مقاله ضمن تبیین مفهوم عمل اداری بدین شرح «یک تصمیم یا اقدام اعم از فعل یا ترک فعل است که مقامات و مامورین اداری دولتی و عمومی با قصد ایجاد آثار حقوقی بر اشخاص و موارد معین و بصورت غیر ترافعی انجام می دهند»؛ به این نتیجه می رسد که مفهوم عمل اداری مورد نظر رای مطابقت دقیقی با قواعد نداشته و برخی معیارهای دیگر از جمله شروط صحت عمل اداری در تعریف خلط شده است.

Cyber space and activities such as cyber operations which are conducted in it are one of the new challenges facing the contemporary international law. Accordingly, exploration and determination of issues relating to this space and its related activities, inter alia, from the perspective of international law, has an undeniable significance and necessity. In this regard, the present study has attempted to examine the requirements of cyber operations in territorial sea and high seas in the light of 2017 Tallinn Manual 02. The findings of this paper imply that conducting cyber operations in the said maritime zones should be compatible with the principles and rules which govern them. Generally speaking, cyber space is not a new territory or area for human activities in the framework of international law. Consequently, cyber operations are considered cyber activities which are conducted by human beings in land, sea, air and outer space and, as a result, are governed by international law standards applicable in this territories.

Contractual agreements in venture capital, which is the primary source of financing for startups, can be divided into three categories: financial, control and exit agreements. Exit agreements refer to provisions that aim to facilitate investors' access to a successful and efficient exit from a venture-backed company. This is the ultimate and most critical phase of venture capital. Among the exit agreements, two of them directly affect the transfer of shares to third parties, which are the primary and common exit strategies and ways in venture capital. These two provisions, which are called the “exit agreements with effect on the transfer of shares to third parties” are the “Drag-Along Right” and “Tag-Along Right”. Analyzing the nature and function of the aforementioned agreements and examining their conformity with the relevant legal rules and regulations, as well as jurisprudential principles, reveals that despite doubts, implementing these important and useful provisions as legitimate agreements that do not conflict with imperative provisions will not face any legal obstacles under the Iranian legal system relying on the principles of freedom and validity of contracts.

One of the basic duties of the government is to make decisions in order to achieve results and realize the desired political vision. The offices of the government board, which is one of the most important institutions of the executive branch and at the same time the most unknown of them, play an essential role in the decision-making process of the executive branch and perform different roles and functions. The purpose of this research is to compare the offices of the government board in different countries from the perspective of its functions, functions and structure. For this purpose, different countries with different government systems, population, culture, history and political power have been investigated. Relevant data were extracted by referring to the websites of government offices or the website of the government and the executive branch and other related sources. The results show that the office of the government board has operated in different countries with different names such as the office of the board of ministers, the office of the cabinet, the government secretariat, the secretariat of the board of ministers and the general government secretariat, and in terms of law, it is the source of creating the organization of the government board office and the appointment of the secretary of the office and determining the duties and The functions of that office are different according to the requirements of each country.

Overriding Mandatory Rules (OMR), which claim to be applied regardless of the application of conflict of laws rules, are a widely used yet relatively new concept in the legal literature that has not been thoroughly examined from the perspective of private international law. Given the transformation of international commercial arbitration into the primary forum for resolving contractual disputes, it is necessary to clarify the approach of arbitration bodies to the issue of OMR. Therefore, from a theoretical perspective, it is necessary to complete the research literature in this field. From a practical perspective, due to Iran's exposure to multiple examples of OMR in international commercial disputes (such as rules on sanctions, consumer protection, competition law, and currency control), understanding the limits of the applicability of third-country OMR can help to protect national interests of Iran in these disputes.In this study, using a descriptive-analytical research method, library and internet sources related to the subject were reviewed with an emphasis on arbitral awards.The findings of the study indicate that third-country OMR are generally applied with stricter standards than those of the governing law, based on conflict of laws analyses and arbitrator's duty to render a binding award. However, the non-application of third-country OMR in arbitration precedent has occured due to several reasons: the lack of adherence by arbitrators to conflict of laws rules, the lack of a close connection between the OMR and the dispute, the non-superiority of the goals provided by the OMR over those of the law of.

Marine accidents, such as the Sanchi oil tanker accident, cause many losses, including human, financial and environmental losses. Such accidents, on the one hand, raise technical issues and on the other, the issue of international responsibility of shipowners and the limitation of their responsibility. In this respect, several main challenges exist in terms of limitation of liability. Regardless of the origin of pollution, this article researches and examines the three main challenges of limiting liability. First, why should maritime liability be limited. This research, using an analytical method, examines the reports of the IMO Legal Committee, the reports of the IOPC funds 1992 and 2003, as well as the rules of P & I clubs. The second challenge is the issue of the uniform limiting of the shipowners responsibility for marine pollution, despite the existing different laws in the national laws for financial responsibility for damages. The third challenge is the issue of the coverage of marine pollution damage claims under Article 2 of the 1976 Convention on Limitation of Liability, which has divided the claims under six titles. In this regard, the main question is whether the provisions of the article 2 of the Convention on Limitation of Liability, which is related to all types of maritime claims, cover all types of pollution damage, regardless of the form and type of pollution.

Despite the different definitions of smart contracts that have been expressed, there is still disagreement regarding their definition and legal nature. Therefore, it is necessary to define the actual legal meaning and nature of a smart contract. Moreover, due to the self-executing feature of these contracts, the study of dispute resolution in these contracts is necessary. In the current research, after reviewing the definitions of smart contracts and how to ensure the self-execution features of them in the blockchain platform, the possible ways to resolve disputes in these types of agreements have been discussed. In conclusion, based on the specific feathers of these agreements, Arbitration has been suggested as the best suitable dispute resolution, and JUR and Kleros have been mentioned as examples of electronic arbitration with a mechanism specific to the blockchain platform to resolve disputes arising from smart contracts. Moreover, examples of electronic arbitration with a compatible mechanism to the blockchain platforms that can be accessible at the international level were examined, and online, decentralized, and fair dispute resolution methods in blockchain systems were proposed.

Today, culinary is considered as an intellectual creation and manifestation of derivative art. Taste, smell, and passion have always been a mixture of culinary art, and innovative dishes combined with innovation and creativity have a significant contribution to the emergence of restaurants and their income. It is obvious that the prosperity and continuity of such a business requires attention to cooking methods and recipes as intellectual property. The current paper tries to verify the different forms of intellectual property rights to support cuisine and recipes and introduce the appropriate legal regime that can provide proper and appropriate protection. In this regard, the manner of supporting is examined in the light of legal issues such as copyright, patent, trademark, trade dress and trade secrets. The achievement presented proves the effectiveness of trade secret rights and attention to confidentiality agreements in the field of cooking. This paper concludes that extending of intellectual property rights on cuisine and recipes, as well as the requirements of such support, are very different depending on the form of protection and sometimes lack the necessary efficiency.

According to the unanimous decision 811 of the General Board of the Supreme Court, in case of being entitled to another right of transaction item and Issuance of a verdict of invalidity, the seller must bear the compensations to the buyer, including the reduction of the value of the price, and if the price is the common currency of the country, the court will determine the amount of the compensation Based on the increase in the price of similar properties. The General Board of the Supreme Court did not mention the legal basis of the provision contained in this decision, but from the detailed study of the Supreme Court's deliberations and the theory of the prosecutor's representative and the writings of jurists, the reference to the two bases of Tasbib and fairness and justice can be considered more prominent; However, according to the authors, none of these bases can be considered as the basis for issuing this decision, rather, this decision is an exceptional and heretical regulation that is inconsistent with the foundations of Iran's legal system.