Apparent agency is one of the new and practical kinds of agencies that has been considered in both legal systems – common law and civil law- and in most laws of different countries in the world – regardless of level of economic and social development - and also in some international documents. Its applications have been increased in different field of agency such as legal entities, new employment relations, hospital liability, bank cards, joint venture contracts, etc. The current article aims to study this theory from legal and economic aspects with analytical – descriptive way; from legal aspect, laws of different countries are presents in a comparative way showing different models of legislating in this field. Findings of this study show that explicit acceptance of this theory, according to several legal and economic benefits in field of agency, is efficient and rejection of this theory will impose significant economic impacts on society.

The interest of litigants as an outstanding factor is a prerequisite for enforcing law in court. Studying the created and actual interest in litigation can resolve many problems of current legal systems. For example, the preventive actions for questioning or provoking the other party to response or act as well as some other protective measures is due to guaranteeing some actual interests of parties. the action for homologs or verifying a contract or the action of tile are some kind of actions that should be accepted in our legal system because of reasonable interest of its litigants. Class action, the action of mother for legitimation of her daughter, annulation of innovation certification, litigation in Administrative Court of Justice and litigation of legal identities show clearly the evolution of interest of parties in litigation. Studies on parties’ interest is a study dedicated to category of actions in every legal system.

The growing various damages caused by environmental pollution, the wide range of victims, the multiplicity of defendants that create pollution on the one hand, and the renewal of domestic law in providing appropriate grounds for imposing civil liability on environmental pollution on defendants and the ineffectiveness of existing temporal environmental statutes in providing apposite ways to prevention and compensation solutions These losses, on the other hand, necessitate the study of the grounds for civil liability arising from environmental pollution in the laws of other countries,This article seeks to study US legal’, s doctrine in the field of civil laibility of environmental pollution and usage in legal decision to creating legal convergence to illustrate the strengths and weaknesses of this doctrine. According to this study, the US legal’, s doctrine despite its shortcomings has been interpreted and empeloyed appositely by judges and lawyers and covered many of the necessities in the field of environmental liability basics.

This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources has been recognized gradually due to relative advantages of both sources. It is maintained that judicial lawmaking can be deemed as complementary source of law alongside legislation. In practice, based on this premises, it is explained that in some jurisdictions, lawyers and legal scholars within written law tradition have recognized more important role of jurisprudence in their lawmaking process. Traditional views towards the role of the judges as mere interpreters of Statutes have changed and their constructive role in developing the legal system as lawmakers has been recognized. It is claimed that decentralized lawmaking (or law finding) system is more appropriate for liberty and market oriented economy. It is believed that judge made law is more efficient than legislation. In contrast, supporters of legislation emphasis on some values such as certainty, clarity and predictability of law making through legislation. Finally, it is suggested that status of jurisprudence within domestic legal system shall be reviewed by Iranian lawyers.

This research article examines legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

In international lawsuits where a foreign element is present in the lawsuit, conflict of laws is inevitable. In such cases, the court judge decides which country's substantive law governs the lawsuit. The basis for determining the governing law in the violation of copyright in the cyber space is not clearly determined in Iran's law, but the legal doctrine in other countries has long sought to establish rules that, by applying them, can determine the most appropriate law for various issues. The course of developments shows that legal doctrine has undergone changes and transformations with the passage of time and the advancement of Internet technology, and new approaches have been expressed by jurists to solve problems. The expansion of the use of Internet technology and the continuous violation of copyrights in this space require the use of new conflict resolution rules, and also the traditional rules will not be very efficient. By adopting the three approaches of maximum protection of the works, the impact of the infringement on the economic interests of its owner, and the integrated approach that includes the traditional rules and the new rules for conflict resolution, the legal doctrine has taken a step towards determining the law governing the claims of cyber infringement of the author's rights. Using the library method, this research investigate the conflict resolution rules based on the traditional and modern legal doctrine and proposes the most effective rule for determining the governing law. This study suggests that the unique characteristics of cyberspace necessitate the application a comprehensive law to lawsuits. Therefore, the criterion of maximizing the protection of, literary, and artistic works is deemed most suitable for determining the governing law in copyright cases.

The doctrine of "unwillingness" and "inability" is cited by the Zionist regime in attacking resistance groups in third countries. This doctrine means the unwillingness and inability of the host countries in confronting the Resistance Groups, gives the Zionist regime the permission and right to self-defense. This article attempts to examine the nature of the above doctrine and the dimensions of its citation by the Zionist regime, using library resources and internationally recognized documents and judicial procedures. It is based on the assumption that the Zionist regime's strategy towards this doctrine faces various ambiguities. Based on the various arguments presented in this article, the doctrine of "unwillingness" and "inability" is not a legitimate excuse to use force and carry out an armed attack against the host country of Resistance Groups.

In the term of science of law and fiqh (Islamic jurisprudence), induction (Istiqra’) is a reasoning that the mind (consciousness) of faqih (Islamic jurist) and law jurist have deduce the common attributions (features) of all ahkam (ordinances) and laws with considering a lot of ahkam (ordinances), laws and regulations (statutes) which the legislature and divine legislator (shar’) have made and enacted for some cases, and they present them as a general Islamic jurisprudential ordinance (verdict) or legal doctrine and the manner (practice) of wise men, the unity of criterion with the validity of meaningfully recurrent, innate multiplying of knowledge, the unity of criterion with the validity of Suspicion in the particular instances have been counted of the validity of the induction (Istiqra’) in deducing general jurisprudential ahkam or ordinances and legal doctrines.The legal liability of ownership of the object of sale and price in the defective contract, the excusal of maker (originator), the principle of No harm, no harassment in Islam, the principle of tazir (punishment for crime not measuring up to the strict requirements of hadd punishment) according to the recognition of the governor (Al-Ta’zir Bema Yarah al-Hakim) are of many general Islamic jurisprudential ordinances or legal doctrines which are obtained by the mechanism of induction (Istiqra’). The Islamic jurist (faqih) for deducing a general Islamic jurisprudential ordinances and law scholar for finding a legal doctrine use (step) two stages; First, they collect cases and evidences which are the same and similar and in the second step, with a careful look to the matches and equals in hukm (legal doctrine) and subject of hukm, they achieve a proposition which contains a general Islamic jurisprudential ordinance or legal doctrine and obtain its scope and area.

Misuse of the rights granted by law – i. e. patent misuse– is a major concern of authorities. Patent misuse happens when the owner(s) of a patent attempt to benefit from it beyond the scope envisaged by law. Expanding the scope of a patent, cases of Patent-tie, and extending the duration of a patent through licensing are the most prominent examples of patent misuse. The United States’ legal system and its patent laws have tried to forestall such acts by developing the independent doctrine of “ Patent misuse” ; however, this doctrine is so integrated with the foundations and principles of competition law that it has partly lost its identity and independence. Nevertheless, patent misuse is still used as an effective measure in patent infringement cases. As for Iran’ s legal system, the aforesaid doctrine has not made its way into the laws in an explicit manner; however, instances of regulations against patent misuse behaviors can be spotted. All in all, it is evident that our country’ s patenting system has paid no heed to this doctrine and, thus, has missed the opportunities and advantages it could offer. The present paper seeks to investigate the implementation of this doctrine in Iran’ s very legal context while analyzing the approaches regarding the doctrine’ s connection with competition principles, explaining the concept of patent abuse along with its history and development, and pointing out its examples in the United States’ legal system as its place of origin. Moreover, the shortcomings and inefficiencies of Iran’ s patenting and competition system with regard to this issue are also revealed and certain solutions are put forward for benefiting from this doctrine’ s potentials.

IntroductionLegal system is a legal concept that has been addressed less directly, except in a few cases. Legal order and later on legal system were initially introduced into legal literature by German jurists. In the first half of the 19th century, scholars of public law in Germany pioneered the discussion on the concept of legal order, influenced by the philosophies of their predecessors, namely Kant and Hegel. Similarly, the concept of a legal system, denoting an organic and systematic set of rules, emerged concurrently with the concept of the rule of law in the scholarship on law. The concurrent emergence suggests that the prerequisite for the existence of a legal system is the prior establishment of the rule of law. In all likelihood, the concept of a legal system had held more significance for scholars in private international law, whose aim was to elucidate how the rules of one system could be applied in another. Therefore, recognizing the concept of a legal system seemed to be a precursor to delving into the core discussion of international law. Later on, the concept of a legal system fell into neglect and received scant attention until it regained its importance during the 20th century. However, the revival did not stem from the inherent significance of the legal system itself, but rather from a debate between positivists and anti-positivists regarding the concept of law. Neither Hart nor Fuller—as the great figures of positivism and anti-positivism, respectively—explicitly referred to something as of legal system; however, their formulation and theorization would inevitably end up in the concept of a legal system. In any case, legal system can be viewed as a cohesive set of all elements that significantly contribute to establishing the rights governing the life and functioning of any human society.In this respect, the present study aimed to investigate the nature of the concept of a legal system by addressing the following questions: Why is the concept of a legal system important to us? What is a legal system? What are its defining characteristics and constitutive components? How are the components intertwined? and What kind of relationship does the legal system impose on its internal environment? It is presupposed that a precise conceptual definition of legal system is essential to understand the relevance between ethics and the legal system. Accurate identification of constituent elements of the legal system, as well as a careful examination of the criteria for the system’s validity, are crucial steps to gain insight into the relationship between ethics and the legal system. Literature ReviewAs the legal system consists of a set of laws, understanding the legal system requires a detailed analysis of the nature of law. It is thus crucial to note that any conceptualization of law significantly influences the understanding of the legal system. In the literature on legal studies in Iran, it seems that that there is a dearth of research concerning the conceptual and philosophical definition of legal system. The concept of a legal system and its related notions have not been a focal point for Iranian jurists. Although a few significant translated works deal with the concept of law, there is no independent research specifically dedicated to the concept of a legal system. In the non-Iranian context, the English-language literature includes notable works published in the early 70s, such as The Concept of a Legal System by Raz (1970) and Normative Systems by Alchourron and Bulygin (1971).The concept of law, as a normative-cum-institutional system, has become a battleground for positivist and non-positivist doctrines. The discussions on the existence, elements, and purpose of the law form an integral part of the analysis of the concept of a legal system, with each jurist and scholar interpreting it based on their theoretical perspective. In general, a legal system is deemed to exist when its laws do exit. Therefore, to understand the legal system requires a keen understanding of the conditions under which the law exists. Materials and MethodsThe present research employed a descriptive, analytical, and conceptual methodology, relying on library research and internet resources to collect the data. ConclusionIn light of the research findings, it seems that the study of the theory of a legal system is still in its early stages, for neither the nature of associated issues nor its significance has been recognized and understood. The research highlighted that understanding the nature of law requires an understanding of the internal relationships among laws, emphasizing that every law is necessarily linked to a legal system. In summary, it appears that the analytical theory of a legal system suffers from two shortcomings. First, it neglects the problematic issue of content, thus offering an inadequate explanation of the legal system’s dynamics. Therefore, such a theory needs to be complemented by ethical considerations. Second, this doctrine falls short in giving adequate attention to all constituent elements of the legal system.