نشریه پژوهش های حقوقی قانون یار
پیاپی 1 (بهار 1397)

In accordance with Article 30 of the Civil Code, any owner may seize any property in his property. The article, which is based on the rule of law, is not absolute. The legislator has limited it to maintaining order and justice, therefore, the following article stipulates that "unless the possessions that the law exempts", social justice and the necessity of preventing a conflict between people require that no one, by taking possession of his own property, Unless harmful to seizure, as much as is customary and in order to eliminate harm or harm. According to the basic principle that no one has the right to seize other property, with the permission and permission of the owner. The primary obligation to seize and hold on the property is in addition to the removal of the seizure of the owner against the owner and, in the event of the loss or entry of the damage or defect, must be liable to be liable. In other words, the landlord must be compensated. The limitation of collective ownership prevents the owner from exploiting and seizing it, and makes his relation to rubbing subject to certain principles, in which the action outside of these principles lacks credibility and sometimes warrants and liability. The purpose of the "Associate Asset Acquisition" is to explore the extent to which the aforementioned principles of ownership are applicable and with what bottlenecks.

The needs that emerge from the evolution of science every day for human society are not diminished. Due to one of these needs related to medical science and jurisprudence. In this study, we are dealing with legal issues of brain death issues. Using jurisprudential, jurisprudential, narrative and legal references, we first studied the history of medical ethics, the stages of life and death, and the criteria for the identification of natural death and brain death from the medical and jurisprudential points of view, the views of religious jurists and the great authorities of imitation We have brought about the withdrawal of members of the brain dead people. Finally, there are several articles and notes that have been approved on the rights of such individuals in the Islamic Consultative Assembly and, finally, we propose solutions. In the hope that these topics are considered to be the transcendent and bring about a small drop in the readership of science.

The need for stock market regulation has been established since the founding of stock markets. Meanwhile, the experiences of this period have shown that excessive interference, as in the absence of interference, creates problems. So today, the necessity of regulating the stock market is admitted, and the differences are just about how it is set and its range. Therefore, our fundamental challenge is to examine the concept of regulation and its context in particular regarding the stock market, the reasons for the need to regulate the stock market and the impact of regulatory activities on its efficiency. Transitional regulation organizations have a major impact on market efficiency, but in Iran, institutions of transitional regulation do not act and apply the rule of law, and this creates problems for market participants and has prevented market growth, but post-discussion regulations Privatization is a better place, and if the Supreme Securities Exchange is more independent and provides free and fast flow of information in the stock market, we will certainly see growth in the market.

Amnesty is one of the causes of the fall or punishment of punishment, as well as the indulgence and affection for the convicted by the highest authority of the country or the legislative authority. Amnesty granted through the highest authority in the country is called amnesty and other general amnesty. Public amnestry is applied more often after the revolutions, political seizure, or as a result of adverse social events, or as a result of accidental events, or warfare and bloodshed. The crimes committed were the most common of those perturbations, and it created the specific environment, causes, and causes of the crime. The exceptional and critical situation raises the people's thoughts and spirits and people have a desire for peace and tranquility. Pursuit and escapes lead to the continuation of a critical situation, but ignoring many of the crimes committed in those circumstances and neglecting them, which is the general amnesty, can bring society back to normal in a better and faster way. The quality of amnesty was foreseen in the pre-revolutionary laws. But after the victory of the Islamic Revolution, it has been neglected in the penal code, and it can only be seen from the general interpretation of Article 71 of the Constitution of the Islamic Republic of Iran that the appearance of general amnesty in the jurisdiction of the Islamic Consultative Assembly.

Today, the economy plays a key role in human life. For this reason, the fight against economic corruption has a unique status. For economic crimes, titles such as economic corruption, white collar crimes (committed by the accused), and the term "organized crime" (crimes that are the object and purpose of gaining material power that occur with the genius of a person and need to be planned .) And ... are used. Many evidence in recent decades has shown that the effects of corruption in all aspects are negative and corruption has a negative impact on the growth of economic investment and the wasting of financial resources in the country. This is one of the major problems of most societies, which leads to very negative economic and social economics. Today, due to the expansion and ease of communication and technological progress, these destructive effects are not limited to one or more countries, but also disrupts world order and security. Given the great dangers of this category of crimes, the effective and coordinated struggle requires the formulation of an effective and effective criminal policy, and, in addition to addressing corruption prevention measures, which, in view of the transnational manifestations of this kind of crime, in addition to the measures National and international, is of regional or global significance.

Throughout the various historical and scientific periods, the studies and findings of criminology have changed and evolved, each according to the views and ideas of various schools. Obviously, each of the schools and currents dominated by different historical ages, have been able to influence criminology as a science, according to their national and transnational customs and customs. One of the most effective of these schools is the realm of the realm of Lomroso, Garoufalo, and Enrico Ferry, who have been able to exert tremendous effects on the findings of criminology until then, and even today their collections of ideas are considered as serious thoughts as significant ideas. . Thought based on rejection of will, belief in the causes of crime physiology, hazardous state, rehabilitation and the like, including the findings of criminology based on studies and theories of the realization school.

Financial and credit institutions, as a non-bank financial institution, are institutions that act as intermediaries in financial markets. Their services in many respects are similar to those provided by banks. The type of service, the degree of freedom and the extent of their activities are not the same in all countries and are subject to the specific laws and regulations of each country and can affect the performance of banks. In the research, which is a type of applied research, the content analysis method has been used. The results of this research indicate that the diversity of services, the rate of profit, the methods of marketing and the views of customers all affect the sustainability of bank resources.

Today, one of the important issues is the issue of protecting and observing women's rights. In the legal system of Iran, and according to the existing regulations, women are equal in the same way as men and there is no difference between them. All the ways and means by which a man can access financial resources is legally for a woman, and there is no prohibition or restriction on this for women. There is a difference in the non-willful ownership of the inheritance through inheritance between men and women, which is that, in principle, a woman has a half share of the male inheritor in the inheritance, but in the financial system of the family for women, there are other ways to possess property such as fiqh and divorce. Which can compensate for the deficit and establish balance.

One of the most important issues that has always been the subject of civil liability is the issue of compensation. When the pillars of responsibility are created, the responsibility is realized and it is obligatory for the physician to compensate for the damage caused by his mistake. The purpose of this study is to review the views on the claim for material damages, to analyze them, so that they can take an effective step towards observing patient's rights and claiming damages caused by medical malpractice. The research method of this research is a library and theoretical type (descriptive-analytical). By studying a large number of jurisprudential books and some medical books in line with the discussion, it was found that the implementation of justice and legal logic necessitates that the determination of the amount of the Diyah be based on the assumption of the minimum damage caused by murder, defeat A human member comes in and does not need to prove, and more than that, the claimant must prove. The results showed that if the physician makes a mistake in his duties, it is established that the result is a compensation, which sometimes appears in the form of a diy payment and sometimes in the form of arsh payment. Damage outside the Diyah debate will also be required, such as reimbursement for treatment costs, in accordance with the principles of civil liability, non-compliance, and the law applicable to compensation.

As we know, one of these values, which has been highly appreciated in recent years, is economic values. In the field of economics, there are rules and principles that govern that one should protect it. Export and import, monetary and banking regulations, tax system, etc. are among the issues that are considered economically. Macroeconomic policies in each legal system are presented and disclosed in the constitution of each country for the purpose of practical and practical protection in the context of thematic laws. Therefore, criminal offenses are specifically foreseen in criminal law, in order to express their values ​​and descriptions, and help them to defend themselves. The potential victims of such acts are punishable by the perpetrators or perpetrators of the crackdown if committed. In this way, economic corruption is due to renditions, bribery, money laundering, major drug trafficking, disruptions in the distribution of goods and public goods, disturbing the proper functioning of the stock market. . . It causes a scarce society called the disease and pollution of the economic system. In Iran, the role of the stock market and the prosperity of its activities are closely related to recent economic developments.

Crime is an antisocial behavior that results in litigation against the perpetrator due to a disturbance in the general public of a given society. In the distant past and during the private justice era, the damage to the community from the welfare that was seen in the victim was not separable, and there were, therefore, two private and public lawsuits, and, consequently, there were no two different types of legal and criminal litigation. With the passing of the time and evolution of their communities, tribal and tribal withdrawal, the formation of the state, the identification and censure of public interest, the loss of society, the damage that could be caused by the commission of the crime of the citizens, and the announcement of a crime not only The right to innocent, but to the right to other people was considered, and the prosecution of the perpetrators was the responsibility of the government. Along with this transformation, the rule of general crime appeared on the Roman law. In Islamic law, according to the concept of God's law, in most cases where the person charged with a crime is punishable (such as Khmer and adultery), the prosecution of the accused is not necessarily due to anyone's complaint.

Organ transplants today are commonly used to treat many diseases, in which the body or part of the body is detached from the body and into another body. The possibility of transplanting dangerous diseases as a result of the transplantation has raised the issue of legal effects, and in particular the civil liability caused by it. Whenever after organ transplantation, the signs and symptoms of the disease (such as cancer, AIDS, hepatitis, or ...), which can be transmitted through the transplant, are uncovered and proved that a cause other than the connective tissue has been the cause, By denying other things, it is assumed that the transplanted organ has been the cause of the disease. In the course of organ transplantation, there are several factors that may be responsible: the recipient or recipient of the organ, the transplant therapist, the transplant team, and the state, in view of the fact that the transplant and organ transplantation are performed in the associated university medical centers Take up However, at present, there is no specific rule to compensate those who suffer from organ transplantation, and the traditional rules of civil liability, due to the impossibility of proving some of their pillars and conditions, especially the causal relationship, are sufficiently adequate , To compensate for such damage; therefore, with a special statutory system, a special system should be established to compensate for the damage caused by the organ transplant. Such a system has been accepted in some advanced world countries.

Today, with the expansion of trade and industry, a huge transformation has taken place in people's lives, and companies play a major role in this development. Since companies have a credible, and not genuine, side, all the actions and commitments of companies are carried out through its executive director, the company's directors. The management of the company can play an important role in the fields of production and capital market. Therefore, the clarification of the relationship between managers and the establishment of appropriate and efficient laws can definitely help this transformation as well as the economic progress of the countries. The Iranian law system, like many other legal systems in the world, including the United Kingdom, has tried not to retreat from these developments. Today, in the legal system of Iran and the United Kingdom, directors of joint stock companies have full authority over third parties, and the other company can not Exempted from the obligations arising from contracts and transactions with third parties, under the pretext of limited powers in the constitution or approvals of the assemblies.

One of the most important decisions taken in the criminal case is the provision of a criminal offense against the accused. The choice of the type of supply has also been assigned to the judge of the case, which must be proportionate to the circumstances of the case, such as the status of preliminary investigations and access The accused and the reasons for committing a crime should be selected as one of the types of supply arrangements for the accused. However, surveys show that media representation of crimes can be affected by a variety of supply arrangements. The process of determining and enforcing penalties in criminal cases is of particular importance given that judging results are judged by the public at large. In the legislative phase, the first part of the criminal policy of this influence, in the most part, is the adoption of laws and the prediction of penalties in accordance with the wishes of the people, and these laws are rapidly placed on the agenda of the legislative system, and given the The intense tendency of public opinion to retributivism has a high degree of punitive punishment, which will continue to be punishable in the legislature. The media impact of the crime on the punishment stage in responding to public opinion in the form of demonstrations and intimidation General punishment and non-use of alternative measures that are backed up Rshnasy are reflected.

With the advancement of industry and technology, the changes in the environment and society, the impact of companies on the society have been considered. Because corporate managers are managers and their views are impressive. According to the ethics of managers, their responsibility for society is also the responsibility of managers of recent years. Schools exist in this area and what are the factors affecting the environment and social responsibility of managers. At the end of the methods of measuring ethics and social responsibility, and the reasons for agreeing on this issue have also been listed. Selection of a distinction is made among different categories according to the previous decisions, momentary pressures, religious values, traditions, and socio-economic factors. Ethical and social responsibility is a constant commitment of industry, business and government owners, who are committed to complying with the principles of ethics and economic development simultaneously by raising the standard of living of their workforce and their families in the community. It is also the social responsibility of companies, the commitment of industry and business owners to the community, which should create the skills of the workforce, community and government while respecting the different cultures of job positions for production.

In Islam, "thought" is introduced to the life of the heart and the life of the heart. Because the humanity of man and his perception of the world and the person of the Lord of the universe, the connection of the right, is in the way of his thinking. With the thought of the inner power of man, he flourishes and the ground for his perfection is provided. Therefore, along with the teaching and thinking of education, the moral development and perfection of the soul are also raised, which is very emphasized in Islam, and since the advent of Islam, the foundations Education is founded as a science. Education can not only be effective in the moral, rational, behavioral and even physical development of the individual, but also as a means of meeting the real needs and social interests, and is a factor in the growth of society and the Muslims who initially have this The necessity was that they succeeded in defeating the cultures of science in the short time, and because of the problems and events that occurred in the history of Muslims, they quickly slowed down their movement so that until this century Muslims The world has not been able to redefine in different countries, and today it is time that the limiting factors Obstacles to progress should be explored and devoted to the effective ways of doing things with compassion and away from individual interests. Some of these strategies are presented in this article: Religious-Intellectuality Independence - Educational Development - Material and Spiritual Well-being - Exchange of Thought and Freedom of Wisdom Considering the Importance of the Issues in the Solution and the Conclusion.