استاندارد

The non-conformity of goods in transactions can always be considered as one of the types of economic, financial and social risks [1], due to which not only the parties in the sale have problems and risks and possible losses, but also judicial institutions and arbitration courts are inevitably involved in solving the problems. It is possible that it will cause material and spiritual damage to the society. Of course, the nature, scope and scope of risk knowledge is very simple, and if a comprehensive definition of risk knowledge is provided, it consists of knowing the event, phenomenon, process, state, situation and thinking and worldview that may cause loss of life for the individual, population, society and environment, spiritual and financial [2]. In general, many transactions are done during the day, some of which are not done correctly. The non-conformity of the goods in transactions, including sales, leads to damages and losses to the parties and imposes certain legal effects on the seller, buyer and even third parties. In Iranian law, there are provisions for material non-conformity and defects and guarantee of executions according to articles 410 to 415, 437 to 422 in the civil law. In economic relations between individuals, when the goods do not match and the seller does not fulfill the obligation, the customer has the right to cancel the transaction and refund the price he paid, and the obligation to fulfill the undertaking along with the demand for damages for delay in delivery according to the text of the written contracts that have such performance guarantees [3]. A high volume of the density of cases entering the judiciary of Iran is caused by the failure of the parties to fulfill their obligations according to the provisions of the contract and at the times agreed upon by the parties. Also, full compensation is discussed in paragraphs 1 and 2 of articles 3, 4 and 5 of international principles and agreements. Based on this, the injured party is entitled to receive full compensation due to suffering injuries caused by non-performance. In this article, in addition to the problems surrounding domestic contracts, the compatibility of international documents and conventions with domestic laws and the expansion and explanation of their differences and commonalities have also been discussed.

The current research, like other researches in humanities, has been done by analytical and descriptive method and its information has been prepared by library method and by means of data collection. Of course, a kind of field method has been used in the current research by referring to judicial authorities and examining cases with similar issues.

Today, legislators are trying to compile a set of regulations or create conditions to reduce the dangerous effects caused by product non-conformity with proper notification. According to the present research, the non-conformity of the goods, both materially and legally, has consequences that affect the parties of the transaction at the time of transfer of the exchange guarantee and after that, and the implementation of the contract according to the provisions of the agreements is faced with difficulties. In Imamiyyah jurisprudence and according to it the civil law of Iran and some other legal systems, the seller is responsible for the loss and he is required to return the price to the buyer, if he has paid. On the surface, this is not compatible with the possession of the sale contract, because the requirement of possession is the transfer of the exchange guarantee to the owner and the lack of responsibility of the seller. In the convention, in order for the customer to be able to use the performance guarantee due to non-conformity, he must inspect the goods in terms of conformity within the shortest period of time. Otherwise, according to articles 38 and 39 of the Vienna Convention, the seller cannot claim responsibility for non-compliance. [4] In Iranian civil law, the difference between the type of goods specified in the contract and what is actually delivered in the contract, especially in the sale of a specific object, causes the contract to be invalid, but if it is a general sale, the seller is required to provide the goods of the promised type. [5] The laws of European countries such as Belgium and France are more similar to the provisions of the Convention on the International Sale of Goods. Regarding performance guarantee, the comparison of Iran's law with the Convention on the International Sale of Goods shows serious differences in the two laws. In Iranian law, failure to determine the amount, type, and description causes the contract to be void or to exercise the option and terminate the contract; While in the Convention on the International Sale of Goods, the mandatory request of the contract, which includes the right of termination, and it is a fundamental breach when it leads to such damage to the other party that basically deprives him of what he is entitled to through the contract. He hopes to deprive it. [6] It should be noted that the effects and risks that arise from the seller's non-compliance with the contract can be considered in several ways: the effects and risks that are imposed on the seller, the effects and risks that arise for the buyer. Effects and risks associated with third parties.

What was obtained from this research shows that both in Iran and in international documents, attention has been paid to the nature and dangerous effects of product non-conformity. In fact, it should be acknowledged that the innovation of this research is that it has examined the issue of risks caused by non-conformity of the goods, which has not been considered in any research so far. In general, the non-conformity of the goods in different transactions can lead to risks that both the seller and the customer and third parties suffer losses and damages. The examination of this issue in the convention indicated that in order to reduce the hardship and prevent the loss of capital due to the termination of the contract, appropriate provisions have been provided for the wrong party, whereby the violator can compensate for the non-compliance in fulfilling his obligations by submitting an alternative or repair goods and documents and compensate. In this regard, Article 34 gives the seller, who has delivered the documents and documents of the goods before the date set for delivery, the possibility to compensate for the non-compliance until the expiration of the contract, provided that the exercise of this right causes unreasonable hardship to the customer or imposing unreasonable costs on him, however, any right to demand damages as stipulated in this convention is reserved for the customer. The same feature can be seen in the principles of European contracts. In Iran's civil law, ambiguity in the amount sold is considered to be the cause of invalidity of the contract of sale, and the delivery of more or less amount is not considered to be a violation of the contract, and it considers different situations. In the general sale, the excess amount belongs to the seller and the seller is responsible for the compensation of the deficit amount. In the sale of an indivisible fixed object, a fraction of the amount gives the buyer the right to cancel, and an excess gives the seller the right to cancel.

Data sharing is one of the key issues in the success of Spatial Data Infrastructure (SDI). Data sharing can prevent the repeated production of spatial data by various organizations and institutions, and provide the reduction of the costs, prevention of the resource losses, helping the economic development and using the capabilities of spatial data in processes of decision-making. But, evidences suggest that the realization of the spatial data sharing has always faced numerous challenges and problems, and that the SDI development goals will not be achieved without solving them. Therefore, the main objective of this research is to provide a strategy for identifying and prioritizing the sharing of spatial data in the country.
The framework of the research is based on surveying, the concept of risk, and the use of a fuzzy inference system. In order to objectify this framework, a case study was conducted with the participation of 19 organizations in East Azarbaijan province. At first, various sources were reviewed and the 25 probabilistic sharing challenges were identified. Then, with the help of a questionnaire, experts’ viewpoints regarding the probability of the occurrence and severity of the impacts of the challenges were investigated. The questionnaire consists of two parts. The first part focuses on the demographic information of the experts such as affiliation, years of experience, and academic degree, which were used to determine the experts’ importance weight. The second section measures the probability and the impact intensity of each identified challenge. To measure the factors of probability and impact intensity, a five level verbal rating scale including, very high, high, medium, low and very low (as verbal terms) was used to maintain the balance between simplicity and comprehensiveness. In the next stage, a fuzzy inference system, with two inputs and one output, 25 fuzzy rules, Guassian membership functions and the field inference engine were developed to process the views of the experts and to calculate the fuzzy scores of each of the challenges using MatlabR software. Having determined the sharing challenges scores, a cluster analysis was carried out to divide them based on the score related to the groups (clusters), so that, the challenges inside a cluster are very similar (but not identical) to one another but very different from the challenges in other clusters. Since there is no need to specify the numbers of clusters in hierarchical methods in advance, the hierarchical method was used as a clustering technique to group the challenges. Then, the results were evaluated by a number of knowledgeable experts.
According to the findings, the most important challenges which had the highest scores and were also in the same cluster, include: lack of a Geoportal for searching, access and evaluation, lost problems or metadata, lack of coordination among different organizations for spatial data sharing, fear of disclosing of organizational spatial data and information, the lack of up-to-date spatial data and information, the tendency to parallel work (the lack of investigation of other organizations for spatial data and information needed by the organization) and the lack of specialist in spatial data and sharing the information. Moreover, 25 challenges of spatial data were categorized into five homogenous groups (clusters) by applying a hierarchical cluster analysis. Based on the results, the overall geometric mean value of the 25 challenges of the spatial data and information sharing was calculated as 62.76% that shows the existence of the important challenges in the realization and implementation of the spatial data sharing and SDI initiatives in organizations. Analyzing the results with regard to the two types of sharing challenges revealed that the organizational challenges with a geometric mean of 55/56% were more important than the technical challenges with a geometric mean of 44/44%. These results may mean that, in order to overcome the organizational challenges, more time and efforts have to be taken into consideration in the planning and development of SDI compared to the technical challenges.
It seems that there is no accurate and complete picture of the concept of the spatial data sharing in the majority of the organizations, and it is often interpreted as putting spatial data and information of the organization in the hands of others. However, a significant part of the sharing issue is associated with the metadata sharing that prevents the repeated works and spending unnecessary credits of the organizations, and make the available data to be accessible with spatial services in different formats after an agreement between data providers and consumers, and to be used in decision making processes. The information gap in this regard is very tangible in the organizations, nevertheless, it would be possible to change the views and behaviors of individuals and organizations by creating capacity, and eventually to be hopeful that the willingness of organizations to participate in data sharing improve. Finally, the following recommendations were suggested in order to improve the status of the data sharing: individual and organizational attitude changes towards the issue of data sharing, increasing technical knowledge and empowering organizations in spatial technologies and clarifying the benefits of spatial data sharing and its socioeconomic roles in society, specifying the leader organization and forcing organizations to create standard spatial databases and metadata.

Today, there are rather deep concerns in every city regarding the reduction of nonrenewable resources, the negative external impacts of pollution, and the serious threat of worldwide ecosystem irreversibility (Hall & Pfeiffer, 2000, p. 115). The incorrect utilization of unique, environmental and cultural resources for tourism purposes in less-developed countries have caused irrecoverable damages. Tolerance capacity takes into account the ability of both the natural and manmade systems to support various uses and demands (Godschalk & Parker, 1975, p. 163). In the past decade, Shandiz city has witnessed a considerable growth in population and physical development. The principles on which the management and planning strategies of Shandiz city has been drawn on are majorly centered around providing for the needs and requirements of humanitarian beneficiary groups; what is neglected here meanwhile, is the environmental thresholds and the tolerance capacity of ecosystem facing with a large entry of matter, energy, land use alterations and wastes produced by tourist and civilian activities. Given the changes in the effective conditions and factors of urban expansion and development in the recent era, manmade residential districts have played a significant role in forming cities. In this study, the determining factors of ecosystem tolerance capacity are considered in five factors including green environments, water and wastewater supplies and storage, disposal and recycling of wastes, energy consumption and efficiency (gas network), electricity supplies and resources, and the amount of said variables’ consumption with regards to population per capita as well as the impacts caused by unnecessary consumption on the standard and influencing the natural ecosystem of Shandiz city. To this end, the purpose of the present study is to evaluate the environmental tolerance capacity of ecosystem in Shandiz city by taking into account the spatial controlling and monitoring of the urban ecosystem’s health in the process of sustainable planning and management.
Theoretical Framework: Planners usually define tolerance capacity as the ability of a natural or artificial system to attract population growth and physical development without considerable damage or development (Schneider et al. 1978). In other words, tolerance capacity is a criterion which demonstrates the maximum range of using places, recreational locations or any particular source without damaging them (Baud Bovy & Lawson, 1998; Parfect & Power, 1997). The estimation of tolerance capacity is an index which provides tolerable limits for accepting additional loads caused by utilization to planners for decision making processes (Tabibian et al., 2006, p. 18).
Methology: The method of the study is descriptive-analytical. The five responsible factors considered for ecosystem tolerance capacity include green environments, water and wastewater supplies and storage, disposal and recycling of wastes, energy consumption and efficiency (gas network), and electricity supplies and resources. Map outputs in the GIS software along with the extent of consumptions relative to said variable standards with regards to population per capita, the impacts caused by unnecessary consumptions, and influencing the natural ecosystem of Shandiz city are taken into account.
According to the results, it was shown that the amount of water, gas, and electricity consumptions along with waste production and green environment areas are, respectively, 3.08, 2.83, 45.45, 1.5 and 32.12 times more than those of standard values. Service allocation in Shandiz city has not been based on its ecosystem tolerance capacity; furthermore, the obtained statistics regarding each variable demonstrated the fact that the infrastructure and services sections for the residents and tourists of Shandiz city are at undesirable state. The excessive consumptions which are more than standard values have been putting the ecosystem under pressure and are beyond its environmental capacity tolerance, which has led to environmental pollutions.
Conclusion & Suggestions: Investigations conducted on the aforementioned five factors shows that in Shandiz, water and gas supplies are consumed more than predetermined standards. The wastewater treatment system of the city is also not standard. Regarding the green environment variable, it was discovered that Shandiz city entails such areas more than the global standard for individuals per capita. Waste production has exceeded the permissible limit and waste recycling is far from indicated standards. Fortunately, electricity consumption is lower than the global standard. In terms of infrastructure and service provisions, the city is facing a set of problems; in this regard, the obtained statistics on each variable demonstrates the fact that the residents and tourists of Shandiz city are witnessing an unfavorable state. In case such patterns of consumption are not controlled, it may lead to an increase in the production of high amounts of wastes as well as a higher level of unsustainability in the city. The duty of administrators and executive authorities include the implementation of infrastructures and services that are in compliance with global standards as well as the needs of tourists and residents. It also entails drawing proper measures for culturalization in relation to the standards for consumers linked to aforementioned factors.

Green space is a part of the whole city up to the 18th century which was generally developed in the form of garden or paradise for special people. After the industrial revolution, emotional and mental stresses caused by hard and persevering jobs emerged, so these spaces were introduced as a respiratory need in the spread of cities. In search for a great deformation caused by social and economic situation, we have emphasized on the development of health and open space such as green space and in the th20 century by the standardization of green space which affects the physical and nonphysical situation of many cities in the world as well as the cities in our country. This paper emphasizes that green space standards cannot be unique as the reality of towns are unique. Green space dimensions, alike any other changeable facts, must be set by considering climatic, local and timely facts in the framework of physical planning.