jalil maleki

In our country, a lawyer as a representative is listed under an establishment, and it is necessary to distinguish between the profession of legal representation and other ordinary representation. In western countries, these two are separated and the simultaneous use of two models of representation is prohibited. This research has been done by analytical-descriptive method. Its purpose is to compare the Islamic-Iranian model of advocacy with its western model. It was concluded that the common law of most western countries did not provide a definition of representation and left this important to the executive process. Therefore, at the place of execution, the difference between the two types of attorneys is evident and the simultaneous use of judicial and civil attorneys is prohibited. As a result, the possibility of lawyers abusing their powers has decreased, which is considered a preventive measure against crime. Influenced by the Islamic-Iranian model of our country, according to the respectable jurists, a definition of advocacy has been implemented, and there is no definition of the profession of advocacy in other legal sources. Therefore, in the first place, it is necessary to state the exact definition of legal representation and then separate their nature and legal effects from each other. The executive system of our country is not able to influence the subject's rights like the western executive system.

Silence, from the root of silence, means shutting down, and the meaning of refraining from speaking is also attributed to it. The meaning of silence in Iran is not clear in many cases, which has led to the question of whether silence can mean silent will, and in which cases does silence mean consent? What is the concept of silence and its examples in other countries such as England? what are the commonalities and differences in the works of silence and its exceptions in the two countries? Since in the legal system of Iran and England regarding silence, types, commonalities and differences and exceptions in the works of silence, no comprehensive research has been done so far, so it is necessary to conduct this research. In Iranian law, silence is not a sign of the silent person's will, and nothing can be inferred from his situation. Legislator in Iranian law has declared the prohibition of the influence of silence in the legal relations of parties and contracts, and the laws of our country have taken the rule of silence in the explanation of the will from the Islam. The exceptions to the rule of the valuelessness of silence in the legal laws of all countries are almost the same. In English law, which consists of the decisions of Parliament and the courts, although there may be exceptional cases where silence may constitute implied acceptance, it is clear that as a general rule silence cannot constitute implied acceptance in English law.

Defendants often invoke mental disorders at the time of the crime as a basis for seeking exemption from criminal responsibility. In Iran, only first-grade judicial lawyers are authorized to handle legal matters, whereas in Canada, due to the differentiation of types of legal representation, even civil lawyers can support defendants. This study employs an analytical-descriptive method and aims to compare the necessary supportive actions for defendants with mental disorders in the legal systems of Iran and Canada. In Canada, the limitations on supporting defendants are significantly fewer than in Iran, making it easier to pursue all administrative and judicial issues of the defendant. Although mental disorder at the time of committing a crime is considered a factor in exempting criminal responsibility, and both the Iranian and Canadian legal systems recognize this, Iran lacks an acceptable procedural framework for proving this claim, rendering Article 202 of the Iranian Criminal Procedure Code practically ineffective. In Canada, there are highly reliable procedures for proving mental disorders such as bipolar disorder, and upon confirmation by forensic medicine, criminal responsibility for the defendant can be easily waived.

Preserving the enviroment is essential for human life, and this required preventing pollution, misuse and exploitation. The purpose of this article is to review the framework of the legal system and the status of the statuse of global regulations related to environmental rights, with a focuse on the measures and requirements related to commercial and market activities. The aim is to analyze these issues within developing countries and provide insights for those in the early stages of creating and implementing such regulations.

This article was written using a combination of printed materials, e-books and academic articles, employing a descriptive-explanatory approach.

In today's world, the environmental preservation has been effectively pursued in some countries through the establishment of laws and regulations. Key sources for legal protection and preservation of the environment include international laws and treaties, constitutional guidelines, laws approved by the European Union Parliament, regulations of regulatory organizations, and court rulings.

Legislators should pursue sustainable development by predicting and impose taxes on environmental polluters, not extending or revoking licenses for destructive industries, establish and enforce regulations related to environmental protection responsibility. Additionally, incentive measures such as exemption for those who contribute to a clean environment could be effective. Environmental insurance, as a policy adopted by the European Union, is also for security of industries at risk at environmental pollution.

Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach.

The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed

Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

Good governance became a priority for many international organizations at the end of the Cold War, when voices for democracy and statehood were raised and expectations for the actions of international organizations to advance this goal increased. International organizations are key players in the architecture of global governance, from international peace and security to global economic governance, humanitarian aid, and sustainable development. They use their expertise and the legitimacy they gain from their global or regional mandate to facilitate international cooperation to address collective challenges. Many multilateral agencies—from the United Nations to multilateral development banks—heard this call. For multilateral organizations, the question is: what does good governance mean for the way they are structured, make decisions, and implement them? They have been very slow to set their own standards - and there is little precedent for doing so in the international system. This article, using a documentary and library method and using international documents and articles, deals with indicators of good governance in international organizations and, by adopting thetheories of philosophers, sociologists, as well as legal and political theorists, deals with eleven indicators of good governance in the World Trade Organization. Therefore, this article, while listing the elements of good governance, describes the important elements in the decision-making process of the World Trade Organization.

Tari lawsuits are one of the types of lawsuits that have been foreseen by the legislator in the Code of Civil Procedure as well as the Law on Organization and Procedure of the Court of Administrative Justice. In the current situation, according to the Iranian legal system, according to Article 17 of the Code of Civil Procedure and the Revolution in Civil Matters, any lawsuit that is pending in the hearing of another lawsuit by the plaintiff or the main person or by the main defendants It is called a litigation. Also, these lawsuits are lawsuits that are filed against other lawsuits in terms of unity of origin or relationship in terms of adding demands or in the position of defense or personal involvement in the lawsuit and are considered a complete lawsuit. In 2006, the law of the Administrative Court of Justice provided for the possibility of filing two types of litigation. With the approval of the Law on the Organization and Procedure of the Court of Administrative Justice in 2013, by assigning an article to each of them, an incomplete explanation of how to file these two lawsuits was given. Not only has this not helped to bring these cases before the Court of Justice, but it has also led to disagreements over how, under what title and by whom. The research method in this research is descriptive-analytical and library method has been used to collect resources.

The principle of independence with the special advantage that it has granted to commercial documents; He has provided the means for immediate payment regardless of the flaws in the basic contract in order to achieve some kind of certainty in business transactions. The purpose of the present research is to examine the defects of the warranty on demand in the American legal system. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. In American law, banks are prohibited from issuing guarantees according to the instructions of the Federal Reserve, and issuing guarantees is left to financial and credit institutions and insurance companies.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. American banks have started creating a new institution called guaranteed letters of credit. In this method, the principle of independence of the guaranteed letter of credit from the basic contract is specified.

In this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of different countries recognize the concept of public order and consider it as a criterion for limiting the will of individuals. However, they do not agree on the nature of the concept of public order and have found it difficult to know the truth. Contrary to some people's beliefs, public order is not a rule and it is not a legal concept, but one of the main features of social life that is used in the judicial system as a model for creating administrative integration. However, it must be argued that today the enforcement of foreign court rulings in civil matters is accepted in the Iranian-legal system, and in some cases the issuance of the enforcement order is intended in civil matters.

The purpose of this study is to investigate related claims in Iranian law and Egyptian law. Related lawsuits that may not be within the jurisdiction of the trial court lead to a variety of questions. In this context, it is important whether the Iranian and Egyptian courts in litigation have jurisdiction over the relevant litigation, depending on whether they have jurisdiction over the main litigation? The present article uses a descriptive-analytical method and a comparative approach to consider the position of the Egyptian and Iranian legal systems on these issues. This article shows that the Egyptian and Iranian courts, if they have jurisdiction to hear the main lawsuit, also have jurisdiction to hear related lawsuits. In contrast, in Iranian law, the jurisdiction of a foreign court to hear a major dispute does not preclude a competent Iranian court from hearing a related dispute, but there is disagreement in Egyptian law.

A lawsuit is a lawsuit that is filed against another lawsuit in terms of unity of origin or relationship in terms of adding a claim or in the position of defense or personal involvement in the lawsuit. Since litigation is a full-fledged lawsuit in itself, it requires formalities. The purpose of this study is to determine the pathology of the dates of filing a lawsuit. In this article, after the introduction, the concept of litigation and types of litigation deadlines are stated, which include: counterclaim litigation deadlines, third-party litigation litigation deadlines, third-party litigation litigation deadlines, guarantee of non-compliance with litigation litigation. Finally, the pathology of handling Tari lawsuits and guaranteeing the non-observance of deadlines in Tari lawsuits was dealt with.The importance of litigation arises from the fact that it is raised during the main litigation and their design is accidental, and usually the decision on the main litigation depends on clarifying the outcome of the litigation

The purpose of this study is to identify and investigate the role of justice in the pathology of litigation. Initial lawsuits are lawsuits that are brought against a third party by the plaintiff or the defendant or a third party or by the principal parties while the main lawsuit is being heard. These lawsuits must either be related to the original lawsuit or be related to the main lawsuit, in which case they will be filed in the court where the main lawsuit was filed. The purpose of litigation is to prevent recurrence of litigation and to avoid conflicting judgments.The subject matter and other elements of the proceedings must be in an unchangeable manner. To avoid any surprise action that endangers a worthy judge. But the immutability of the elements of the proceedings should not be considered absolute.

The present study is applied in terms of purpose and descriptive-analytical in terms of method. Fishing tools have also been used to collect data. Findings and

The importance of Tari lawsuits stems from the fact that during the main lawsuit And their design is accidental and usually the decision on the main lawsuit is subject to clarification It is the result of a lawsuit, and in practice it is very much in the courts.Such importance, unfortunately, has not been properly considered not only by the legislature, but also by issues, The issues, legal effects and procedure governing such lawsuits have not been considered by lawyers.

Among all the rights given to individuals in the community as basic household needs, "Food Security" is one of the most important needs of the individual, which is the responsibility of governments to meet it. In fact, the government is responsible for providing food security and social welfare. Because if they are neglected and neglected, they will endanger the health of the citizens and will cause irreparable damage, which is said to be the responsibility of the citizen towards the citizens. The civil liability of the state in this regard is the obligation to respond and to compensate for the failure to perform the duties prescribed by law, which are dealt with in this paper. Non-judicial remedies such as increased insurance coverage and subsidies and grants are proposed to provide compensation to avoid the pressures of court costs and waste of time and citizens' expenses.

Theory of lost opportunity that considers the future economic losses, Recoverable; Although widespread in British Law but Iranian law has not been addressed as it should be. We are faced with more challenges in assessing these damages, and no clear and precise criteria have been provided. Obviously, the existence of a vague criterion makes it difficult to argue for compensation under the rules of civil liability and has no preventive effect. Therefore, the main challenge of this article is to examine the criteria for calculating the opportunity loss in British law and to examine their applicability to Iranian law. At the end of this article it will be clear that in British law, the doctrine of lost opportunity is used as a way of calculating compensable damages in the assumption of loss. And calculate the amount of damage, using the "all or nothing" rule and the "Proportional Rule" to determine the Possibility and extent of the damages. The rule is relative to the recent approach of the British courts, which is also applicable to Iranian law when the probability of achieving the result is not weak.

In the development of international relations, recognition and implementation of verdicts issued bay foreign courts is necessary. Of course, this does not mean that countries are required to recognize and enforce the unconditional requirements of foreign judgments, but that the objective is to allow foreign civilian sentences to be enforced with due observance of the law, thus addressing the issue of identifying and validating the rights of those who are being watched and the way to Further development of private international law. In this paper, two different perspectives on the recognition and enforcement of sentences issued by Iran's courts in foreign countries, which include awareness of how to identify and enforce Iranian sentences from abroad, which are more in the framework of civil and private international law of foreign countries and the recognition and enforcing foreign judgments in Iran, which, in principle, apart from the civil and civil law principles of international law, which is in the framework of civil and private international law of Iran, will be examined.

This study aims to examine and criticize the insured’s duty of disclosure, as his main duty, in the insurance contract which set in Iran insurance Act and also proposed in Insurance Bill. Finally, suggestions will be provided for amendment in Insurance Act and applying in Insurance Bill.

This research prepared in the descriptive-analytical method by using library sources.

Today, the insured's obligation to disclose has lost its original foundations and needs to be "modified" or annulled. In order to modify this obligation, the duty of fair presentation can be proposed. The second approach is insured’s obligation of disclosure, by providing sufficient information to draw insurer’s attention to important matters, so that the insurer may seek further information if necessary.

In Iranian insurance law, the insured's obligation to disclose, as set forth in Insurance Act 1937, is similar to the obligation to disclose in Marine Insurance Act 1906. This obligation today no longer enjoys the justification it had at the time the laws were enacted. It is therefore necessary to consider and address this issue in the "Commercial Insurance Bill", which was submitted to the parliament in order to replace Iran's Insurance Act, and to include a more appropriate duty, such as the obligation to introduce fair presentation is proposed.

Timely delivery of the construction project is very important. In the past, the inherent ambiguities of construction were so great that timely completion of the project was not the main element of contract. The contractor completed the project within a reasonable time after the date specified in the contract. Failure to perform a contractor's contract in due time would merely entitled the employer to compensation and not deserve to be terminated. But today time is the essence of construction projects. Timely delivery, especially based on completion time, is one of the most important legal and managerial aspects of the construction project and is a priority of the parties to the contract. When it comes to the construction of the word "delivery time", we usually think of the completion time. However, contracts contain clauses or other issues related to time, such as the "feedback period", the periods of mutual communication, the performance of the individual duties, and so on. In this paper, in addition to describing the delay and its causes, we will more pay attention to the approaches of different countries to delay in project delivery. We will also have a brief look at the rules of governing in two major legal systems regarding construction projects.

Judgment decline is conducted in different ways and various instruments, in which the claim or judgment extraditions are one of those acts, and the request made by the principal claimant or any tribunal claims in order to eliminate the effect of a dispute formally consent and adduce by the court and judicial authority and has almost the same effects that arranges in petition extradition, so that after the claim extradition at its juncture and legal section, not only will be taken out of court its proceedings and jurisdiction assignment, but also the defendant(s) is also exempt from the obligation to answer and defend against propounded claim, and the court will issue the abatement of action. In condition of the claim extradition, the issue of termination of claim has also been considered and if the plaintiff wants to completely dismiss her/his claim, in this case, the termination of claim order will be issued. According to this approach, the purpose of this research is a comparative extradition study and termination of claim in Iran, French and British laws.

Karun River is the only navigable river in Iran. In addition to these features, it is the only river that has relationship with international waters and oceans of the world. However, in a few past years it has changed to a low-water and polluted river ad it is used as a means to transfer the urban and rural sewage. All these factors have caused that the River Pollution makes troubles not only the drinking water of people of the province, but also the quality of water for agriculture and crop production with high quality and quantity especially in the central and southern parts of the province. the countries have to provide domestically and internationally the rules and conventions regarding pollution of surface waters so that they provide grounds for preventing contamination of rivers including the Karun.In this article, it has been tried to present a legal analysis of the legal articles in the field of protection of surface waters against pollution of water especially protection and restoration of the Karun. National and international responsibility of Iran against pollution of Karun River is reviewed. At last, some suggestions and solutions will be made in order to revive it.

Determining the freedom limits has been always in dispute. On the one hand, Press should be critical and commanding right and forbidding wrong, on the other hand it should reflect the voice of the people as well as support the information; so determining the freedom limits has been so crucial. The press is an important part of mass media, and then in the constitution, freedom of the Press has been expressed. However there is an especial law in the name of the press. Indeed the press laws should indicate Dos and Don’ts. Also freedom of information as fundamental human right has been recognized in the national and international legal documents. Any person have right to access to information by using the press as well as other media freely therefore they will be able to access the right domestic and foreign news and information as well as international changes. In this article, the access of people to information as one of the important factors in freedom information has been indicated, so the main purpose of this paper is to indicate the inseparability between freedom of the Press and freedom of information