نشریه پژوهش های حقوق تطبیقی
سال بیستم شماره 2 (پیاپی 92، تابستان 1395)

Judicial criminal policy despite of legislative criminal policy, extends the subject of crime and the criminal consequences to the illegal acquisition of property, when it faces Article 2 of the Law of Severe Penalties. In addition, criminal behavior is extended to property acquisition through the ways, which have not been legalized by the legislator and as a result, the illegal behavior would be realized by non-action, possessing and holding property. Therefore, this article is in conformity with unfair possession. So, the judicial criminal policy, despite of legislative criminal policy, has a lot of similarities with Article 20 of Convention against Corruption on the crime issue, criminal behavior, criminal consequence and causal relationship. Pointing to the Severe Penalty, Promotion of Healthy Administrative Law and Article 20 of Convention against Corruption, reveals differentiating the criminal policy by the lawmaker in the framework of three criteria: 1- typology of crimes, 2- typology of criminals, and 3- typology of pre-criminal situation. According to the above criteria, there appear many similarities between Article 2 of Severe Penalties and Article 20 of Convention against Corruption. However, judicial criminal policy extends Article 2 to some cases of financial deviations, despite of legislative differentiation.

One of the areas of industrial property, which is most affected by developments of the borderless cyberspace, is trademarks area in which many challenges related to various fields such as territoriality principle, domain names, keywords and linking have been raised.As a result, the infringement of trademark owner's exclusive rights has been made easier. Many of these challenges, especially in the U.S. law, are considered as trademark infringement or at least trademark dilution to which the legislators have payed special attention. Even in the U.S. , case law has gone beyond and, in order to deal with the challenges, has put forward two innovative doctrines, namely "Nominative Fair Use" and "Initial Interest Confusion". The results of this study show that, in the Iranian Act on the Registration of Inventions, Industrial Designs and Trademarks, only the owner's rights infringement is sanctioned, which does not cover cases such as trademark dilution.Also and the important topic of fair use, which is necessary in cyberspace, has not been dealt with. Therefore, a reform of law is felt well.

In a lease contract, in view of the fact that the tenant basically is required to pay the contractual consideration only when the transaction’s interest has been delivered to them, this question arises that when the delivery of property interest comes into existence so that the tenant bears the mentioned responsibility.This is apparently in unanimous agreement among the Islamic Shia jurists regarding renting objects (movable properties), is that the tenant is obliged to pay the rent merely by delivery of the specific property. However, some scholars have expressed doubts about this viewpoint because the interest in a lease contract is gained gradually, and therefore, it does not exist when the specific property is delivered to the tenant. Moreover, there is no consensus of opinion about determining the delivery time when a worker must do something on an object belonging to the tenant in renting services.While analyzing and scrutinizing various perspectives, the authors in this paper have conclude that in renting objects, delivery of property interest is materialized by delivering the specific property as a source of interest in light of prevalent convention and on the subject of renting services, if the worker is supposed to do some work on the object belonging to the tenant;then worker takes possession of the mentioned object for purposes of work, and conventionally, delivery of interest is materialized only by delivering that object. Otherwise, the worker is entitled to require the tenant to pay her wage after finishing the job.

The cultural rights encompass a wide scope of human rights. Many elements of human rights are categorized within cultural rights and others are somehow associated or indirectly dependent to them. In fact, many instances of cultural rights are assumed as the basis and foundation for the enjoyment of other human rights. Despite the importance of cultural rights, international human rights system (although passing a challenging process toward culmination) has not only responded to expectations but also created various concerns. The portion of cultural rights and formation of thoughts in this regard is not satisfactory within the international human rights studies, and many issues are disregarded.This paper, reviewing the main international instruments and scientific human rights researches, makes an effort to identify the process of recognition of cultural rights in the international human rights system to declare the significant issues of cultural rights in international human rights to distinguish the cultural rights elements and, based on the aforementioned studies, to clarify the achievements and challenges of implementation of cultural rights. The paper will be concluded with some theoretical and practical suggestions and recommendations for future studies.

One of the main issues relating the commercial companies is merger. Merger is a contract by which one company or more enter the mentioned company according to a mutual agreement and lose their juristic personality unilateral or simple integration, or several commercial companies, ,while fading their own juristic personality, create a new company without entering the liquidation step bilateral or multilateral or compound integration. Since in the merger, the property of the merged companies is one of the main and determinative factors, how to calculate the property of the merged companies is very important; the affair based on which is specified the value of the shares or its partners portion and quantum of property interest and responsibilities of partners or new company. There are various theories about the criteria for the suitable time of calculating the value of conclusion of the merger contract. Determining the agreed date for assessment, the nominal value of shares or partners portion, and the real value of stock or partner’s portion are the criteria presented in this study.

The right to privacy is one of the rights and freedoms that its purpose is consistent with human rights. This right protects the freedom, and respects the fundamental human rights. It is recognized in numerous national and international instruments. In the context of recognizing this right, two issues are very important. The first is the scope of the concept of privacy; it takes a different and undetermined meaning with considering the differences between societies. The second issue is the criteria of privacy. In the human rights literature, one can detect several criteria to better understand privacy. These criteria include: "separation", "custom", "will of the people" and "democracy". This paper attempts to analyze these two dimensions of the right to privacy. The main assumption of this article is based on the belief that privacy is an undetermined concept, and is defined according to the culture and customs of different communities. Finally, every person, nation and country it defines, recognizes and supports it according to the norms.

Cyberspace has provided the ground for the emergence of a new generation of games, in the namely of virtual games, which are beyond the games and entertainment. Although the computer games, as a part of entertainment industry, are basically considered with cultural and economic approaches, what makes such games an attractive topic for law, is the possibility of buying and selling virtual goods and items within the context of games.In-game transactions associated with some challenges with the legal status of such transactions are the most important ones. In the meantime, what makes the validity of online transactions a challenging topic refers to the doubt on the vital elements of subject-matter of contract. Since everything occurs in a virtual environment, so the objects of transactions are intangible, and in fact, do not exist. Moreover, what purchased and sold are just beneficial and valuable for the game players through the game so that they have no function and benefit out of the game. This paper tries to have a legal analysis on virtual goods and items from the point of essential conditions for the validity of the object of transactions.