mohammad javad abdollahi

Anencephaly is a severe brain disorder that occurs due to defects in the neural canal and continues due to lack of closure at the end of the neural canal. Children with this disorder are without the front part of the brain and cerebral hemispheres and have a high level of cognitive and understanding disorders. These children are usually blind, deaf and have a lack of consciousness and do not feel pain. The purpose of this article is to examine the organ donation of anencephalic children in Shia jurisprudence.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are respected.

The findings showed that, in fact, anencephalic children are born without a brain and will experience a vegetative life from the very beginning of birth. In Shia jurisprudence, these children are comparable to brain-dead people. In the comparison between anencephalic children and brain-dead patients, it should be stated that in reality these children do not have brains have brains, but they are dead. Therefore, in the first way, the judgments of the brain dead are imposed on anencephalic children.

The result is that according to the emergency rule, parents' permission is not required for child organ donation even in some cases.

The family is one of the most important and fundamental institutions in the life of individuals that this institution has basic and important functions that can have the necessary capacity and strong motivation to adapt. In fact, just as legal norms lead to cohesion and stability, moral values contribute to its dynamism and maturity. This is even more important for the family, especially for couples.

The research method in this research is descriptive-analytical.

Ethical Considerations: 

All ethical principles have been observed in the writing stages of this research.

This article examines the relationship between morality and the rights of couples in Islamic law. It is centered on emotion and love and the use of law tools alone empties the family from within. Combining rights with ethics with a greater focus on ethics is very necessary. Especially, for couples, because the family is a complex. Morality is centered on emotion and love and the use of law tools alone empties the family from Love.

The ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investment contracts. In this direction, the criterion "assistance to the economic development of the host government" has been considered as the most controversial criterion among arbitral tribunals. Why this criterion could not be uniformly applied in international arbitration courts and how to prevent its removal in the arbitration procedure is the subject of the analysis presented in this research. The material presented in this research, which was conducted with the method of reading books and survey tools, shows that in facing the With numerous problems related to this standard, it is necessary to pay attention to new investment methods and adopt a flexible approach to fulfill the requirements.

 Mothers' negative perfectionism has a wide range of negative effects on children, but the role of this trait on creativity is not yet clear; therefore, the aim of this study was the mediating role of academic motivation in the relationship between mothers' negative perfectionism and creativity of second grade elementary school students.

The research method was descriptive-correlation. The statistical population was all students of the second year of elementary school in Dilijan in 2021 with their mothers, totaling 2,642 people. From the mentioned society, 335 student-mothers were selected as a sample by random cluster method. The creativity questionnaire of Mohammadyari et al. (2005) and The Elementary School Motivation Scale of Guay et al. (2005) were completed by the students and the Besharat Multidimensional Perfectionism Scale (2006) was completed by the mothers. Data analysis was performed using regression analysis and SPSS26.

The results showed that while confirming the direct effect of negative parental perfectionism on the creativity of elementary school students, the mediating role of external regulation and intrinsic motivation in this relationship can be confirmed (P<0.001).

According to the findings, in order to increase students' creativity, it is necessary to focus on reducing mothers' negative perfectionism. If mothers are unwilling to cooperate, the negative effects of parental perfectionism in this field can be reduced by increasing students' academic motivation

Following the victory of the Constitutional Revolution movement, numerous demands for reforming labor relations were raised. However, by the end of September 1941, no labor law was ever approved in the National Consultative Assembly. Nevertheless, based on a resolution by the cabinet in March 1931, a Provident Fund was established for workers related to road and street construction, and in 1933, railway workers were also included under the services of this Fund. Although many aspects regulating labor relations were not addressed in the regulations of this Fund, two major objectives were ensured for the workers. Firstly, compensating workers who suffered injuries during work, and secondly, providing healthcare services to them in case of illness or work-related accidents. This paper seeks to answer the question of what social and economic factors led to the establishment of the Road Provident Fund in 1931. The claim made in this paper is that given the necessity of providing social services in road construction projects due to the high rate of illnesses and work-related accidents, the mechanism of Provident funds, by offering minimal social services at their own cost, relieved the employers of responsibilities in such matters.

Amendment of claim in application before issuance of the patent is considered accepted in most legal systems of the world. What is being challenged is allowance of the amendment of the claims in the application after the issuance of the patent. The Iranian legislature has limited the possibility of amendment before the issuance of the patent, and his silence regarding the possibility of amendment after the issuance of the patents indicates on impermissibility of them. American and British judicial proceedings insist on the permission of amendments even after the issuance of the patent. The European Patent Convention (EPC) is an important regional document that allows these amendments in terms of legal conditions despite the enumeration of the competitive risks of allowing amendments on the one hand and requirements of balance between rights of inventors and the standards of competition right and antitrust norms on the other hand. Our research is primarily library-based. The authors are trying to draw the legislator's attention to the benefits of the permission of the amendments even after issuance of the patent. And they are also trying to mention the rules governing the limitations of the amendments in the light of discussed jurisdictions

Legal protection of trademarks in first to file systems is subject to registration of trademarks. Yet, the important question is that if a person makes using from the trademark without complying the registration formalities, whether can he/she claim legal protection based on this prior use or not? It should be said that despite the fact that trademark registration creates an exclusive right, it is not possible to completely ignore the prior use of the trademark as well as the reputation achieved by trademarks used in commercial markets and rights of prior users cannot be denied simply because those marks are not registered. The present research tries to analyze the efforts of various legal systems in weighing and adjusting the need for trademark registration on the one hand and the need to protect the rights arising from the prior use and acquired rights of prior users and try to prevent consumers from being misled, and seeks to enumerate the conditions and criteria of applying the right of priority due to use based on the existing legislative and judicial sources of legal systems studied. The authors have considered the verdicts of domestic and foreign courts, the legal texts of countries and international documents.

The culture of the subaltern class is largely oral and so the lack of direct documents on the behavior and attitudes of the lower class in the past has become the most important obstacle to research on these people. The efforts of the new cultural historians to write the history of the subaltern peoples individually aggravate the problem of the lack of documents. The "invention" is considered one of the solutions of the new cultural historians to overcome this problem. Considering the absolute sovereignty of the sources in modern historiography for reconstructing and understanding the past, this article, based on Natalie Zemon Davis' The Return of Martin Guerre (1983) has attempted to answer the question of how historians overcome the problem of lack of documents of their research subjects by using invention in the new cultural history. To answer this question, while describing the central role of sources in modern historiography, the conceptual necessity of paying attention to individual agency in new cultural history is explained. In addition, relying on The Return of Martin Guerre, the Practice of Invention in new cultural history is explained. Finally, the relation of this issue with the sovereignty of sources in modern historiography is discussed to reveal that, contrary to the claims of the critics of new cultural history, the use of this Practice does not lead to erasing the distinction between history and fiction

One of the important issues that must be answered in the light of modern jurisprudence and law is the issue of permitting or not permitting the donation of body parts of those sentenced to death and retribution. Organ transplants for needy patients have been proposed in many countries, and in some countries it has been allowed. This issue can be examined from the point of view of jurisprudence and Iranian law, whether the holy Shari'a allows such a thing or not? The chapters of urgency and antagonism are largely related to this issue. Due to the emergency situation in the Islamic society, the permission to remove the organs of those sentenced to death, whether they are dead or not, will be in the operating room. The issue can also be examined from another perspective. In the absence of an emergency, in involuntary executions, the convict may be exterminated in the operating room instead of on a rope, because retaliation with a sword is intended to prevent persecution. His transplantable members can also be used. Of course, in this case, his permission is a condition. This is in accordance with Article 47 of the By-Laws on Execution of Limits on Limits, Deprivation of Life, Amputation, Retribution and Injury, Diyat, Whipping, Exile, Denial of Knowledge, Compulsory Residence and Prohibition of Residence in a Certain Place or Neighborhoods Is allowed.

The spread of slums and informal settlements in Tehran in the mid-1960s, and the failure of slums demolition policies for reduction of slums have led the government to overcome this problem in other ways by building housing for slums in Tehran. The construction of the Kooy-e nohom-e aban in 1965 for slum dwellers in Tehran was the most significant action of the government in this regard. Between 1965 and 1969, the slum dwellers of the affluent areas of Tehran were transferred to this residential alley. However, in the early 1970s, most residents of the Kooy-e nohom-e aban left their new homes and returned to the slums. In other words, the plan had practically failed. Despite the urgent need for adequate shelter, the question of the present article is why the residents of the Kooy-e nohom-e aban left their homes? According to the above preliminaries, we try to first explain how the Kooy-e nohom-e aban were built and how slum dwellers were settled in Kooy-e nohom-e aban. Then the social and economic characteristics of the residents of the alley were evaluated and finally an attempt was made to show why the slum dwellers left the houses of the Kooy-e nohom-e aban. It should be noted that although this residential alley has been the subject of several sociological researches due to some social necessities, the historical background of the Kooy-e nohom-e aban has not been considered and the authors of this research have limited themselves to general references in this regard and its historical aspect has been neglected. Regarding the research methodology, it should be said that the lack of documents about the behavior and attitudes of Subaltern groups in the past is the most important obstacle to such research. Therefore, considering this issue, the reconstruction of the behavior and attitudes of the residents of the Kooy-e nohom-e aban in this article is based on a demographic approach to social history. Indeed, in social history, when available resources and documents do not allow us to reconstruct the behavior and attitudes Subaltern groups individually, the alternative strategy is to reconstruct their behavior as a group through the use of demographic data that has been collected quantitively. Furthermore, by examining the reports and documents left by the residents of the Kooy-e nohom-e aban, it is shown that the main reason for the failure of the project was due to the economic situation of the residents. During the accommodation of the residents in the Kooy-e nohom-e aban, the only job opportunity provided for the residents of the Alley was the small number of shops that the Housing Organization was supposed to hand over to some shopkeepers in Hasirabad, whose shops had been destroyed along with the slum dwellers' slums. Therefore, there was no place to work in this alley, and people had to look for work in institutions in the city. Most of the slum dwellers were engaged in various seasonal jobs before settling in the Kooy-e nohom-e aban. But their seasonal occupations, which were the main source of livelihood for themselves and their families, were closely linked to their place of residence, and the existence of these job opportunities depended on their living next to the affluent. On the one hand, this possibility had disappeared for them in their new place of residence due to the long distance between the Kooy-e nohom-e aban and those areas. On the other hand, their new life had faced new costs such as water, electricity, housing installments, municipal tolls, and transportation costs, which were beyond their means. The number of unemployed women, who mostly served in the surrounding houses, also increased mainly due to the distance to the northern parts of the city (distance between 12 and 16 km). In addition to the problems and difficulties such as protecting children in the absence of the mother, paying eight to twelve rials for transportation and spending about three hours in this case limited the possibility of women moving to the north of the city, and this had a severe impact on the family economy. Therefore, most of the first residents of the Kooy-e nohom-e aban, who were among the poorest people in the community, sold their houses at a higher price, spent it on more urgent needs, and returned to the slums to continue their lives based on the initiatives they found to earn a living in city.

Acceptance of transferability of contracts is not specific to a particular contract and a general rule can be derived from it for all contracts. However, some jurists have believed the need for the consent of licensor to the free transfer of certain types of license agreements. Explaining the free transferability of the contract by the licensee and the position of the consent of licensor in the transferability of each type of license agreement is a specific question that should be answered by said that transfer of exclusive, sole licenses, individual licenses, trademark and know-how licenses is not possible except with the consent of the licensor. Looking at the laws of different nations, international documents as well as an analysis of US jurisprudence, the effects and functions of anti-transferability conditions in the contract were also considered.

According to the article 45 of new law to protect family, it is obligatory to consider the interest of the children and youth in making any decision in the courts. Interest in family law is considered to be the highest interest. Following the spread of Coronavirus epidemic a new condition came into existence and it brought in its wake some basic changes in the life of people and affected the interest of children as well. On the one hand, if parents are affected by virus then it will affect the health of children as well. On the other hand, if they cut their relation to their children then they may suffer psychologically. Accordingly, some solutions should be sorted out to facilitate their meeting. The present article following a philosophical approach seeks to study its legal procedure and the views of scholars and the impact of this crisis on detecting the interest of children and the right of family for their meeting.

Architectural works have been protected as one of the most important fields of art in international documents (such as Article 1, paragraph 2, of the Berne Convention) and the law of different countries (such as Article 7, paragraph 2 of the Law on the Protection of Authors, Writers and Artists of Iran). In practice, it faces several serious challenges such as analyzing the concept of the building, separating the original work (plan) from the building, and analyzing the element of originality. In the present article, we have attempted to analyze the element of originality as one of the pillars of a work that can be supported in the field of architecture. The most important criteria of originality in architectural works can be called non-functional criterion, dissection criterion and absolute criterion. However, due to the lack of any of these criteria, there are also sub-criteria that can help the judge in this respect. The analysis of each of these main and sub-criteria ultimately leads us to the conclusion that there is no superior or absolute criterion.

One of the duties of the Islamic government is to provide security,establish order,tranquility in the growth,development of society,which should be done by using,employing various tools,facilities,and also the Islamic society has a duty to establish the guardianship of faith,in order to avoid disorder,chaos,to perform the life-giving duty of enjoining the good,forbidding the evil. In order to become more familiar,it is worthwhile to discuss the position of security in Islam,verses,hadiths in detail in order to be clarified Iran's thoughts,positions in this regard which are derived from the spirit of the teachings of pure Islam.In this article,it is tried to answer these questions: what order should be observed according to verses,hadiths?,whose security or military should be maintained? Various types of social security have been examined from the perspective of verses,hadiths,domestic,international laws using the library method,and the law enforcement force has been mentioned as one of the most important pillars of protecting the right to social security.

According to the rules governing the legal system of intellectual property, every beneficiary has the right to challenge the validity of patents in competent authorities. Jurists, in response to the legitimacy of this right in license agreements, in addition to relying on the principle of contractual freedom, consider public interest and the rules of competition law. General Policy Reform Act of Principle 44 of the Constitution, while prohibiting the imposition of anti-competition clauses on the contract parties, assigns the determination of which to the Competition Council. The potential power of illegitimate incentives and the monopoly of licensors to create anxiety in American business seem so serious that judges express the deviation from the general rules and principles of the common law and Stoppel doctrine. Although formation of the Lear Doctrine in the American Legal System indicates the relative desirability of US judges' efforts to balance the general rules of contract at common law with public interest and anti-trust rules, it seems the most accurate way to determine the legitimacy of the clause is case study.

With the development and evolution of societies, the criminal phenomenon has also evolved. Internationalization of crime, professionalization Criminals, the use of new tools and methods in committing crimes and the phenomenon of organized crime They are the most serious manifestations of human civilization. Therefore, the realization of rights and justice is always one of the greatest ideals It has been humanity. In this regard, and with emphasis on increasing international cooperation, the criminal police organization International (Interpol) has been established. This institution has an important mission in judicial and police cooperation He is in charge of international affairs. Objectives of the research: Explaining the position of Interpol and the legal mechanisms governing it, the concept of extradition of criminals and conditions Its principles, barriers and legal effects of extradition and the role of Interpol in the extradition of criminals and legal loopholes in the United States Return of criminals in Iran.

In this research, a descriptive-analytical method has been used. Information collection method Literally by taking notes from books, scientific articles, dissertations, journals and examining documents. The law has been enacted.

Interpol has no special power. In fact, the network connection point is different The 192nd National Police is a force that each operates separately in its own territory. Interpol is a place to exchange information. But because the extradition of criminals or through bilateral agreements States or reciprocity can be achieved by increasing the awareness of governments, respect for legal principles Respecting international commitments.

Since 1956, the results of the periodic general census have been the main official sources of statistics for the unemployed population. Based on the results of the census, the Iranian society was in a full employment situation in 1956. This is while the development investments had led to non-productive or inefficient sectors of the country in the 1940s and the 1950s, on the one hand, and the rural population which was the majority at that time had overtaken the sources and the production facilities of the villages, on the other hand. Hence, a large part of the active population of the country was faced to apparent and hidden unemployment. So, the research question is why the 1956 Iranian general census was unable to show the rate of this unemployment? And the claim is that the categorization or classification which the census of unemployed people had been implemented on made the statistics altered or concealed. This type of classification of the workforce were based on wage labor, whereas in Iranian society at that time, peasantry (raʿīyatī) prevailed over the other forms of laboring. Accordingly, the quality of unemployment representation is initially discussed in the mentioned census, and then, the method through which the agricultural land were being utilized before the land reform will be examined to show how the unemployment figures remained hidden or were not counted in the 1956 general census.

In classical cultural history, the elites were considered to be agents of culture and politics, and thus, in this type of historiography, the cultural-political flows derived from ordinary people were not considered independent streams from the produced culture of the elite.However, one of the most important orientations of the new cultural history is the change in the subject matter of the study from elite to subalterns and ordinary people.The purpose of this paper is to answer the question of how, in the new cultural history, ordinary people and subaltern strata have become agents in construction of culture and politics.To answer this question, first, the position of classical cultural history on the issue of political agency and its application in the book "History of Culture in Italy" is examined. Then, in order to illustrate how this new cultural historiography has come to this orientation, while describing the stance of this approach, the book "The Cheese and the Worms: The cosmos of a Sixteenth-Century Miller" is being studied as one of the classical texts of this stream. In order to achieve this goal, with the "exploratory" approach, "comparative method" was used to discover the possibility conditions of this agency.

The strategy adopted by the 3rd Development Plan for providing employment for rural migrants and its failure are discussed in this article. Data for this paper is gathered from archival records and library resources. Following the land reform of 1963, massive migration from rural areas to the cities became the main mode of internal migration in Iran. Benefiting from continuous increase in oil revenues, the 3rd national development plan invested heavily in industrial projects in order to provide employment for rural migrants who moved to large cities following the land reform. However, the success of the strategy was limited because of two reasons: 1) capital-intensive industries were not labor-intensive; 2) rural migrants lacked the skills required by such industries.

Choosing appropriate method of dispute settlement is of utmost importance considering the fact that disputes are inevitable in contracts. This paper investigates one of the Alternative Dispute Resolution in international trade law known as Mini-Trial method. Two important questions are addressed: how is dispute settlement conducted via Mini-Trial method? How is it different from other alternative dispute resolution methods? This paper shows that this method is an optional, fast, informal and confidential compromise structured with the presence of senior executives and impartialparty. The parties shall submit their case to the senior management of each party authorized to settle disputes and then settlement negotiations begin. Mini-Trial method is not only a legal method, but also a management technique to settle disputes. The result of this process would be put in practice providing both parties agree to do so.

In contrast with the official statistics, Iran did not experience full and perfect employment prior to the land reform. The conventional style of land exploitation and the population growth as a result of hygienic and nutritious facilities led to the inadequacy of productive resources for rural population and the growth of implicit and hidden unemployment in rural areas. That was why the excess of the rural population streamed to cities by the end of the agricultural year. In the 1320s and 1330s, upon the decrease in government constructive and civil programs, the urban employment capacity decreased and the urban unemployment became vivid and explicit. It was in 1330 that job market could no more employ the rural migrant workforce and a part of urban workforce. However, the government did not admit the existence of unemployment as a social issue with economic roots since it did not distinguish the rural migrants from urban unemployed workforce and claimed that there were sufficient opportunities for employment in rural regions. The present research examines the conversion of covert unemployment to overt unemployment and the role of land reforms in the admittance and acknowledgement of unemployment as a social problem by adopting social historians’ approach and their emphasis on the tension between the objective reality of unemployment and its ideological dimension. The results revealed that due to the limitation of re-distributing lands in land reforms, migrants’ return and their request for lands could possibly disturb the government’s intended method of re-distributing lands.

In this paper security constraints unit commitment (SCUC) in the presence of wind power resources and electrical vehicles to grid is presented. SCUC operation prepare an optimal time table for generation unit commitment in order to maximize security, minimize operation cost and satisfy the constraints of networks and units in a period of time, as one of the most important research interest in power systems. Today, the relationship between power network and energy storage systems is interested for many researchers and network operators. Using Electrical Vehicles (PEVs) and wind power for energy production is one of the newest proposed methods for replacing fossil fuels.One of the effective strategies for analyzing of the effects of Vehicle 2 Grid (V2G) and wind power in optimal operation of generation is running of SCUC for power systems that are equipped with V2G and wind power resources. In this paper, game theory method is employed for deterministic solution of day-ahead unit commitment with considering security constraints in the simultaneous presence of V2G and wind power units. This problem for two scenarios of grid-controlled mode and consumer-controlled mode in three different days with light, medium and heavy load profiles is analyzed. Simulation results show the effectiveness of the presence of V2G and wind power for decreasing of generation cost and improving operation indices of power systems.