پژوهشنامه حقوق تطبیقی
سال چهارم شماره 1 (پیاپی 5، بهار و تابستان 1399)

Unfair term is provided in our legal system in article 46 of E-Commerce Act of 2003, but not only in this law but also in other laws and regulations of our legal system, there is not a definition and criterion for recognition of these terms, but according to the international rules and principles, unfair term is a term that should cause a great inequality and the other side has not been discussed in a separate. In fact, electronic contracts with regard to their specific features need to predict the principle that respects contractual justice, as the public principles and rules of contracts. For this reason, the lack of influence of the unfair conditions in the Iranian legal system, devoted to electronic contracts, which according to the basis of the assumption of lack of awareness of poor side of the contract, we cannot rule unfair term to be void in all contracts concluded between the parties.

In the judicial system of Islam, testimony is one of the most important evidence of proof. The validity of the testimony depends on the credibility and plurality of the witness, so that if the testimony is lacking in terms and conditions, its credibility will be shaken. In this paper, we examine the "probative value of testimony is lacking conditions" and, after exposing the conflicts and ambiguities of the domestic laws regarding the probative value of this type of testimony, we refer to its jurisprudential background. In jurisprudence, there is no independent discussion under this heading, but from the context of the jurists' terms of testimony, it can be concluded that, despite the fact that some writers regard it as worthy of a judicial title, this type of testimony lacks any probative value, since testimony in jurisprudence , Is an independent evidence, which is accepted under the name of Byenehn Shari'a with all its conditions, and essentially no any value for lacking Binh-i-Shi'ain. By comparing the issue with awareness of the uniformity of the relevant regulations in other countries, the value of this type of testimony, like all other evidence, depends on judge, however, due to the fundamental difference in the basis of this type of evidence in the law of Iran and those countries Compliance with other countries is not recommended.

The immunity of arbitrator is required for the proper conduct of the arbitration. In the domestic law of Iran, the arbitrator does not enjoy any immunity and have also been held liable for damage in accordance with the basic rule of civil liability. UNCITRAL Model Law doesn't contain any rule about the immunity of arbitrator but rule of some international commercial arbitration institution accepted that arbitrators have immunity. In common law, immunity of arbitrator has found its own suitable position and immunity of judges can be extended to arbitrators. In this legal system, on the contrary to the civil law system, the absolute referee's immunity is a general rule but this general approach has been moderated in some case. In Iranian domestic law, despite of refusal of recognition of the immunity for arbitrator, but arbitrators may include an exclusion clause in the arbitration agreement and exempt them self from liability. In this research, method of descriptive – analytical has been used.

In consider ways and behaviors led to the murder of Bob deliberate, dominant verb material has been non striking targeted and less attention to spiritual led to the murder. While the possibility of premeditated murder in, there was some lawmaker's Islamic scholars and Islamic countries. This paper is trying view Imamia scholars and the public about the murder of non-striking with a comparative on the Islamic Penal code and the Iraq Penal code reviewed and funds to explain the matter in functional differentiation between religions five law and the Islamic Penal code (2013). And in this regard, legal texts and the Islamic Penal code of Iran have been examined.

Business documents, including Bill of exchange, promissory note, check, are most basically issue to be used an alternative to money. These documents are subject to specific rules and regulations and have special characteristics which distinguish them from other documents and so make them function better than cash. Those in charge of paying the document sum such as issuer, endorser, surety, and drawee may reach conditional agreements with the bearer of business documents over their own, duties and obligations of the bearer or the rights set out in the document pursuant to the rule of supremacy of will. Results of such agreements may include changes in any of the foregoing. Are all agreements considered effective, binding and enforceable in this respect? In this article, with a glance at the unified rules of Geneva Convention of 1930 regarding bill of exchange and promissory note and of 1931 regarding checks, and other legal systems. we deal with the condition and realm of the effects of these private agreements in and on business documents and their validity or invalidity in Iran's law.

In evaluation of personal injuries , choosing a mechanism to determine and pay the indemnity is an important subject. Paying the compensation can be done with a lump-sum money, which has a long Back ground and for future damages is Based on guesses, and also can be done in periodic payments. Structured settlement which is based on Lump-sum and reviw system which is based on periodic payment are the ettempts solve the problem of lump sum and periodic systems. The periodic system for future damages and the serious is more appropriate because it can be revisioned. Diyah in our law system is for compensating the personal injuries and is a kind of lump sum payment. but for the damages which is more , if it is accepted, we can also use periodic payment in serious injuries. Key words: Lump-sum payment, periodic payment, personal injury, structured settlement , Timed- damage system.

In the Constitution and some ordinary laws of Iran, the issue of the absolute prohibition of all instances of torture has been raised. In addition to domestic law, international law has also focused on torture, and international human rights instruments, including the 1984 Convention against Torture, have made this act unethical Contrary to human dignity, it is emphasized that it is necessary to mention this issue that the related domestic laws of Iran, in addition to the definition and explanation of cases of torture, have not been mentioned, but the conflict or significant differences between Iranian law and international human rights instruments In particular, the Convention on the Prohibition of Torture, as the main instrument of international law The United Nations Convention on the Prohibition of Torture The present study, which is a descriptive-analytical method written through scamming and using library resources, examines the implementation of torture bans in Iran and compares them with international human rights instruments and treaties and, in the end, The result is that my guarantees of torture in Iran are inadequate in comparison with international documents and treaties and is one of the main problems in the total prohibition of torture cases in Iran.

Citizenship rights are highly valued in the constitution. The existence of public freedoms and civil rights is one of the basic conditions for the formation of democratic governments, which are emphasized in human rights declarations on the guarantee and protection of them. Civil rights movements All three countries, Iran, Egypt and Tunisia, have many religious, cultural and ancient commonalities, especially Iran and Egypt, which have historically been among the greatest ancient civilizations, and all three countries have experienced revolutions and political transformations. اند. The present study has a comparative study of the most important components of citizenship rights in the constitutions of Iran, the Arab Republic of Egypt and the Republic of Tunisia, and has reached the general conclusion that the important components of citizenship rights in the constitutions of all three countries are called chapters. Special attention has been paid, although not in full compliance with international standards and human rights instruments.

Transactions have always been one of the vital necessities of human beings, and human beings have always dealt with different types of innovations in order to benefit and use innovative methods in transactions, because the basis of transactions is always based on the basic principle of "exchangers". The contract form is between the two sides of the deal, and it's no secret that the tech world is evolving day by day. Every day in cyberspace, we are facing new and fresh ideas, and various speculations have been made about the situation of Bitcoin in Iran so far.However, no scientific research has been done in this regard. Therefore, the issue of bitcoin has been raised in Iran for a short time, and there are many legal loopholes for legalizing bitcoin in the country, as well as providing bitcoin conditions to prevent many problems, including tax evasion and money laundering. In order to explain the status of bitcoin in law and economics, it is necessary to adopt a policy on the subject of bitcoin and pay attention to the legislature and electronic payment system according to the laws and upstream documents and the position and laws of other countries in the field of bitcoin.

In accordance with Articles 40 and 45 of the Securities Market Act securities issuers are obliged to disclose information on primary and secondary market. These requirements include two aspects: the negative and the affirmative aspect. The negative aspect of These requirements include the issuer's duty to not disclosing false or misleading information, no doubt. But the affirmative aspect of this duty, in general, that means the publisher obligation to disclose all information that may influence investment decisions, is debatable. Especially in American judgmental procedure, issuers’ affirmative obligation to disclose all important information is not accepted. In this article, we will examine comparatively, in Iranian contract law and securities law, If there is a general duty for issuers to disclose all material information. If we accept this duty, what criteria should be used for distinction of information that must be disclosed and when the issuer must disclose these information? These issues will be discussed. In short, it seems to for the necessities of the Iranian capital market, and also according to the Securities Market Act and its guidelines for disclosure of information on primary and secondary markets the issuers are obliged to disclose the information, and this duty is limited to information that significantly affect investment decisions and stock prices.

To establish company by one person named as " One-person company" or "Single-member company", although it is laid down at the Twelfth Directive of European Council and its subsequent amendments and Trade Bill passed in 2012, but neither Directive nor Trade Bill contains comprehensive rules about manners of decision-making, management and control of the company, contracts between companies and single member and how to prevent abuse of the company by the single member. This article by comparative method has tried to study the relationship between the company and the partnership and their distinction and present proposals to complete Trade Bill by analysis of single member company advantages and disadvantages with descriptive and analytical research method. Considering of single member company shows the current legal system in Iran, acceptance of this company more than anything else, requires the definition of a business enterprise in business law in a manner that represents discretion with the concept of partnership. Approval of company formation with one person without comprehensive rules about manners of decision-making, management and control of the company, contracts between companies and single member cause abusing of the company by the single member. So based on surveys conducted in this paper suggestions are presented to complete the trade bill.

Accurate understanding of the concept of "administration" is not limited to specific theoretical dimensions and includes important works and effects in the field of governance. The dependency of defining an administrative contract and determining the legal regime governing it by the "administration", the competence of the administrative judge, and the conduct of the administrative litigation to be defender administration and its centrality in distinguishing the legal regime of civil liability of the State and finally the arena of authoritative privileges in the provision of public order and public services, Indicates the importance and necessity of such cognition.Constructive Elements of the concept of administration is concerned with the organizational element, the objective element, and the method and tool element. In the organizational dimension, the main focus is on the non-political level of the executive branch and its associates; in the objective dimension, the element of public interest is decisive and the focus of the method is on the case approach, and about the instrument is the tools of authority.In order to update and fully understand the concept of governance, different models of governance and the latest developments have been discussed and it has been shown that in different models and periods, despite the significant differences, management can still rely on its three existential elements: organization (non-political level of the executive branch and its associates), purpose (public interest), and method and tools (unilaterality and authority).