مجله تحقیقات حقوقی
پیاپی 86 (تابستان 1398)

Prevalence of some contractual terms, in spite of their unfairness, changing the issue to an undeniable fact, confronting free will with difficulty in contractual relationships, have caused theory of unfair terms to be common in all law systems in recent centuries, in a way that now a days, few countries can be found which have no trace of development of the theory. Recognition of concept of unfairness and determining a criterion to identify it, are not necessarily enough to achieve final goal of confronting unfairness. Another aspect of supporting victims of such contractual terms is intention to establish enforcement which can give maximum protection to losers of such unfairness.
Studies have shown that preventing a further split between the dominant supporter and the poorly-constrained side lead to the adoption of the EU directive of 13/93 that member states have recognized absolute invalidity, relative invalidity, right of terminate .Accepting the theory of unconscionability in the United States is to reciprocate this principle in the UCC in the mid-20th century and if the court as a matter of law finds the clause to have been unconscionable will choose the Sanction.
In Iran law, the existing capabilities in jurisprudence, as well as the judiciary's consideration of legal principles and interpretative techniques, can be applied in this regard. One of the most important of these is the censorship of public policy and the abuse of the state of emergency. However, the results of the investigation indicate the need for the legislator to act explicitly.

In order to understand religions texts, Muslim scholars have achieved rules by which we can determine the meaning of text. Human uses word as a means of conveying the intended meaning of the speakers. Due to conventional relationship between words and meaning, we can convey the intended meaning of the word. But sometimes the words are used to convey a meaning other than what it was assigned for. But if the words and meaning are not linked together, how words can convey the meaning? It is said in response that the meaning in such case (virtual application) is conveyed by the evidence. In this paper, we have studied the concept of evidence, its role in understanding a text and its method of operation in conveying the meaning. In some cases, evidence along with the main word is used to express a second meaning. In addition, evidence conveys the intended meaning via the logical relationship with the concept of other components of the text.

AbstractThe right to vote is among the most important share-dependent rights, which is created to the benefit of the shareholder once he owns the title to a share, allowing him to participate in decision-making activities of the company’s assemblies. In might be the case that a company’s financial policies dictate selling of new shares in order to raise its capital, however at the same time, the managerial exigencies might require the maintenance of the company’s extant supervisory structure. This, in the English legal system, has enabled companies to issue shares that have no right of vote, in addition to limits applicable to right of votes of the shareholder. In the Iranian legal system, due to a legal lacuna, issuance of shares with no right of vote by a company is prohibited. Only in cases such as non-performance of the shareholder’s obligation to pay the nominal value of shares per the terms of the amended version of the Commercial Act of 1968, can a shareholder be divested of his right to vote. Furthermore, companies can in some cases limit the right of vote of a share, for instance it could be provided in the company’s articles of association that the right to vote for a shareholder is contingent upon him having a specific number of shares.

Considering that the nature of the delayed payment has been announced non-canonical, during the legal developments after the 1979 revolution in Iran, the demand of this recompense depends on its being predicted on the terms of contract conclusion. The quantitative and qualitative importance of these kind of contracts in banking, and the existence of different judicial treatment with them, convinced the author to study about “Principles and conditions of the accuracy of collateral contract recompense term in banking contracts”. In this article In addition to the study of Principles and conditions of the accuracy of “terms of delayed payment contract recompense” (collateral), this is also emphasized that “Legal delayed payment recompense” is different from “Contractual delayed payment recompense”. Therefore, the foundations, nature, effects and also principles and circumstances of these two recompenses should be considered separately. Otherwise the uncertainties and confusion would increase. Whereas judgmental procedure could not escape from these uncertainties and confusion. In this article, according to the general rules of contracts and the accuracy of collateral terms and topics, and also bank rules, The main Principles and conditions of contract recompenses has been extracted and studied. And the result showed that deviation from these Principles and conditions, may be encounter with execution guarantee of the original contract termination or termination of the term of recompense. While the attention to these Principles and conditions makes the distinction between contract recompense and usury doubtfulness.

The internal morality of the law is title of eight principles that states the idea of the rule of law in the thought of Lon Fuller. Based on this idea, it is necessary, to apply something as law, to pass a test that containing the above principles; so that in the absence of these principles, then we do not have any legal system, not even a bad legal system. From Fuller's point of view, the internal morality of law will lead to the reduction of all types of government injustices. These principles help the legal system, based on the moral values of the relationships between citizens and officials, to establish a social relationship between them and to ensure respect for the self-determination of individuals - as autonomous and accountable subjects. law's internal morality is neutral toward variety of substantive aims of law, and is incompatible with injustice and undesirable aims, and is a moral and non-instrumentally virtue based on which it is possible to justify a necessary of the connection between law and substantive morality.

One of the most arguable issues in tort law is analyzing the compensation of pure economic loss which is not the waste of property, benefit and personal damage and is not aroused from them. In relation to compensation of pure economic loss, legal systems do not have consensus. In this article we answer this question that depending on economic analysis, is pure economic loss recoverable? According to economic analysis of law, since pure economic loss leads to private loss not social loss, it should not be recoverable. In other words economical loss is just wealth transfer from a person to another one, therefore the action of a person causing impair cannot be lead to a damage to society, that is, this kind of damage is impossible to compensate. But it is not thoroughly correct. Applying different aspects in calculating social loss such as increased capacity and internalized expenses of liability with subrogation principle can indicate the scope of compensable pure economic loss in the view of economic analysis.

This paper aims to outline the topics of the Code of Criminal Procedure of the rogatory commission, to Aynmnykh if outside the jurisdictions of the investigation, action or investigation is necessary, the judge, do it to the judicial authority vested with the authority inherent in the . Rogatory commission is characteristic of the preliminary investigation and the courts are also authorized to grant rogatory commission. However, for the grant on behalf of some measures such as adopting the latest defense should be allowed to grant a license to prescribe its behalf during the investigation stage of the proceedings was. However, in the implementation of the rogatory commission, authority deputy in the range of requested items subject behalf is obliged to do,It is presumed as principal, but in Nyabtqzayy to draw attention to the accused due to generalization, which stipulates Mobile (draw with the introduction of the plaintiff) has not allowed a judge to issue its Vice.

The Iranian legal system has paid special attention to the authority of the husband towards the wife by following the scholars’ viewpoints in Islamic jurisprudence. This approach has led the Iranian legislature to accept the effects of patriarchal thought in the family, which are more evident in some areas such as the wife’s employment, choice of common residence, freedom of movement and recognition of their nationality. Thus, these issues represent widely the preference of husband in some aspects. Even though the position of French law has been very similar to Iranian law through the past, some recent reforms in France have decreased the authority of the husband in the family by reducing his preference regarding the wife’s employment, freedom of movement and citizenship and largely the use of a common family name. To this end, The present study compares the approach of the two legal systems on the non-financial rights of couples, especially the evolution of reforms in France relating to the change of family management pattern from "Marital Authority" to "Common Collaboration" by using a comparative approach and a descriptive-analytical method.

Today, science plays an essential role in the economy and sustainable development. Governments have to create a good environment where creators of intellectual works can work reliably, and benefit from their intellectual production outcomes, to produce and develop as much knowledge as possible. Their support should not be limited in such a way as to limit the space for scientific growth, since progress in science is always based on the use of the works of previous creators. This universality can be traced in the form of intellectual property rights and societies, especially in this era, are characterized by the broadness of science, knowledge and art. Certainly, each country will develop and implement regulations in order to stay away from the protection of science and art and, consequently, scientists and artists. What is considered in this area is the comprehensive support provided by the international community in the form of various agreements and in this area of ​​the so-called "tryps" agreement. The importance of this agreement is not limited to confrontations, imperfections and overlapping with national law. The existence of internal deficiencies and deficiencies in this field increasingly requires the addition of this agreement. This article seeks to analyze the legal effects of joining this agreement in the Iranian legal system. Revision, modification and completion of internal laws and regulations of the works that are annexed thereto.

The research hypothesis can be that in the course of the feasibility of the two Schools of the new Natural law and the legal positivism , the gradual overcome to inference of the legal rules governing international relations leads toward which school. As contemporary Public International Law recognizes rights and duties to the individuals (as evidenced by the international instruments of human rights), one cannot deny them international personality, without which that recognition could not take place. Also in the American continent, in the XXth century, even before the adoption of the American and Universal Declarations of Human Rights of 1948, doctrinal manifestations flourished in favour of the international juridical personality of the individuals .Then the evidence denotes that the” Natural Law” overcome the legal positivism, and this is an undeniable fact in the 21st Century. Fortunately, the natural law are irrefrangible linked to new jus gentium. This had led to the emergence of new rules based on the new jus gentium , to international relations. Because the jus gentium recognizes individuals as direct subjects of international relations, and furthermore, beyond the "will" of stats , governs the universal norms and rules are on the individuals.This hypothesis, regardless of the threat or use of force in the framework of “the new Jus Gentium” "Humans" deployed the transition of individuals relations instead of states in the human global community . Therefore, the natural law and jus gentium are well able to govern global public order in the worldwide.

Distinguishing between legal form and structure of the Paris Agreement, in general, and specific content of its provisions and individual elements is of great improtance.This agreement is a treaty within the meaning of the Vienna Convention on the Law of Treaties, although not all provisions in it produce legally binding obligation. Paris Agreement has included a compound of legally and non-legally binding provisions while having a twofold structure (button-up and top-down).This agreement contains a mix of hard, soft, and non-obligations, the boundaries between which are blurred, but each of which plays a distinct and valuable role. This article has discussed legal form, scope and button-up, top-down structure of Paris Agreement using a dogmatic-descriptive approach, identifies legal character of provisions in the Paris Agreement, and then proceeds to tabulate the core provisions of the Paris Agreement across a spectrum from those that conform most closely to hard obligations to those that are best characterized as ‘non-obligations.

in a agency-centered tendency toward human rights, the rights of human are the sequences which maintain our normative agency. the fulfillment of normative agency depends on the fact that the individual should have autonomy about deciding on the targets of life and to make wise decisions, human being shall not be short-sighted and shall gain a certain level of knowledge and awareness through education. in the context of media literacy, there is human being who can gain independence by realizing media restrictions, critical analysis and evaluation of media messages and conscious use of informational and communicative technologies in media world and pass the challenges of media world undamaged. the right to have media literacy confirms the fact that in media world, not being short-sighted and the normative agency is connected with media recognition. for a better understanding of such an analysis, a part of the paper shall be dedicated to thinking about the media world in addition to recognizing the concept of right and its justifying foundations.

Criminal responsibility and civil responsibility are considered as two basic concepts in the field of law in most cases in the opposite of each other. . However, as a result of intermajor approaches, one can speak of the convergence between these two fundamental concepts. The starting point for the convergence between civil and criminal responsibility in its constructive elements is to be explained. While in civil liability, consist of a harmful act and having a damaging fault is responsible for his liability, in criminal law the existence of a criminal offense, the commission of criminal conduct and the acquisition of mens rea are a condition for the fulfillment of criminal responsibility. Examples of the relationship between civil and criminal responsibility in the field of substantive criminal law is in the field of the punishment of non- intended crimes and the responsibility of the physicians. . According to the findings of this study, DIYE as a punishment of non- intended bodily harm is consistent with the concept of civil responsibility. . In the form of procedural criminal law, the compensation plea is another obvious example of the interaction between criminal and civil liability.