نشریه دیدگاه های حقوق قضایی
پیاپی 53 (بهار 1390)

The world of knowledge is consisting of imagination of propositions,some parts of which are imagined and recognized and the rest are doubted.Recognition of concepts in mind and categorizing them has a main role in development and deepening of the jurisprudence and law science. Separation of the existing dimensions of the mankind and considering their performance in the area of credit knowledge prevents from the futile verbal quarrels and the common language will be created to express the intention. The conceptions recognition essay in jurisprudence area is mainly working on the fact that there will remain no way but to recognize the mankind and without the recognition of the “To be” and “Must be” from each other and the distinction between the concepts that are actually the elements for mental structure of the human, an accurate and deep understanding of the credit knowledge of jurisprudence and law will be impossible.Where, the credit propositions are recognized from other propositions and the credit authorities are recognized of other authorities, the obligation side of legitimacy of mankind will be also discursive and reasonable.

” Right is manifestation of freedom in history.” This word is one the articulations of concept of right by Hegel. What does this word mean exactly? Is there any considerable meaning behind this word? Having an answer to this question requires studying really sophisticated philosophy of Hegel. Fortunately Hegel has a special survey on concept of right. His thoughts about concept and nature of right have published in a famous work called “philosophy of right.“Hegel’s philosophy of right (like any other thing) is a part of his general philosophy and has an organic relation to it. Hegel thinks that universe and the whole of reality is a process of self-development. In this process Absolute thinks itself and in a dialectical process develops itself and the history is the place and lieu of development and becoming of Mind. At first Absolute is an Idea in a subjective manner (logics), secondly in Nature it becomes objective and finally in Mind it returns to itself and subject and object integrate. The right is a product of process of unfolding of mind in the history. In Hegel’s philosophy, right is a necessary product of Mind or general reason not an institute established by some particular person forparticular ends. Just as a result of this reason that right is not established to answer particular demands and motives, it is produced freely. So Hegel says that right is manifestation of freedom in history.

Aware of the conditions in Shiite jurisprudence like tricks science in Sunnite jurisprudence was paid attention by the Islamic jurists. Need for concluding the contracts, not having a place in the determined and agreed contract and need for achieving the effects and results were, not being legal especially informed by the authorized history and made naturally the accuracy of those contracts and legitimating of those effects and results suspicious were the main cause and motivation for especial attempts of the jurists in the subjects of the conditions of contract. Among these, the resulted condition, like the other kinds of the conditions of contract is a subdominant obligation (conditional commitment) and is distinct from the principal obligation and achievement of the results in which is not based on an independent composition and get the results without relying on an especial reason, was more doubted and questioned.Doubt and, in following, the careful considerations and checking’s generally in comparing the result condition with other kinds of the conditions of contract, the accuracy of the resulted condition, inclusion of conditions guides attributed to the resulted condition, inclusion of generalities of necessity to fulfill contract attributed to the resulted condition, causality and/or at least, independent composition causality attributed to the resulted condition, establishment of the principle in the suspicious resulted condition,the influence of the conditions of objective contracts in the meaning of resulted condition and possibility of commitment and waiving the resulted condition were fulfilled. In the present study, that group of the respectivemeanings and fundamentals effective in finding a suitable respond to the mentioned doubts were investigated.

This article deals with the rights of the innocent tradesmen who form and execute the commercial contracts with the apparent authority of the companies or take commercial papers apparently valid, having confidence in apparent solvency of the buyers. These acts of commerce are normally concerned with a enormous quantities of merchandises which should be realized rapidly from production sectors to public consumption. So, the parties to such contracts do not find their selves in a good position to verify the reality of the persons or the things.For this reason, the traders are considered in French law as the innocents in good faith without any contractual protection, who can however find legal support in private laws.In fact, our civil Code with the traditional conceptions referring merely to the contracts, influence our commercial code which has French origin rules relating to the ostensible rights in its social context. So, it ends to the negligence of the Courts vis a vis the notion of "appearance" in commercial acts for only respect of the contractual aspects of the said civil code. Judicial position o do justice in commercial cases.

This writing clearing the article from the view of Islamic rights. Be sedides of Epistemological arguments at least there are two section of secular and religious which are contraling explaining of signet. That each of them has individual specialty of knowing knowledge.Commentator of signet in the view of secular believes sever differ between religious and intellect and due to conquering the most intellect to universe and existence from one way and the other way to gain intellectuality but relcqaus signet with paeing toward to balancing of intellect most related to inspiriting and emphasizes, since man's intteetual is not able to concept and its need and needs. So must abbey the orders of holy which in related to inspiration.

Genetic research achievements are essentially different from the other intellectual beings - scientific, industrial and commercial - that their intellectual property is recognized, because the achievements in this area dealing with health and human dignity and recognizing the monopoly privileges for their owners in the form of intellectual property will cause unjustified discrimination between human beings and deprive part of them from the common heritage of human.Today, scientific achievements are considered as the components of countries scientific secrets and economic capital of natural or legal persons and hence the discussion of the possibility of the recognizing the intellectual property right on mentioned achievements and its legal form and manner is very important. Also in this field, the role of intellectual property on many scientific and technological activities is determinant and decisive and therefore a deep and urgent attention must be paid.

Economic security is one of preconditions for gain development as the most important specification of Iranian society in perspective of Republic Islamic of Iran in 2025.In this Article I firstly try to explain concept of “Economic security” in law and Economics. Then these questions will be studied:” which is the legal aspects of economic development? Which is the legal duty of judiciary and government and law maker for gain economic security? Which is the legal problem of economic security and development? What's importance of security in development?