JOURNAL OF INTERDISCIPLINARY LEGAL RESEARCH
Year:2020 | Volume:1 | Issue:3|Papers Count:7

Background and Aim: The aim of this research is a study of a balance between the rights and duties of holder of a negotiable instrument in Iranian negotiable instruments law and recognition of strength and weakness points and lacks in existent provisions. Materials and Methods: This is a descriptive Study. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: The legislator in Iranian negotiable instruments law tried to create a balance between the rights and duties of persons entered in negotiable instrument and in accordance with that in opposing the rights such as collective liability of signers, possibility of demanding vast conservatory injunction etc. that give to the holder in order to strengthen and accelerate in payment the sum inserted, imposed to him duties such as delivering of instrument for acceptance and payment to drawer. Conclusion: Iranian negotiable instruments law have not reached success to Balance Between The Rights And Duties of Holder of Negotiable Instrument; because in one hand, in spite of doing legal duties, there didn't given a suitable right to the holder in such a way that obligor or liable to instrument can or by invoking to see of, weaken his position and in other hand, in some cases, created for him unilateral rights.

Background and Aim: The term “ National Monuments” is a familiar title for today’ s citizens. However, this term is not as old as nine decades. The first time, this term has been mentioned in the books of intellectual authors in the Qajar era. After the establishment of Pahlavi, special legal rules have been passed in 1930. Materials and Methods: For present study, the analytical-descriptive approach has been chosen. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: In laws and regulations related to national monuments, we cannot consider a comprehensive definition in this regard. Similar concepts such as cultural possessions, historical property, artistic property, antique treasures, national treasures, and natural monuments overlap with this concept. Conclusion: According to the current legal order in the field of national monuments, spending one hundred years is necessary for the description of the cultural-historical monuments.

Background and Aim: One of the most important tools with the function of insurance in the contemporary era is Takaful, which is based on Islamic jurisprudence (Sunni jurisprudence) and despite its short life, has gained a good position in the insurance market in Islamic countries. Since Islamic contracts are used in the structure of Takaful, a jurisprudential and legal study of the structure of Takaful and attention to the interests of participants as a guarantee for the stability of this institution in the insurance market is inevitable. Materials and Methods: This is a descriptive Study. Ethical Considerations: Honesty and confidentiality have been observed. Findings: In this article, two endowment and attorney models of Takaful based on jurisprudential and legal principles are discussed and the theories of Sunni and Imami'ah jurisprudence and Iranian and Malaysian law system regarding the doubts in Takaful are examined. Non-acceptance of endowment of money, non-acceptance of endowment by legal entities, incompatibility of endowment of company property with the nature of insurance commercial companies, problems in Imami jurisprudence and Iranian law are important impediment on the model of endowment. Conclusion Some Takaful contracts, such as the endowment institution, may not be in line with the rules of endowment in Iran, but the model of the attorney contract can be considered correct in both Imami'ah (Shiite) and Sunni jurisprudential views according to the principle of necessity and the principle of validity of contracts.

Background and Aim: Supervision of Public company is accepted in most legal systems. In the legal system of Iran, inspectors are liable for overseeing Public limited company and in other countries like UK; this is the auditor's duty. Given the importance of the proper function of auditors and inspectors in protecting shareholders' rights, their liability has been considered in numerous rules and judgment. Materials and Methods: For present study, the descriptive approach has been chosen. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: This article, which deals with comparative study of liability of inspectors and auditors in these two legal systems, first, it described the duties of the "inspector" of the Public limited company in the Iranian legal system along with the legal duties of the auditor in the UK. The findings of this research indicate that failure to process accounts, failure to declare violations or offenses and disclose company trade secrets are the most important examples of behaviors that lead to the emergence of liability of the company's inspectors and auditors. Conclusion: In UK, based on statutes and case laws, the responsibility of auditors was acknowledged toward legal person of the company, the third parties as well as shareholders. In Iranian law, the most important related legal reference named Commercial Law Bill (1968) has limited inspectors responsibilities only toward legal person of the company, the third parties but shareholders should also be added.

Background and Aim: Sometimes, there is a lawsuit against the martial arts champion to claim bodily harm inflicted by them. This injury can be inflicted in the clubs against the training opponent, or in the streets, to attack or defend against an invader as well as in official matches. The main question is civil liability of warriors for harm done to another. Materials and Methods: This is a descriptive Study. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: In countries like the United States, there are many cases in the courts about Struggles leading to injury during sports. In Iranian courts, despite the consent of the participant in the competition or club exercises, this defense sometimes is not accepted and then coaches or warriors are liable to compensate. The present article examines the civil consequences of non – vital hand and foot blows in the streets or at the club during training with competition. It further suggests full insurance coverage of clubs and competitions. Conclusion: If an athlete inflict a harm to others during the game, if it is unintentional, it does not results in responsibility; but if he intentionally inflict harms to others, according to article 32 of the Civil Liability Act, he will be responsible for compensation.

Background and Aim: Science of law is an instrument to regulate the relationships between persons and subjects. Doubtlessly, today human persons as the main subjects of law also are considered as the ultimate intent of law; as the result, human rights have a very important status in the governing legal order. Materials and Methods: This is a descriptive Study. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: The very concept of human rights by a reading different from the current one, have been existed since the early stage of birth of philosophical thoughts; but, through the time and by the introduction of concepts such as “ government” , “ sovereignty” , “ law” , and “ rule of law” the way of human right entering the space of implementation undergone basic evolutions. Conclusion: In the text of the Universal Declaration of Human Rights, one may see how schools of philosophy, law, and politics have been crystalized in it.