نشریه آموزه های حقوقی گواه
سال سوم شماره 2 (پیاپی 5، پاییز و زمستان 1396)

Article 838 of the Civil Code stipulates that a person may refer to his will. Referring to the will is a condition that is intended by the legislator to make an appointment to seek his will at any time. The legislator expresses this issue in a concise manner and remains silent about its nature and its works and judgments. Referral from the will may be explicit or implied. In an implicit reference, the will is impacted by any act or seizure which implies the return of a void. Jurisprudents and jurists have controversy over some implied assumptions. Another point that has been disputed in the context of the reference to the will is the right or order to refer to the will. If the reference to the will is in the form of sentences, then he can not dismiss it, and in any case, it is possible for him to refer to his will. If, however, if the right to see the will is possible, it is possible for a person to forfeit his right to claim; therefore, it will not be possible for him to return a will. In the assumption that the reference is to be made from the will, the referral is also necessary. It seems that the essence of the reference to the will is the separation from the will; also, according to the philosophy of the statute of the will of the institution, it should be a reference to the will of the category of the sentence, which is the last will of will in any case, ruling wills. Therefore, there is still the possibility to make a request for it.

As the consent and permission of the owner or the lawmaker are the crucial pillars of trust for possesion and domination of trustee, not only can the trust relation be restricted to the cases explicitly stated in the civil code, but also this relation can be seen in the other laws such as code of trade. However, the recent works have more concentration on the status of trustee in the civil code than the other laws such as code of trade about the examples and rules of trustee. This article has counted the examples of trustee to business and non-business ones and has studied their rules following the trust rules. Additionally, on the basis of this comparison it was demonstrated that both civil and business trustee has the same rules, and the trust relation follows a unique regime in a way that when the code of trade holds gross liability for business trustee, this regime does not get disorderd. It should be also noted that the reason behind the gross libility of business trustee is because of his professionality in his job and his commitment to result thereon. This conclusion has been accurately reflected in Egypt trade law, and Egyption lawmaker took a unique method facing business trustees which has been neglected in Iran trade law requiring changes and reforms in future versions of this act.

The making of differences in international trade relations is not unusual; Therefore, in order to resolve disputes, "alternative dispute resolution methods"(ADRs) such as "Conciliation" should be considered before dealing with solutions that are in difficulty. For this reason, "International Commercial Conciliation Model Law" came into force in 2002 in "UNCITRAL". On the other hand, in Iran's law there is also an institution called "compromise" which is responsible for resolving disputes between the parties to the dispute. The question that arises in this regard is: "To what extent are the rules on Conciliation in international trade law consistent with the provisions on compromise in Iranian law?" Considering what has been discussed in this paper, the compromise institution in Iranian law and international trade law are largely in line with each other; and the only difference in its form can be seen in the need for a conciliator in international trade law. The research method of this research is descriptive-analytical using library studies and has been studied through books and articles available and related to the subject matter.

In the legal system of Iran, following the Islamic jurisprudence, father and paternal ancestors, will not be sentenced to death penalty (Qisas) due to intentional murder on their children and grandchildren. Extending this rule to mother and maternal grandfathers and grandmothers is impossible. In this case, The Iranian penal code, adopted in2013, has made some progress compared with the previous law such as non-monopoly article 301 in cases of murder and extend it to all theintentional crimes, clarify the rule of not having paternal relationship and the need to proveotherwise by criminalin Article 309, and also clarify the rule of not Inheriting nemesis by criminal in Article 357 of the law. On the other hand, there are defects in the current law such asthe silence of the lawabout Permissibility or impermissibility demand retribution from the father of his childas the heir of the victimthatcomments jurists in this case is Impermissibility. Generally, the current lawcompared with the former lawis in a better position and resolvedefects of the law inthe next reformwill add strength and certaintyof law.

One of the things that can cause distress transactions are legal effect, the misuse of the emergency distress shown by the other party deal. Since that article 206 of the Civil Code is valid emergency transactions, Many dealers with knowledge of the state of emergency and specific conditions in distress, took advantage of this situation and deal with dumped into distress. On the other hand, in some cases, interactive, and thereby create an emergency situation for the individual to deal with him. In this regard, the Iranian lawyers who are four theories: the validity of the contract, invalidity of the contract, adjustment contract and the right to terminate the contract. In French law in this regard there is such a contract to be valid and some lawyers, some of them revocable and others are invalid. This issue is addressed in the laws of Germany and Switzerland, Article 138 of the German Civil Code it has declared void a contract, Article 21 of the irrevocable undertakings Switzerland also considers the transactions. The main objective of this study is to provide a solution can be tailored to the individual situation of distress at the misuse of emergency In this regard, best practices, fragmentation of trading in distress in case of emergency Abuse This division is based on the appropriate legal foundations emergency, appropriate sanctions will also be explained .  

Diat's book on the Islamic Penal Code is one of the topics that has undergone many changes due to the void of law of 1370 as well as its new affairs. Since the new regulations are in some cases lacking the legislative process, it naturally requires an analysis and study of the impact on the criminal law system, in addition to discovering the dimensions of the new developments, the ambiguities and deficiencies in the new legal material have also been discovered and in future amendments to the law Pay attention. In this research, it has been tried to infer and evaluate the legal and legal approach of the legislator by analyzing the foundations of the articles of the Penal Code adopted in 1370 and the articles of the Penal Code adopted in 2013 on Diat. The legislator seems to have focused on a special focus on the fatwa of Imam Khomeini in the 1991 law enacted to a combination of his fatwa, popular fatwa, and the fatwa of the Supreme Leader. Some of the changes have also been motivated by the unraveling of previous judicial problems, and some others have been taken into account by the Islamic Penal Code in the wake of the jurisprudence of the Guardian Council.