نشریه تحقیق و توسعه در حقوق تطبیقی
پیاپی 21 (زمستان 1402)

In this editorial, we aim to introduce a legal research area to researchers. This research area raises and proposes multiple research topics for researchers. The core of this research area is the question of the responsibilities arising from the non-realization of the goals and programs approved by the governance system and government officials! In this editorial, while explaining this question as a research need, we specifically focus on the liability arising from the non-realization of the Iran 1404 Vision Document, because the evaluations performed indicate the non-realization of the most important indicators of this important and upstream document. The emphasis on comparative study in response to the aforementioned question is because studying human experience in similar fields can lead to the development of theoretical and related literature to this question. Based on this, first, an explanation is provided about research needs assessment, and we explain the necessity of research in the legal dimensions of the governance system and the responsibilities arising from the non-realization of the goals and programs approved by the governance system.

Based on the results obtained, it is found that the agreement of two or more people for the purpose of joint use of a product or service in order to reduce cost, if it partakes of the conditions and elements of a contract, is a type of binding contract, which may be labelled as "a contract regarding saving on consumption. The parties are bound to the effects resulting from the contract, and in case of failure to fulfill their obligations, it is possible to oblige the parties to carry out these obligations or to compensate for damages. The savings contract will be terminated in case the goods or services subject to savings are lost, the conditions under which the parties concluded the contract change, or the term of contract expires. According to the subject of this agreement and based on the sources of Iranian law, the agreement on savings is a type of indefinite contract and the appropriate title for it is "consumption savings contract". As a result, due to the contractual nature of the relationship between its parties, for the authenticity of this relationship, there must be the basic conditions for the authenticity of contracts. This agreement is a binding contract, the subject of which is the joint use of goods or services with the aim of obtaining benefits through cost reduction.This contract is one of the indefinites, compensatory and forgiving contracts, and it has the following effects: its identification from a legal point of view causes the recognition of responsibility for the parties and encourages people to use it jointly, the costs incurred and the responsibilities resulting from it are shared. In the relationship between the parties, their responsibility is non-joint and joint and joint and several against the third party. The cost-saving contract is terminated from the date of the loss or damage of the property if the property is completely or partially destroyed, in such a way that the contract cannot be continued. It is also the case if one of the parties or some of them lose the conditions they had at the time of the contract. If there is an option, this contract can be terminated. If this contract is bound by time, it will be dissolved upon the expiration of the contract period.

Transactions related to real estate property are considered non-commercial in the commercial law approved in 1311; however, in Article 5 of the Law of purchase of Apartment approved in 1343, the legislator provides the possibility for companies subject to Article 20 of the commercial Law to build houses, apartments or place of business for sale or rent. There is a difference of opinion among jurists regarding the consideration of the matters mentioned in that article as commercial nature. Also, the group that considers the above activities to be commercial; In this regard, they do not agree whether those matters are included in Article 2, Clause 1 of the commercial Law or not. In French law, the purchase of real estate with the intention of sale is considered inherently commercial; unless the buyer proves that he meant to buy, build a building and sell it. Also, some companies are commercial by their form. Therefore, the purchase of real estate for the purpose of construction and sale, if it is done by them, is considered commercial.The current research is based on the fact that the items listed in Article 5 of the Law of purchase are commercial in nature and are added to the items listed in Article 2 of the commercial Law, and if they are carried out by natural persons, commercial activity has also taken place. Also, according to the analogy of priority, the purchase of real estate property with the intention of selling or renting is commercial nature. Contrary to the opinion of the commentators, the purchase of immovable property with the intention of selling and renting is also considered a commercial act, and this is achieved by the analogy of priority, and in the words of the legislator, it is hidden and not achieved by the analogy of the inferred. The stronger criterion of the ruling can be used in addition to the words of some commentators: in our law, the purchase of land or an existing building is for the purpose of building a new commercial building; but buying a building is not for commercial sale. Something that can be criticized; because the nature of recent transactions is closer to the nature of transactions regarding movable property that are considered commercial. Another thing that confirms the possibility of the analogy of priority is that in French law, the purchase of immovable property with the intention of sale is considered inherently commercial; unless the buyer proves that he meant to buy, construct a building and sell it (paragraph 2 of article 1-110. L). Now that the legislator, contrary to French law, has considered the purchase of land for the purpose of construction and sale as commercial according to Article 5 of the Law of Acquisition, it considers the purchase and sale of land as commercial in the first way.

Nowadays, the use of conciliation as one of the alternative dispute resolutions (ADR) is expanding in many parts of the world. The reason is behind the numerous advantages that this procedure has in its essence for solving commercial disputes with high efficiency. Now the questions that are raised are as follows: Are there any rules of conciliation in Iran or not? If the previous question is positive, are these rules effective? And what are the rules of conciliation in the laws and regulations of other legal systems? As a brief answer, it should be noted that in Iran, despite the existence of legal rules such as conciliation in the civil law and mediation in the civil procedure law, still conciliation as a dispute resolution method has not reached maturity and has not found an independent position among other procedure. This article is based on the premise that the rules of conciliation in the current legal system of Iran are significantly different from the rules of conciliation such as the UNCITRAL model law, the rules of the International Chamber of Commerce, the directives of the European Union, the Singapore Convention or even the national law of Singapore; In such a way that currently it cannot be used as an independent and efficient method in commercial contracts.Therefore, while analyzing the current laws in Iran, with a comparative perspective, the author tries to provide a comprehensive vision of effective regulations in conciliation. Although the principle is on confidential proceedings in the conciliation method, exceptions should also be made. According to the directive of the European Union, the principle of confidentiality is maintained and no person, including the mediator, has the right to disclose the resulting documents except: (a) in cases where this is necessary for the essential considerations of public order of the relevant member state, especially when for it is necessary to ensure the protection of the best interests of children or to prevent harm to the physical or mental integrity of a person; or (b) in cases where disclosure of the content of the agreement resulting from the mediation is necessary for the purpose of implementing or enforcing that agreement. The result of this paper revealed that, Another measure that needs to be fully anticipated is the issue of not being able to refer to the documents and evidence presented by the parties in other proceedings, and this issue originates from the main philosophy of compromise; As it was said, sometimes the parties consider compromise as a method of resolving their dispute, when condemning the other party is not their main goal, and in most cases they want to continue their business relationship with him. In principle, in order to obtain the satisfaction of the other party, they may waive some of their indisputable rights, or accept some of the violations of their obligations, or present reasons and documents to their detriment, so that they can show their goodwill to the other party.

The aim of this paper was to investigate the recent military conflicts between Iran and the group known as the Taliban, who after gaining power in Afghanistan with the defeat of Ashraf Ghani's government (As the official and legal government of Afghanistan), formed a government against them and introduced themselves under the title of the Islamic Emirate of Afghanistan. In addition a brief review of the records of political relations between these two countries before and after the formation of the new political-military power there, especially in the security, social, cultural and economic fields, as well as analyzing the existing political and military conditions and the experience of ideological, political and the military of this group, assuming two cases of adopting hard military measures against their border aggression by the Islamic Republic of Iran or using some soft diplomacy methods including adopting some economic policies against that group which includes rigid economic sanctions, it will have positive and negative effects.Let's discuss each of the two issues and determine the most desirable option among them. If, during the existence of the legal government in that country and considering the relations they had with the western countries, especially the United States, access to the foreign exchange market of Herat, Kabul, etc., to provide the currency needed by Iran, opening the borders and establishing commercial relations with Afghans could have been to some extent to untie the knot and provide a part of the country's needed foreign currency, but today, such a benefit is no longer conceivable for Iran, and perhaps the only damage of this action is the consequence of the stagnation of the local economy in the border points and crossings in the east of the country, which due to the existence of alternative jobs in the country And the fact that the economic sanctions of countries against each other are never permanent, it can be compensated for the Islamic Republic even in these sanctions conditions, considering that they are not large in size and extent. Since the Islamic Emirate currently does not have the conditions of an official government from the international point of view, with which other governments and large transnational and multinational companies can have useful economic cooperation, for the Taliban leaders, the loss of financial-commercial relations with Iran and the closing of Iran's borders It will be very expensive for the needs of that country, as they are willing, in order to establish trade relations and meet the needs of the Afghan people, they will engage in useful and constructive political-economic cooperation with Iran.

One of the sources of creating legal language and literature is the establishment of regulations. Since legislation deals with the order and security of society and is also analyzed by researchers in some fields such as law, literature, linguistics, and ethics, it is necessary to complete it by following strict criteria. One of the most important criteria of correct legislation is diligence and efficiency in the quality of regulations, which is considered today as a complement to the principle of legality of the criminal phenomenon. The quality of regulations requires that the discourse of the law should not be broad and vague, and the importance of this in criminal regulations is twofold; so that it does not need to be interpreted except in exceptional cases. It seems that today, for the Iranian legislator, no specific ethical standards have been defined and implemented for this matter. Considering that voluntary and conscious decision-making legislation and voluntary actions are subject to the value of moral judgment, therefore it is subject to ethical requirements and in terms of the moral responsibility of the legislator, we consider compliance with the quality of the regulations as a good and correct decision.And among the most important moral duties of the legislator, we consider compliance with this importance and paying attention to the teachings of the language of the law as a means of communication and information. In line with the management and prevention of quality violations, the regulations as one of the most important rules of ethics of the legislator, paying attention to the quality of the legislator and observing the written, editorial and literary rules and the existence of a special institution for writing and compiling laws as well as evaluating their quality, consisting of law Scholars, writers, linguists, sociologists, ethicists and other science experts are needed and basing laws on interdisciplinary research between ethics, literature, law and linguistics can be a way forward. Of course, since no matter how much attention and care is taken in this regard, there is a possibility of ambiguity, silence, conflict, etc. in the regulations. To benefit in the proceedings as well as judicial procedure. The criterion we consider in order to determine the quality level of regulations is fuzzy logic; the most important factor in the lack of regulation quality is the legislator's incomplete understanding of legal language and interdisciplinary studies. Also, the preparation and approval of the "Comprehensive Ethical Legislator Document" regarding the ethical principles and rules of this area and related issues and issues, as well as the ethical audit of regulations, and the approval of a lesson and chapter entitled "Professional Ethics of Legislators" with an interdisciplinary approach between literature, Linguistics, ethics and law are suggested by the Ministry of Science along with the course on the principles and techniques of law-making. The most important thing is to try to establish and promote "ethical culture" through the creation of interdisciplinary discourse and critique of the above topic, among the students of law, ethics, philosophy, literature and linguistics faculties, and to promote the study of world literature in the society.

In the case being examined, the plaintiffs are a couple whose first child was born with a genetic disease and some doctors forbade them from having a second pregnancy. Because of this advice, the said couple consult two other doctors. These doctors considered the risk of the second child having a genetic disease to be low and therefore judge the ban on further pregnancy to be unfounded. Trusting the latter advice, the mentioned couple attempt to have another child. Following the pregnancy, the aforementioned doctors, after examining the relevant tests, declare the fetus to be healthy and disease-free. However, unfortunately, following the birth of the second child, it becomes clear that, just like his sibling, is also sick. As a result, the parents are forced to bear the heavy costs of maintaining the sick child and the suffering having such an offspring entail. Following these events, the said couple initiate a lawsuit for compensation of material and moral damages. Relying on the opinion of experts, the trial judge determines an amount based on blood money to compensate for material and moral damages, which ruling is also confirmed by the appeals court.In this article, an attempt is made to examine the basis of the civil liability of defendants, the elements of their civil liability, and finally, the way to compensate damages. The researches of this study showed that a doctor who is unable to carry out his mission correctly within the limits of human knowledge and technical facilities, will be responsible to the people who have referred to him to determine the path of their destiny. The doctor's responsibility in this assumption can be imagined based on the rule of pride. He made other/others proud of the health of the fetus, as a result, if his statement is proven to be false, he must be responsible for the damages caused by the birth of the sick child. Undoubtedly, the birth of such a child will result in material (maintenance and possibly treatment) and spiritual (discomfort and mental suffering) losses for his parents. As a result, although the current judicial procedure tends to use the dowry as a basis for compensating these losses, however, it seems that relying on the dowry is worth considering, especially that the dowry itself is based on the assumption The damage has been established and it is doubtful whether it corresponds to the actual amount of physical damage, let alone whether it is a basis for compensation for material and spiritual losses. For this reason, it is suggested to the judicial procedure, in such cases, the necessary expenses for the maintenance and treatment of children such as a sick child are calculated and the cause of the loss is condemned to pay these expenses continuously (and not once). In order to compensate for the moral loss, it seems that the judge should consider the most suitable method for compensating the moral loss according to the circumstances of the case.