Direct action is one of the grounds that legislators protect creditor rights. Following the 2016 amendments to the French Civil Code, direct action, which had long been accepted in French law, was specified in the Civil Code. Direct action does not have a clear legal status in Iranian law, but it has been analyzed by jurists in Egyptian and French law. The purpose of a comparative study of direct action in the first place is to clarify its theoretical aspect in Iranian law to be considered in the amendments to the Iranian Civil Code. Secondly, the practical aspect of this legal institution, as mentioned in Egyptian law, is important. Because the direct-action mechanism can reduce the prolongation of the trial and, consequently, reduce the volume of litigation. Under Iranian law, as in Egyptian and French law, the practical aspect of direct action can be provided by anticipating this legal institution in a lease, tax evasion lawsuits, alimony lawsuits, and other cases that are challenging for the judiciary. This will be an effective shortcut for both the beneficiary and the judiciary.

The theory of the conversion of null act into valid act is one of the most important and fundamental solutions to the global policy of rescuing void contracts. This theory first became legal in Article 5 of German Civil Law and is currently accepted by most contemporary legal systems, but unfortunately, it is not yet recognized in the Iranian legal system. There is a great deal of evidence in Imamia jurisprudence which shows that the acceptance of this theory in Imamia jurisprudence and consequently in the Iranian legal system is devoid of any objection. According to the writers, common sense accepts in cases where contract subject to mutual agreement is void, and at the same time, that contract is subject to the elements of another contract, according to the court order, the effects of the new contract can be applied to that null and void contract. At present, most intellectuals agree with this theory. The examination of the legal documents of countries such as Egypt and France shows us that it is not so difficult to accept this theory in the Iranian legal system because the legal system of Iran and Egypt has been in written and codified form. In the legal system of Iran, the conversion follows the teachings of Islamic law, and the effect of the French law on civil and commercial regulations of both countries is evident.

The Civil Procedure Code does not mention the characteristics of a third-party contested decision. Some of these characteristics have been studied by lawyers. However, there are still differences of opinion in these cases. Therefore, it seems necessary to recognize these conditions and examine the limits of their application. The present study has listed five characteristics for a third-party contested decision, the existence of all of which is a requirement for the third-party contested claim to be admissible. These conditions are: 1-The third party has been directly affected by the contested decision. 2-The contested decision must be a judgment in nature and issued against the defendant. 3-The contested decision has been issued following a lawsuit (appeal order). 4-The contested decision has become final. 5-The contested decision has been issued by a judicial authority or by an arbitrator. Therefore, it is not possible to use the legal institution of third-party contested decision for decisions issued in quasi-judicial authorities. Background and Objective: The present study seeks to examine and enumerate the conditions for a decision that a third party can object to. In fact, what conditions should a verdict have in order to be subject to third-party objection? These conditions have also been adapted to the regulations of French and Egyptian civil procedure. Materials and Methods: The present study seeks to achieve the research goal by using descriptive and analytical methods and utilizing the library method in data analysis.

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of the Islamic Penal Code takes into account the many implications of this disorder, namely the lack of understanding of the dignity or the nature of criminal conduct and the existence of doubt in the development and perfection of the mind Which is called fool (weak-minded) in jurisprudence due to lack of intellect. These people are known as people with mental illness, including mental retardation, delirium, and dementia. According to Article 140 of the Act, which expresses the condition of criminal responsibility should not regard fool (weak-minded) accusation as having a criminal responsibility if any crime is committed. Because the penalty is based on criminal responsibility consequently, the condemnation of a perpetrator of a crime hodud or qesas is forbidden and even it should be said that the punishment mentioned in Article 89 of this law is also contemplative. Therefore, in accordance with law, they will be sentenced in the case of committing the above-mentioned offenses or taazir to Hedging and education activities. In the Egyptian law, dementia, inside, in the meaning of Disorders of the scorpion, has a madness sentence that is criticized.

One of the most important concerns over judicial systems around the world is guaranteeing the conformity of definitive judgments with law and legal principles. In French law, despite the fact that the appeal in Cassation Court (pourvoi en cassation) is widely accepted, the jurisprudence does not stop in this phase; in all cases where ordinary or extra-ordinary ways of appeal are abolished by the law, in cases of the ultra virus actions of the judicial authorities, the parties could resort to autonomic appeal. This appeal is created by the French jurisprudence. Taking into account the restricted domain of appeal in the Supreme Court in Iranian Law, especially in civil matters, it is necessary to consider the mechanism of other legal systems in respect of controlling the correspondence of definitive judgments with law and legal principles. For there reasons, the domain and conditions of autonomic nullity-appeal in French Law have been studied in this Article.

In respect of justification of tortious acts (faits justicatifs) of the lawful superior and the subordinate, there are specific provisions or regulations and principles of civil liability in various countries. However, in order to justify the tortious act of the lawful superior and the subordinate, there must exist four conditions: “public official”, “competent legal authority”, “legal order” and “compliance with the prudence”. One of the fundamental issues in different legal systems is the test and standard of liability of the official in executing unlawful order. That is, a standard which determines in what cases of the execution of the order, the subordinate would be liable and in what cases the lawful superior. In some countries, for example France, the court will examine whether in the circumstances of the particular official, a reasonable and prudent official would have obeyed the unlawful order or not. In case of obedience in such circumstances, the official would not be responsible. But, in other countries, such as Egypt, Syria and Iraq, the subordinate must generally compensate damages caused to others unless he/she believes the order is unlawful and he/she exercises prudence in executing the order. As to Iranian law, one can say that the test and standard of liability of the official in executing unlawful orders is behavior as a conscientious official with precaution as expected from a reasonable and prudent one. The authors attempt to study the scope and conditions of justification of the tortious act of lawful superior and official in a comparative manner.

Capacity is the competence of individual statuses as natural persons and also juridical persons who are entitled to exercise rights and obligations. The concept of capacity has been accepted by most of the legal systems. Based on their capacity, individuals are aware of their potential rights and obligations.The purpose of such regulations is to regulate the trading system in the general sense from birth (or formation) to the time of death (or dissolution). In this research, a comparative study between Iranian and French laws has been carried out by library and descriptive-analytical methods.First, the concepts and principles related to the capacity of natural persons are mentioned. Then, this subject is examined in the field of commercial law.The main question in this research is whether the rules related to the capacity of individuals in the field of business are similar to those of civil law or each field is governed by a distinct system. The other question in this research is whether the incapacitated persons have the opportunity to do business or not. Besides, whether or not the natural and legal guardians are capable to conduct businesses as the legal representatives of the mentioned individuals. This research is based on the assumption that the regulations of civil and commercial capacity are similar to each other. However, there are some dissimilarities which need to be assessed.Despite advocates beliefs, critics assume that, even in the case of permission of guardians, incapacitated adults are not able to carry out business activities. Meanwhile, the legal or natural guardians are not capable to conduct businesses as the legal representatives in this case.

For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it.

Comparative advertising is one of the current methods of advertising goods and services. This method has been established Based on comparing products and services in the essential characteristics such as quality, raw materials, the effectiveness of the product or external elements such as price and warranty period. Comparison can be either explicit by mentioning the name and trademark of a competitor or it can only imply the comparison with other trademark. Different approaches have been adopted in different legal systems in relation to this phenomenon because on the one hand, comparative advertising can be effective in informing consumers and protecting their rights, and on the other hand it may overshadow the rights of other competitors. At first it was the French lawyers and their jurisprudence, that according to the general rules of civil liability and prohibition of misleading advertising Law, consider the comparative advertising as an example of unfair competition and so it was prohibited and punishable. However, eventually french Laws have been reformed and the this kind of advertising – by adapting some legal requirements-became legitimate. in European Union comparative advertising had a similar story and after the ban, eventually with the guidelines issued by the European authorities, in compliance with the limits and conditions set forth in the guidelines, was legitimate. In Iranian Law and Islamic jurisprudence, there is no specific rules on this matter, but according to the general rules of Islamic jurisprudence, comparative advertising can be accepted as a legitimate method of conduct.

Human trafficking can really be accompanied by such criminal acts as trafficking for sexual exploitation, gob exploitation, home slavery, forced theft and forced beggary. Combating these phenomena is usually carried out through suppressing human trafficking perpetrators. Criminal definition of human trafficking which has recently been subject to change, considers severe punishment for the perpetrators of these crimes. Nevertheless, proving the crime of human trafficking is still difficult because it requires specializing tracking agencies and officials, complicated investigations and it sometimes need criminal proceedings in many different countries. Therefore; in the present research, using a descriptive-analytical method, it attempts to probe into the measures taken to counter organized human trafficking crimes in the legal system of France and by considering the pitfalls of the legal system of Iran, some suggestions are given in order to eliminate them. In the end, these obtained results about which the Iranian legislators do not have any efficient and clear approach to specialize the criminal proceedings in regard to the organized human trafficking crime, and taking the present research into considerations, it is suggested that the present laws of our country be reformed according to the modern requirements of the society and the increasing expansion of crimes based on an efficient criminal policy and appropriate specialty commensurate with the vast impacts and dimensions of these kinds of crimes.