INTERNATIONAL CONFERENCE ON JURISPRUDENCE, LAW AND RELIGIOUS RESEARCH | Year:2022 | دوره:5 |Papers Count:3

The rights of the child are part of human rights issues that need serious support from the international community. Given the need to address child rights issues at the community level, this paper examines the rights of the child, adopted by the United Nations General Assembly in 1989 as the Convention on the Rights of the Child. It is an effective step in protecting the rights of children. In addition, this article refers to the position of some countries, including the Islamic Republic of Iran, towards the Convention on the Rights of the Child.

In maritime transport, unlike land and air transport, the type and basis of liability are disputed among jurists,Some jurists agree with this basis in accordance with the Iranian Commercial Code and other regulations (assuming the responsibility of the carrier) and others assume the fault of the carrier with the characteristic that if the carrier in the cargo (Commodity) has committed an offense, he is not responsible and otherwise he is not responsible (it seems that the basis of this opinion is the subject of the Brussels Convention in this regard). In Iranian maritime law, it seems that the opposite condition is accepted (in reducing or removing the crew member) unless the crew has not prepared the ship for navigation in time, or the necessary equipment and staff are not equipped, or warehouses and other parts of the ship that They are used to transport goods that are not ready to be transported, in which case it is the fault of the person in charge. In this article, which has been compiled in a library method, with a comparative approach (in Iranian trade law and international documents related to maritime transport), we will be in a position to examine the aspects of exemption from civil liability of maritime transport operators, which we will see at the end. Regardless of the basis and nature of the liability of maritime transport operators, this group of trade representatives can invoke certain aspects of the exemption, which are also mentioned in international instruments and regulations, to relieve liability.

Preliminary agreements are becoming more and more important in economic and business life. Unfortunately, there is no explicit text in the civil law or other laws in the country regarding preliminary agreements and pre-contractual liability, and for this reason, the courts face serious problems in applying the provisions of contract law to preliminary agreements. Although the insurance contract is similar to other contracts, it is subject to the general rules of contracts, but the involvement of the element of "probability" in this type of contract has given it a special basis and in some cases has caused its non-compliance with general contract rules, such as pre-contractual obligations or conclusion. Contract in it. Therefore, this paper intends to examine the validity and applicability of preliminary agreements in the insurance contract.